[Title 19 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 2000 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
19
Parts 1 to 140
Revised as of April 1, 2000
Customs Duties
Containing a Codification of documents of general
applicability and future effect
As of April 1, 2000
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
As a Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 19:
Chapter I--United States Customs Service, Department
of the Treasury..................................... 3
Finding Aids:
Table of CFR Titles and Chapters........................ 605
Alphabetical List of Agencies Appearing in the CFR...... 623
Redesignation Tables.................................... 633
Chapter I Subject Index................................. 637
List of CFR Sections Affected........................... 733
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 19 CFR 4.0 refers
to title 19, part 4,
section 0.
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[[Page v]]
EXPLANATION
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Title 1 through Title 16.................................as of January 1
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[[Page vi]]
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[[Page vii]]
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Raymond A. Mosley,
Director,
Office of the Federal Register.
April 1, 2000.
[[Page ix]]
THIS TITLE
Title 19--Customs Duties is composed of three volumes. The first two
volumes, parts 1 to 140 and parts 141 to 199 contain the regulations in
Chapter I--United States Customs Service, Department of the Treasury.
The third volume, part 200 to end contains the regulations in Chapter
II--United States International Trade Commission and Chapter III--
International Trade Administration, Department of Commerce. The contents
of these volumes represent all current regulations issued under this
title of the CFR as of April 1, 2000.
Redesignation Tables and a Subject Index to Chapter I--U.S. Customs
Service appear in the Finding Aids section of the first two volumes.
For this volume, Ruth Reedy Green was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 19--CUSTOMS DUTIES
(This book contains parts 1 to 140)
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Part
Chapter I--United States Customs Service, Department of the
Treasury.................................................. 4
Cross References: Regulations of the Department of Agriculture: See
titles 7 and 9.
Internal Revenue Service, Department of the Treasury: See Internal
Revenue Service, 26 CFR chapter I.
Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury:
27 CFR chapter I.
Drug Enforcement Administration, Department of Justice: See Food and
Drugs, 21 CFR chapter II.
Coast Guard, Department of Transportation: See 33 CFR chapter I, 46
CFR chapter I, and 49 CFR chapter IV.
Department of Defense procurement: See Federal Acquisition Regulations
System, 48 CFR chapter 2.
Department of State: See Foreign Relations, 22 CFR chapter I.
Food and Drug Administration, Department of Health and Human Services:
See Food and Drugs, 21 CFR chapter I.
Foreign trade statistics: See Commerce and Foreign Trade, 15 CFR part
30.
Foreign-Trade Zones Board: See Commerce and Foreign Trade, 15 CFR
chapter IV.
Immigration and Naturalization Service, Department of Justice: See
Aliens and Nationality, 8 CFR chapter I.
Importation of wildlife and plants: See Wildlife and Fisheries, 50 CFR
chapter I, subchapter B.
Postal Service (International Mail): See United States Postal Service,
39 CFR chapter I, subchapter B.
Public Health Service, Department of Health and Human Services: See
Public Health, 42 CFR chapter I.
Other regulations issued by the Department of the Treasury appear in
12 CFR chapter I; and title 31.
[[Page 3]]
CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
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Part Page
1-3 [Reserved]
4 Vessels in foreign and domestic trades...... 5
7 Customs relations with insular possessions
and Guantanamo Bay Naval Station........ 69
10 Articles conditionally free, subject to a
reduced rate, etc....................... 74
11 Packing and stamping; marking............... 163
12 Special classes of merchandise.............. 169
18 Transportation in bond and merchandise in
transit................................. 227
19 Customs warehouses, container stations and
control of merchandise therein.......... 245
24 Customs financial and accounting procedure.. 280
54 Certain importations temporarily free of
duty.................................... 329
101 General provisions.......................... 331
102 Rules of origin............................. 344
103 Availability of information................. 384
111 Customs brokers............................. 404
112 Carriers, cartmen, and lightermen........... 427
113 Customs bonds............................... 435
114 Carnets..................................... 459
115 Cargo container and road vehicle
certification pursuant to international
customs conventions..................... 464
118 Centralized examination stations............ 474
122 Air Commerce regulations.................... 479
123 Customs relations with Canada and Mexico.... 525
125 Cartage and lighterage of merchandise....... 549
127 General order, unclaimed, and abandoned
merchandise............................. 553
128 Express consignments........................ 560
132 Quotas...................................... 564
133 Trademarks, trade names, and copyrights..... 571
134 Country of origin marking................... 587
Editorial Note: Nomenclature changes to Chapter I appear at T.D. 95-
77, 60 FR 50021, Sept. 27, 1995.
[[Page 5]]
PARTS 1-3 [RESERVED]
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents
Arrival and Entry of Vessels
Sec.
4.0 General definitions.
4.1 Boarding of vessels; cutter and dock passes.
4.2 Reports of arrival of vessels.
4.3 Vessels required to enter; place of entry.
4.3a Penalties for violation of vessel reporting and entry
requirements.
4.4 Panama Canal; report of arrival required.
4.5 Government vessels.
4.6 Departure or unlading before report or entry.
4.7 Inward foreign manifest; production on demand; contents and form.
4.7a Inward manifest; information required; alternative forms.
4.8 Preliminary entry.
4.9 Formal entry.
4.10 Request for overtime services.
4.11 Sealing of stores.
4.12 Explanation of manifest discrepancy.
4.13 Alcoholic liquors on vessels of not over 500 net tons.
4.14 Foreign equipment purchases by, and repairs to, American vessels.
4.15 Fishing vessels touching and trading at foreign places.
4.16 [Reserved]
4.17 Vessels from discriminating countries.
Tonnage Tax and Light Money
4.20 Tonnage taxes.
4.21 Exemptions from tonnage taxes.
4.22 Exemptions from special tonnage taxes.
4.23 Certificate of payment and cash receipt.
4.24 Application for refund of tonnage tax.
Landing and Delivery of Cargo
4.30 Permits and special licenses for unlading and lading.
4.31 Unlading or transshipment due to casualty.
4.32 Vessels in distress, landing of cargo.
4.33 Diversion of cargo.
4.34 Prematurely discharged, overcarried, and undelivered cargo.
4.35 Unlading outside port of entry.
4.36 Delayed discharge of cargo.
4.37 General order.
4.38 Release of cargo.
4.39 Stores and equipment of vessels and crews' effects; unlading or
lading and retention on board.
4.40 Equipment, etc., from wrecked or dismantled vessels.
4.41 Cargo of wrecked vessel.
Passengers on Vessels
4.50 Passenger lists.
4.51 Reporting requirements for individuals arriving by vessel.
4.52 Penalties applicable to individuals.
Foreign Clearances
4.60 Vessels required to clear.
4.61 Requirements for clearance.
4.62 Accounting for inward cargo.
4.63 Outward cargo declaration; shippers' export declarations.
4.64 [Reserved]
4.65 Verification of nationality and tonnage.
4.65a Load lines.
4.66 Verification of inspection.
4.66a Illegal discharge of oil and hazardous substances.
4.66b Pollution of coastal and navigable waters.
4.66c Oil pollution by oceangoing vessels.
4.67 Closed ports or places.
4.68 Federal Maritime Commission certificates for certain passengers
vessels.
4.69 Shipping articles.
4.70 Public Health Service requirements.
4.71 Inspection of livestock.
4.72 Inspection of meat, meat-food products, and inedible fats.
4.73 Neutrality; exportation of arms and munitions.
4.74 Transportation orders.
4.75 Incomplete manifest; incomplete export declarations; bond.
4.76 Procedures and responsibilities of carriers filing outbound vessel
manifest information via the AES.
Coastwise Procedure
4.80 Vessels entitled to engage in coastwise trade.
4.80a Coastwise transportation of passengers.
4.80b Coastwise transportation of merchandise.
4.81 Reports of arrivals and departures in coastwise trade.
4.81a Certain barges carrying merchandise transferred from another
barge.
4.82 Touching at foreign port while in coastwise trade.
4.83 Trade between United States ports on the Great Lakes and other
ports of the United States.
4.84 Trade with noncontiguous territory.
4.85 Vessels with residue cargo for domestic ports.
4.86 Intercoastal residue--cargo procedure; optional ports.
4.87 Vessels proceeding foreign via domestic ports.
4.88 Vessels with residue cargo for foreign ports.
[[Page 6]]
4.89 Vessels in foreign trade proceeding via domestic ports and
touching at intermediate foreign ports.
4.90 Simultaneous vessel transactions.
4.91 Diversion of vessel; transshipment of cargo.
4.92 Towing.
4.93 Coastwise transportation by certain vessels of empty vans, tanks,
and barges, equipment for use with vans and tanks; empty
instruments of international traffic; stevedoring equipment
and material; procedures.
General
4.94 Yacht privileges and obligations.
4.95 Records of entry and clearance of vessels.
4.96 Fisheries.
4.97 Salvage vessels.
4.98 Navigation fees.
4.99 Forms; substitution.
4.100 Licensing of vessels of less than 30 net tons.
4.101 Prohibitions against Customs officers and employees.
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624; 46
U.S.C. App. 3, 91.
Section 4.1 also issued under 19 U.S.C. 1581(a), 46 U.S.C. App. 163;
Section 4.2 also issued under 19 U.S.C. 1441, 1486;
Section 4.3 also issued under 19 U.S.C. 288, 1441; 46 U.S.C. App.
111;
Section 4.3a also issued under 19 U.S.C. 1433, 1436;
Section 4.5 also issued under 19 U.S.C. 1441;
Section 4.7 also issued under 19 U.S.C. 1581(a); 46 U.S.C. App.
883a, 883b;
Section 4.7a also issued under 19 U.S.C. 1498, 1584;
Section 4.8 also issued under 19 U.S.C. 1448, 1486;
Section 4.9 also issued under 42 U.S.C. 269;
Section 4.10 also issued under 19 U.S.C. 1448, 1451;
Section 4.12 also issued under 19 U.S.C. 1584;
Section 4.14 also issued under 19 U.S.C. 1466, 1498;
Section 4.20 also issued under 46 U.S.C. 2107(b), 8103, 14306,
14502, 14511, 14512, 14513, 14701, 14702, 46 U.S.C. App. 121, 128;
Section 4.21 also issued under 19 U.S.C. 1441, 46 U.S.C. App. 121-
125, 128, 129, 132, 135;
Section 4.22 also issued under 46 U.S.C. App. 121, 128, 141;
Section 4.24 also issued under 46 U.S.C. 2108;
Section 4.30 also issued under 19 U.S.C. 288, 1446, 1448, 1450-1454,
1490;
Section 4.31 also issued under 19 U.S.C. 1453, 1586;
Section 4.32 also issued under 19 U.S.C. 1449;
Section 4.35 also issued under 19 U.S.C. 1447;
Section 4.36 also issued under 19 U.S.C. 1431, 1457, 1458, 46 U.S.C.
App. 100;
Section 4.37 also issued under 19 U.S.C. 1448, 1457, 1490;
Section 4.38 also issued under 19 U.S.C. 1448, 1505;
Section 4.39 also issued under 19 U.S.C. 1446;
Section 4.40 also issued under 19 U.S.C. 1446;
Section 4.50 also issued under 19 U.S.C. 1431; 46 U.S.C. 3502;
Section 4.51 also issued under 19 U.S.C. 1433;
Section 4.52 also issued under 19 U.S.C. 1433;
Section 4.61 also issued under 46 U.S.C. App. 883;
Section 4.65a also issued under 46 U.S.C. 5101-5102, 5106-5109,
5112-5114, 5116;
Section 4.66 also issued under 46 U.S.C. App. 91;
Section 4.66a also issued under 33 U.S.C. 1321, 46 U.S.C. App. 91;
Section 4.66b also issued under 33 U.S.C. 407, 1321;
Section 4.68 also issued under 46 U.S.C. App. 817d, 817e;
Section 4.69 also issued under 46 U.S.C. 10301, 10302, 10314, and
10315.
Section 4.74 also issued under 46 U.S.C. App. 91;
Section 4.75 also issued under 46 U.S.C. App. 91;
Section 4.80 also issued under 46 U.S.C. 12106, 46 U.S.C. App. 251,
289, 319, 802, 808, 883, 883-1;
Section 4.81 also issued under 19 U.S.C. 1442, 1486; 46 U.S.C. 251,
883;
Section 4.81a also issued under 46 U.S.C. App. 883;
Section 4.82 also issued under 19 U.S.C. 293, 294, 46 U.S.C. App.
123;
Section 4.83 also issued under 46 U.S.C. App. 91, 111, 123;
Section 4.84 also issued under 46 U.S.C. App. 883-1;
Section 4.85 also issued under 19 U.S.C. 1442, 1623;
Section 4.86 also issued under 19 U.S.C. 1442;
Section 4.88 also issued under 19 U.S.C. 1442, 1622, 1623;
Section 4.92 also issued under 46 U.S.C. App. 316(a);
Section 4.93 also issued under 19 U.S.C. 1322(a), 46 U.S.C. App.
883;
Section 4.94 also issued under 19 U.S.C. 1441; 46 U.S.C. App. 104;
Section 4.96 also issued under 46 U.S.C. 12101(a)(1), 12108, 46
U.S.C. App. 251;
Section 4.98 also issued under 31 U.S.C. 9701;
Section 4.100 also issued under 19 U.S.C. 1706.
[[Page 7]]
Source: 28 FR 14596, Dec. 31, 1963, unless otherwise noted.
Arrival and Entry of Vessels
Sec. 4.0 General definitions.
For the purposes of this part:
(a) Vessel. The word vessel includes every description of water
craft or other contrivance used or capable of being used as a means of
transportation on water, but does not include aircraft. (19 U.S.C.
1401.)
(b) Vessel of the United States. The term vessel of the United
States means any vessel documented under the laws of the United States.
(c) Documented. The term documented vessel means a vessel for which
a valid Certificate of Documentation, form CG 1270, issued by the U.S.
Coast Guard is outstanding. Upon qualification and proper application to
the appropriate Coast Guard office, the Certificate of Documentation may
be endorsed with a: (1) Registry endorsement (generally, available to a
vessel to be employed in foreign trade, trade with Guam, American Samoa,
Wake, Midway, or Kingman Reef, and other employments for which another
endorsement is not required), (2) coastwise endorsement (generally,
entitles a vessel to employment in the coastwise trade, and other
employments for which another endorsement is not required), (3) Great
Lakes endorsement (generally, entitles a vessel to engage in the
coastwise trade on the Great Lakes and their tributary and connecting
waters, in trade with Canada, and in other employments for which another
endorsement is not required), (4) fishery endorsement (generally,
subject to federal and state laws regulating the fisheries, entitles a
vessel to fish within the Exclusive Economic Zone (16 U.S.C. 1811) and
landward of that zone and to land its catch) or (5) recreational
endorsement (entitles a vessel to recreational use only). Any other
terminology used elsewhere in this part to describe the particular
documentation of a vessel shall be read as synonymous with the
applicable terminology contained in this paragraph. Generally, any
vessel of at least 5 net tons and wholly owned by a United States
citizen or citizens is eligible for documentation except that for a
coastwise, Great Lakes, or fisheries endorsement a vessel must also be
built in the United States. Detailed Coast Guard regulations on
documentation are set forth in Title 46, Code of Federal Regulations,
Sec. 67.01-67.45.
(d) Noncontiguous territory of the United States. The term
noncontiguous territory of the United States includes all the island
territories and possessions of the United States, but does not include
the Canal Zone.
(e) Citizen. The word citizen is as defined by the U.S. Coast Guard
for purposes of vessel documentation (see subpart 67.03 of title 46,
Code of Federal Regulations.)
(f) Arrival of a vessel. The phrase ``arrival of a vessel'' means
that time when the vessel first comes to rest, whether at anchor or at a
dock, in any harbor within the Customs territory of the U.S.
(g) Departure of a vessel. The phrase ``departure of a vessel''
means that time when the vessel gets under way on its outward voyage and
proceeds on the voyage without thereafter coming to rest in the harbor
from which it is going.
[T.D. 69-266, 34 FR 20422, Dec. 31, 1969, as amended by T.D. 83-214, 48
FR 46511, Oct. 13, 1983; T.D. 93-78, 58 FR 50256, Sept. 27, 1993; T.D.
93-96, 58 FR 67315, Dec. 21, 1993]
Sec. 4.1 Boarding of vessels; cutter and dock passes.
(a) Every vessel arriving at a Customs port will be subject to such
supervision while in port as the port director considers necessary. The
port director may detail Customs officers to remain on board a vessel to
secure enforcement of the requirements set forth in this part. Customs
may determine to board as many vessels as considered necessary to ensure
compliance with the laws it enforces.
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\1-27\ [Reserved]
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(b)(1) No person, with or without the consent of the master, except
a pilot in connection with the navigation of the vessel, personnel from
another vessel in connection with the navigation of an unmanned barge,
an officer of Customs or the Coast Guard, an immigration or
[[Page 8]]
health officer, an inspector of the Animal and Plant Health Inspection
Service of the U.S. Department of Agriculture, or an agent of the vessel
or consular officer exclusively for purposes relating to Customs
formalities, shall go on board any vessel arriving from outside the
Customs territory of the United States without permission of the port
director or the Customs officer in charge until the vessel has been
taken in charge by a Customs officer.
(2) A person may leave the vessel for the purpose of reporting its
arrival as required by law (see Sec. 4.2), but no other person, except
those designated in paragraph (b)(1) of this section, shall leave any
vessel arriving from outside the Customs territory of the United States,
with or without the consent of the master, without the permission of the
port director or the Customs officer in charge until the vessel has been
properly inspected by Customs and brought into the dock or anchorage at
which cargo is to be unladen and until all passengers have been landed
from the vessel (19 U.S.C. 1433).
(3) Every person permitted to go on board or to leave without the
consent of a Customs officer under the provisions of this paragraph
shall be subject to Customs and quarantine regulations.
(4) The master of any vessel shall not authorize the boarding or
leaving of his vessel by any person in violation of this paragraph.
(c) A port director, in his discretion may issue a cutter pass on
Customs Form 3093 to permit the holder to board an incoming vessel after
it has been inspected by the quarantine authorities and taken in charge
by an officer of the Customs, as follows: (1) To persons on official
business; (2) to news reporters, newspaper photographers, photographers
of established motionpicture companies, and broadcasters of established
radio broadcasting cmmpanies; and (3) in cases of special exigency in
which the port director is satisfied as to the urgent need for the
boarding and that its allowance will not result in undue interference
with the performance of official business.
(d) No person in charge of a tugboat, rowboat, or other vessel shall
bring such conveyance alongside an incoming vessel heretofore described
and put on board thereof any person, except as authorized by law or
regulations.
(e) [Reserved]
(f) Term cutter and dock passes, for a period of not to exceed one
year, may be issued in the discretion of the port director, to persons
on official business and to duly accredited news reporters and newspaper
photographers. Passes are not transferable and shall be forfeited upon
presentation by others than those to whom issued.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 78-141, 43 FR 22174, May
24, 1978; T.D. 82-224, 47 FR 35475, Aug. 16, 1982; T.D. 92-74, 57 FR
35751, Aug. 11, 1992; T.D. 95-77, 60 FR 50010, Sept. 27, 1995; T.D. 00-
4, 65 FR 2872, Jan. 19, 2000]
Sec. 4.2 Reports of arrival of vessels.
(a) Upon arrival in any port or place within the U.S., including,
for purposes of this section, the U.S. Virgin Islands, of any vessel
from a foreign port or place, any foreign vessel from a port or place
within the U.S., or any vessel of the U.S. carrying bonded merchandise
or foreign merchandise for which entry has not been made, the master of
the vessel shall immediately report that arrival to the nearest Customs
facility or other location designated by the port director. The report
of arrival, except as supplemented in local instructions issued by the
port director and made available to interested parties by posting in
Customs offices, publication in a newspaper of general circulation, and
other appropriate means, shall be made by any means of communication to
the port director or to a Customs officer assigned to board the vessel.
The Customs officer may require the production of any documents or
papers deemed necessary for the proper inspection/examination of the
vessel, cargo, passenger, or crew.
(b) For purposes of this part, ``foreign port or place'' includes a
hovering vessel, as defined in 19 U.S.C. 1401(k), and any point in
Customs waters beyond the territorial sea or on the high seas at which a
vessel arriving in a port or place in the U.S. has received merchandise.
[[Page 9]]
(c) In the case of certain vessels arriving either in distress or
for the limited purpose of taking on certain supplies and departing
within a 24-hour time period without having landed or taken on any
passengers or other merchandise (see section 441(4), Tariff Act of 1930,
as amended), the report may be filed by either the master, owner, or
agent, and shall be in the form and give the information required by
that statute, except that the report need not be under oath. A derelict
vessel shall be considered one in distress and any person bringing it
into port may report its arrival.
(d) The report of baggage and merchandise required to be made by
certain passenger vessels making three or more trips a week between U.S.
and foreign ports and vessels used exclusively as ferryboats carrying
passengers, baggage, or merchandise (see section 441(2), Tariff Act of
1930, as amended), is in addition to the required report of arrival, and
shall be made within 24 hours of arrival.
[T.D. 93-96, 58 FR 67315, Dec. 21, 1993, as amended by T.D. 94-44, 59 FR
23795, May 9, 1994]
Sec. 4.3 Vessels required to enter; place of entry.
(a) Formal entry required. Unless specifically excepted by law,
within 48 hours after the arrival at any port or place in the United
States, the following vessels are required to make formal entry:
(1) Any vessel from a foreign port or place;
(2) Any foreign vessel from a domestic port;
(3) Any vessel of the United States having merchandise on board
which is being transported in-bond (not including bonded ship's stores
or supplies), or foreign merchandise for which entry has not been made;
or
(4) Any vessel which has visited a hovering vessel as defined in 19
U.S.C. 1401(k), or has delivered or received merchandise or passengers
while outside the territorial sea.
(b) Completion of entry. (1) When vessel entry is to be made at the
customhouse, either the master, licensed deck officer, or purser may
appear in person during regular working hours to complete preliminary or
formal vessel entry; or necessary documents properly executed by the
master or other authorized officer may be delivered at the customhouse
by the vessel agent or other personal representative of the master.
(2) The appropriate Customs port director may permit the entry of
vessels to be accomplished at locations other than the customhouse, and
services may be requested outside of normal business hours. Customs may
take local resources into consideration in allowing formal entry to be
transacted on board vessels or at other mutually convenient approved
sites and times within or outside of port limits. When services are
requested to be provided outside the limits of a Customs port, the
appropriate port director to whom an application must be submitted is
the director of the port located nearest to the point where the proposed
services would be provided. That port director must be satisfied that
the place designated for formal entry will be sufficiently under Customs
control at the time of entry, and that the expenses incurred by Customs
will be reimbursed as authorized. It may be required that advance notice
of vessel arrival be given as a condition for granting requests for
optional entry locations. A master, owner, or agent of a vessel who
desires that entry be made at an optional location will file with the
appropriate port director an application on Customs Form 3171 and a
single entry or continuous bond on Customs Form 301 containing the bond
conditions set forth in Sec. 113.64 of this chapter, in such amount as
that port director deems appropriate but not less than $1,000. If the
application is approved, the port director or a designated Customs
officer will formally enter the vessel. Nothing in this paragraph
relieves any person or vessel from any requirement as to how, when and
where they are to report, be inspected or receive clearance from other
Federal agencies upon arrival in the United States.
[T.D. 00-4, 65 FR 2872, Jan. 19, 2000]
Sec. 4.3a Penalties for violation of vessel reporting and entry requirements.
Violation of the arrival or entry reporting requirements provided
for in
[[Page 10]]
this part may result in the master being liable for certain civil and
criminal penalties, as provided under 19 U.S.C. 1436, in addition to
other penalties applicable under other provisions of law. The penalties
include civil monetary penalties for failure to report arrival or make
entry, and any conveyance used in connection with any such violation is
subject to seizure and forfeiture. Further, if any merchandise (other
than sea stores or the equivalent for conveyances other than a vessel)
is involved in the failure to report arrival or entry, additional
penalties equal to the value of merchandise may be imposed, and the
merchandise may be seized and forfeited unless properly entered by the
importer or consignee. The criminal penalties, applicable upon
conviction, include fines and imprisonment if the master intentionally
commits any violation of these reporting and entry requirements or if
prohibited merchandise is involved in the failure to report arrival or
make entry.
[T.D. 93-96, 58 FR 67316, Dec. 21, 1993]
Sec. 4.4 Panama Canal; report of arrival required.
Vessels which merely transit the Panama Canal without transacting
any business there shall be required to report their arrival because of
such transit. The report of arrival shall be made in accordance with
Sec. 4.2(a).
[T.D. 79-276, 44 FR 61956, Oct. 29, 1979]
Sec. 4.5 Government vessels.
(a) No report of arrival or entry shall be required of any vessel
owned by, or under the complete control and management of the United
States or any of its agencies, if such vessel (1) is manned wholly by
members of the uniformed services of the United States, by personnel in
the civil service of the United States, or by both, and (2) is
transporting only property of the United States or passengers traveling
on official business of the United States, or it is ballast. However, if
any cargo is on board, the master or commander of each such vessel
arriving from abroad shall file a Cargo Declaration, Customs Form 1302,
or an equivalent form issued by the Department of Defense, in duplicate.
The original of each Cargo Declaration or equivalent form required under
this paragraph shall be filed with the port director within 48 hours
after the arrival of the vessel. The other copy shall be made available
for use by the discharging inspector at the pier. See Sec. 148.73 of
this chapter with respect to baggage on carriers operated by the
Department of Defense.
(b) The arrival of every vessel owned or controlled and manned as
described in paragraph (a) of this section but transporting other
property or passengers, and every vessel so owned or controlled but not
so manned, whether in ballast or transporting cargo or passengers, shall
be reported in accordance with Sec. 4.2 and the vessel shall be entered
in accordance with Sec. 4.9.
(c) Every vessel owned by, or under the complete control and
management of, any foreign nation shall be exempt from or subject to the
laws relating to report of arrival and entry under the same conditions
as a vessel owned or controlled by the United States.
[28 FR 14596, Dec. 31, 1963, as amended by 39 FR 10897, Mar. 22, 1974;
T.D. 83-213, 48 FR 46978, Oct. 17, 1983]
Sec. 4.6 Departure or unlading before report or entry.
(a) No vessel which has arrived within the limits of any Customs
port from a foreign port or place shall depart or attempt to depart,
except from stress of weather or other necessity, without reporting and
making entry as required in this part. These requirements shall not
apply to vessels merely passing through waters within the limits of a
Customs port in the ordinary course of a voyage.
(b) The ``limits of any Customs port'' as used herein are those
described in Sec. 101.3(b) of this chapter, including the marginal
waters to the 3-mile limit on the seaboard and the waters to the
boundary line on the northern and southern boundaries.
(c) Violation of this provision may result in the master being
liable for certain civil penalties and the vessel to arrest and
forfeiture, as provided under
[[Page 11]]
19 U.S.C. 1436, in addition to other penalties applicable under other
provisions of law.
[T.D. 93-96, 58 FR 67316, Dec. 21, 1993, as amended by T.D. 98-74, 63 FR
51287, Sept. 25, 1998]
Sec. 4.7 Inward foreign manifest; production on demand; contents and form.
(a) The master of every vessel arriving in the United States and
required to make entry shall have on board his vessel a manifest, as
required by section 431, Tariff Act of 1930 (19 U.S.C. 1431), and by
this section. The manifest shall be legible and complete. If it is in a
foreign language, an English translation shall be furnished with the
original and with any required copies. The manifest shall consist of a
Vessel Entrance or Clearance Statement, Customs Form 1300, and the
following documents: (1) Cargo Declaration, Customs Form 1302, (2)
Ship's Stores Declaration, Customs Form 1303, (3) Crew's Effects
Declaration, Customs Form 1304, or, optionally, a copy of the Crew List,
Customs and Immigration Form I-418, to which are attached crewmember's
declarations on Customs Form 5129, (4) Crew List, Customs and
Immigration Form I-418, and (5) Passenger List, Customs and Immigration
Form I-418. Any document which is not required may be omitted from the
manifest provided the word ``None'' is inserted in items 16, 18, and/or
19 of the Vessel Entrance or Clearance Statement, as appropriate. If a
vessel arrives in ballast and therefore the Cargo Declaration is
omitted, the legend ``No merchandise on board'' shall be inserted in
item 16 of the Vessel Entrance or Clearance Statment.
(b) The original and one copy of the manifest shall be ready for
production on demand. The master shall deliver the original and one copy
of the manifest to the Customs officer who shall first demand it. If the
vessel is to proceed from the port of arrival to other United States
ports with residue foreign cargo or passengers, an additional copy of
the manifest shall be available for certification as a traveling
manifest (see Sec. 4.85). The port director may require an additional
copy or additional copies of the manifest, but a reasonable time shall
be allowed for the preparation of any copy which may be required in
addition to the original and one copy.
(c) No Passenger List or Crew List shall be required in the case of
a vessel arriving from Canada, otherwise than by sea, at a port on the
Great Lakes or their connecting or tributary waters.
(d)(1) The master or owner of--
(i) A vessel documented under the laws of the United States with a
registry, coastwise license, or Great Lakes license endorsement, or a
vessel not so documented but intended to be employed in the foreign,
coastwise, or Great Lakes trade, or
(ii) A documented vessel with a fishery license endorsement which
has a permit to touch and trade (see Sec. 4.15) or a vessel with a
fishery license endorsement lacking a permit to touch and trade but
intended to engage in trade--
at the port of first arrival from a foreign country shall declare on
Customs Form 226 any equipment, repair parts, or materials purchased for
the vessel, or any expense for repairs incurred, outside the United
States, within the purview of section 466, Tariff Act of 1930, as
amended (19 U.S.C. 1466). If no equipment, repair parts, or materials
have been purchased, or repairs made, a declaration to that effect shall
be made on Customs Form 226.
(2) If the vessel is at least 500 gross tons, the declaration shall
include a statement that no work in the nature of a rebuilding or
alteration which might give rise to a reasonable belief that the vessel
may have been rebuilt within the meaning of the second proviso to
section 27, Merchant Marine Act, 1920, as amended (46 U.S.C. 883), has
been effected which has not been either previously reported or
separately reported simultaneously with the filing of such declaration.
The port director shall notify the U.S. Coast Guard vessel documentation
officer at the home port of the vessel of any work in the nature of a
rebuilding or alteration, including the construction of any major
component of the hull or superstructure of the vessel, which comes to
his attention unless the port director is satisfied that the owner of
the vessel has filed an application for rebuilt determination as
required by 46 CFR 67.27-3.
[[Page 12]]
(3) The declaration shall be ready for production on demand for
inspection and shall be presented as part of the original manifest when
formal entry of the vessel is made.
[T.D. 71-169, 36 FR 12602, July 2, 1971, as amended by T.D. 74-284, 39
FR 39718, Nov. 11, 1974; T.D. 77-255, 42 FR 56319, Oct. 25, 1977; T.D.
80-237, 45 FR 64565, Sept. 30, 1980; T.D. 83-214, 48 FR 46511, Oct. 13,
1983; T.D. 92-74, 57 FR 35751, Aug. 11, 1992; T.D. 00-22, 65 FR 16515,
Mar. 29, 2000]
Sec. 4.7a Inward manifest; information required; alternative forms.
The forms designated by Sec. 4.7(a) as comprising the inward
manifest shall be completed as follows:
(a) Ship's Stores Declaration. Articles to be retained aboard as sea
or ship's stores shall be listed on the Ship's Stores Declaration,
Customs Form 1303. Less than whole packages of sea or ship's stores may
be described as ``sundry small and broken stores.''
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\17-23\ [Reserved]
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(b) Crew's Effects Declaration. (Customs Form 1304). (1) The
declaration number of the Crew Member's Declaration, Customs Form 5129,
prepared and signed by any officer or crewmember who intends to land
articles in the United States, or the word ``None,'' shall be shown in
item No. 7 on the Crew's Effects Declaration, Customs Form 1304 opposite
the respective crewmember's name.
(2) In lieu of describing the articles on Customs Form 1304, the
master may furnish a Crew List, Customs and Immigration Form I-418,
endorsed as follows:
I certify that this list, with its supporting crewmembers'
declarations, is a true and complete manifest of all articles on board
the vessel acquired abroad by myself and the officers and crewmembers of
this vessel, other than articles exclusively for use on the voyage or
which have been duly cleared through Customs in the United States.
_______________________________________________________________________
(Master.)
The Crew List on Form I-418 shall show, opposite the crewmember's name,
his shipping article number and, in column 5, the declaration number. If
the crewmember has nothing to declare, the word ``None'' shall be placed
opposite his name instead of a declaration number.
(3) For requirements concerning the preparation of Customs Form
5129, see subpart G of part 148 of this chapter.
(4) Any articles which are required to be manifested and are not
manifested shall be subject to forfeiture and the master shall be
subjected to a penalty equal to the value thereof, as provided in
section 584, Tariff Act of 1930, as amended.
(c) Cargo Declaration. (1) The Cargo Declaration, Customs Form 1302,
shall list all the inward foreign cargo on board regardless of the port
of discharge. The block designated ``Arrival'' at the top of the form
shall be checked. The name of the shipper shall be set forth in the
column calling for such information and on the same line where the bill
of lading is listed for that shipper's merchandise. When more than one
bill of lading is listed for merchandise from the same shipper, ditto
marks or the word ``ditto'' may be used to indicate the same shipper.
The cargo described in column Nos. 6 and 7, and either column No. 8 or
9, shall refer to the respective bills of lading. Either column No. 8 or
column No. 9 shall be used, as appropriate. The gross weight in column
No. 8 shall be expressed in either pounds or kilograms. The measurement
in column No. 9 shall be expressed according to the unit of measure
specified in the Harmonized Tariff Schedule of the United States (HTSUS)
(19 U.S.C. 1202).
(2)(i) When inward foreign cargo is being shipped by container, each
bill of lading shall be listed in the column headed ``B/L Nr.'' in
numerical sequence according to the bill of lading number. The number of
the container which contains the cargo covered by that bill of lading
and the number of the container seal shall be listed in column No. 6
opposite the bill of lading number. The number of any other bill of
lading for cargo in that container also shall be listed in column No. 6
immediately under the container and seal numbers. A description of the
cargo shall be set forth in column No. 7 only if the covering bill of
lading is listed in the column headed ``B/L Nr.''
(ii) As an alternative to the procedure described in paragraph (i),
a separate list of the bills of lading covering each container on the
vessel may be
[[Page 13]]
submitted on Customs Form 1302 or on a separate sheet. If this procedure
is used:
(A) Each container number shall be listed in alphanumeric sequence
by port of discharge in column No. 6 of Customs Form 1302, or on the
separate sheet; and
(B) The number of each bill of lading covering cargo in a particular
container, identifying the port of lading, shall be listed opposite the
number of the container with that cargo in the column headed ``B/L Nr.''
if Customs Form 1302 is used, or either opposite or under the number of
the container if a separate sheet is used.
(iii) All bills of lading, whether issued by a carrier, freight
forwarder, or other issuer, shall contain a unique identifier consisting
of up to 16 characters in length. The unique bill of lading number will
be composed of two elements. The first element will be the first four
characters consisting of the carrier or issuer's four digit Standard
Carrier Alpha Code (SCAC) assigned to the carrier in the National Motor
Freight Traffic Association, Inc., Directory of Standard Multi-Modal
Carrier and Tariff Agent Codes, applicable supplements thereto and
reissues thereof. The second element may be up to 12 characters in
length and may be either alpha and/or numeric. The unique identifier
shall not be used by the carrier, freight forwarder or issuer for
another bill of lading for a period of 3 years after issuance. Customs
processing of the unique identifier will be limited to checking the
validity of the Standard Carrier Alpha Codes (SCAC) and ensuring that
the identifier has not been duplicated within a 3-year period. Carriers
and broker/importers will be responsible for reconciliation of
discrepancies between manifests and entries. Customs will not perform
any reconciliation except in a post-audit process.
(3) For shipment of containerized or palletized cargo, Customs
officers shall accept a Cargo Declaration which indicates that it has
been prepared on the basis of information furnished by the shipper. The
use of words of qualification shall not limit the responsibility of a
master to submit accurate Cargo Declarations or qualify the oath taken
by the master as to the accuracy of his declaration.
(i) If Cargo Declaration covers only containerized or palletized
cargo, the following statement may be placed on the declaration:
The information appearing on the declaration relating to the
quantity and description of the cargo is in each instance based on the
shipper's load and count. I have no knowledge or information which would
lead me to believe or to suspect that the information furnished by the
shipper is incomplete, inaccurate, or false in any way.
(ii) If the Cargo Declaration covers conventional cargo and
containerized or palletized cargo, or both, the use of the abbreviation
``SLAC'' for ``shipper's load and count,'' or an appropriate
abbreviation if similar words are used, is approved: Provided, That
abbreviation is placed next to each containerized or palletized shipment
on the declaration and the following statement is placed on the
delaration:
The information appearing on this declaration relating to the
quantity and description of cargo preceded by the abbreviation ``SLAC''
is in each instance based on the shipper's load and count. I have no
information which would lead me to believe or to suspect that the
information furnished by the shipper is incomplete, inaccurate, or false
in any way.
(iii) The statements specified in paragraphs (c)(3) (i) and (ii) of
this section shall be placed on the last page of the Cargo Declaration.
Words similar to ``the shipper's load and count'' may be substituted for
those words in the statements. Vague expressions such as ``said to
contain'' or ``accepted as containing'' are not acceptable. The use of
an asterisk or other character instead of appropriate abbreviations,
such as ``SLAC'', is not acceptable.
(d) Crew List. The Crew List shall be completed in accordance with
the requirements of the Immigration and Naturalization Service, United
States Department of Justice (8 CFR part 251).
(e) Passenger List. (1) The Passenger List shall be completed in
accordance with Sec. 4.50 and with the requirements of the Immigration
and Naturalization Service, U.S. Department of Justice (8 CFR part 231),
and the following certification shall be placed on its last page:
[[Page 14]]
I certify that Customs baggage declaration requirements have been
made known to incoming passengers; that any required Customs baggage
declarations have been or will simultaneously herewith be filed as
required by law and regulation with the proper Customs officer; and that
the responsibilities devolving upon this vessel in connection therewith,
if any, have been or will be discharged as required by law or regulation
before the proper Customs officer. I further certify that there are no
steerage passengers on board this vessel (46 U.S.C. 151-163).
_______________________________________________________________________
Master
(2) If the vessel is carrying steerage passengers, the reference to
steerage passengers shall be deleted from the certification, and the
master shall comply with the requirements of Sec. 4.50.
(3) If there are no steerage passengers aboard upon arrival, the
listing of the passengers may be in the form of a vessel ``souvenir
passenger list,'' or similar list, in which the names of the passengers
are listed alphabetically and to which the certificate referred to in
paragraph (e)(1) of this section is attached.
(4) All baggage on board a vessel not accompanying a passenger and
the marks or addresses thereof shall be listed on the last sheet of the
passenger list under the caption ``Unaccompanied baggage.''
[T.D. 71-169, 36 FR 12602, July 2, 1971, as amended by T.D. 73-27, 38 FR
2448, Jan. 26, 1973; T.D. 77-255, 42 FR 56320, Oct. 25, 1977; T.D. 79-
31, 44 FR 5649, Jan. 29, 1979; T.D. 85-123, 50 FR 29952, July 23, 1985;
T.D. 89-58, 54 FR 20381, May 11, 1989; T.D. 93-66, 58 FR 44130, Aug. 19,
1993; T.D. 95-77, 60 FR 50010, Sept. 27, 1995; T.D. 98-74, 63 FR 51287,
Sept. 25, 1998]
Sec. 4.8 Preliminary entry.
(a) Generally. Preliminary entry allows a U.S. or foreign vessel
arriving under circumstances that require it to formally enter, to
commence lading and unlading operations prior to making formal entry.
Preliminary entry may be accomplished electronically pursuant to an
authorized electronic data interchange system, or by any other means of
communication approved by the Customs Service.
(b) Requirements and conditions. Preliminary entry must be made in
compliance with Sec. 4.30, and may be granted prior to, at, or
subsequent to arrival of the vessel. The granting of preliminary vessel
entry by Customs at or subsequent to arrival of the vessel, is
conditioned upon the presentation to and acceptance by Customs of all
forms, electronically or otherwise, comprising a complete manifest as
provided in Sec. 4.7. Vessels seeking preliminary entry in advance of
arrival may do so by presenting to Customs a complete Customs Form 1302
(Cargo Declaration) showing all cargo on board the vessel and Customs
Form 3171, electronically or otherwise, no less than 48 hours prior to
vessel arrival. The CF 3171 will also serve as notice of intended date
of arrival. The port director may allow for the presentation of the CF
1302 and CF 3171 less than 48 hours prior to arrival in order to grant
advanced preliminary entry if a vessel voyage takes less than 48 hours
to complete from the last foreign port to the first U.S. port, or if
other reasonable circumstances warrant. Preliminary entry granted in
advance of arrival will become effective upon arrival at the port
granting preliminary entry. Additionally, Customs must receive
confirmation of a vessel's estimated time of arrival in a manner
acceptable to the port director.
[T.D. 00-4, 65 FR 2872, Jan. 19, 2000]
Sec. 4.9 Formal entry.
(a) General. Section 4.3 provides which vessels are subject to
formal entry and where and when entry must be made. The formal entry of
an American vessel is governed by section 434, Tariff Act of 1930 (19
U.S.C. 1434). The term ``American vessel'' means a vessel of the United
States (see Sec. 4.0(b)) as well as, when arriving by sea, a vessel
entitled to be documented except for its size (see Sec. 4.0(c)). The
formal entry of a foreign vessel arriving within the limits of any
Customs port is also governed by section 434, Tariff Act of 1930 (19
U.S.C. 1434). Alternatively, information necessary for formal entry may
be transmitted electronically pursuant to a system authorized by
Customs.
(b) Procedures for American vessels. Under certain circumstances,
American vessels arriving in ports of the United States directly from
other United States ports must make entry. Entry of such vessels is
required when they have merchandise aboard which is being transported
in-bond, or when
[[Page 15]]
they have unentered foreign merchandise aboard. For the purposes of the
vessel entry requirements, merchandise transported in-bond does not
include bonded ship's stores or supplies. While American vessels
transporting unentered foreign merchandise must fully comply with the
usual formal entry procedures, American vessels carrying no unentered
foreign merchandise but which have in-bond merchandise aboard may
satisfy vessel entry requirements by making a required report of
arrival, and presenting a completed Customs Form 1300 (Vessel Entrance
or Clearance Statement). Report of arrival as provided in Sec. 4.2 of
this part, together with presenting a completed Customs Form 1300
(Vessel Entrance or Clearance Statement), satisfies all entry
requirements for the subject vessels.
(c) Delivery of foreign vessel document. The master of any foreign
vessel will exhibit the vessel's document to the port director on or
before the entry of the vessel. After the net tonnage has been noted,
the document may be delivered to the consul of the nation to which such
vessel belongs, in which event the vessel master will certify to the
port director the fact of such delivery (see section 434, Tariff Act of
1930, as amended (19 U.S.C. 1434), as applied through section 438,
Tariff Act of 1930, as amended (19 U.S.C. 1438)). If not delivered to
the consul, the document will be deposited in the customhouse. Whether
delivered to the foreign consul or deposited at the customhouse, the
document will not be delivered to the master of the foreign vessel until
clearance is granted under Sec. 4.61. It will not be lawful for any
foreign consul to deliver to the master of any foreign vessel the
register, or document in lieu thereof, deposited with him in accordance
with the provisions of 19 U.S.C. 1434 until such master will produce to
him a clearance in due form from the director of the port where such
vessel has been entered. Any consul violating the provisions of this
section is liable to a fine of not more than $5,000 (section 438, Tariff
Act of 1930, as amended; 19 U.S.C. 1438).
(d) Failure to make required entry; penalties. Any master who fails
to make entry as required by this section or who presents or transmits
electronically any document required by this section that is forged,
altered, or false, may be liable for certain civil penalties as provided
under 19 U.S.C. 1436, in addition to penalties applicable under other
provisions of law. Further, any vessel used in connection with any such
violation is subject to seizure and forfeiture.
[T.D. 00-4, 65 FR 2873, Jan. 19, 2000; T.D. 00-22, 65 FR 16515, Mar. 29,
2000]
Sec. 4.10 Request for overtime services.
Request for overtime services in connection with entry or clearance
of a vessel, including the boarding of a vessel in accordance with
Sec. 4.1 shall be made on Customs Form 3171. (See Sec. 24.16 of this
chapter regarding pleasure vessels.) Such request for overtime services
must specify the nature of the services desired and the exact times when
they will be needed, unless a term special license (unlimited or limited
to the service requested) has been issued (see Sec. 4.30(g)) and
arrangements are made locally so that the proper Customs officer will be
notified during official hours in advance of the rendering of the
services as to the nature of the services desired and the exact times
they will be needed. Such request shall not be approved (previously
issued term special licenses shall be revoked) unless the carrier
complies with the provisions of paragraphs (l) and (m) of Sec. 4.30
regarding terminal facilities and employee lists, respectively, and the
required cash deposit or bond, on Customs Form 301, containing the bond
conditions set forth in Sec. 113.64 of this chapter, has been received.
Separate bonds shall be required if overtime services are requested by
different principals.
[T.D. 72-189, 37 FR 13975, July 15, 1972, as amended by T.D. 84-213, 49
FR 41163, Oct. 19, 1984; T.D. 92-74, 57 FR 35751, Aug. 11, 1992]
Sec. 4.11 Sealing of stores.
Upon the arrival of a vessel from a foreign port, or a vessel
engaged in the foreign trade from a domestic port, sea stores and ship's
stores not required for immediate use or consumption on board while the
vessel is in port and articles acquired abroad by officers and
[[Page 16]]
members of the crew, for which no permit to land has been issued, shall
be placed under seal, unless the Customs officer is of the opinion that
the circumstances do not require such action. Customs inspectors in
charge of the vessel, from time to time, as in their judgment the
necessity of the case requires, may issue stores from under seal for
consumption on board the vessel by its passengers and crew. (See
Sec. 4.39.)
Sec. 4.12 Explanation of manifest discrepancy.
(a)(1) Vessel masters or agents shall notify the port director on
Customs Form 5931 of shortages (merchandise manifested, but not found)
or overages (merchandise found, but not manifested) of merchandise.
(2) Shortages shall be reported to the port direct by the master or
agent of the vessel by endorsement on the importer's claim for shortage
on Customs Form 5931 as provided for in Sec. 158.3 of this chapter, or
within 60 days after the date of entry of the vessel, whichever is
later. Satisfactory evidence to support the claim of nonimportation or
of proper disposition or other corrective action (see Sec. 4.34) shall
be obtained by the master or agent and shall be retained in the
carrier's file for one year.
(3) Overages shall be reported to the port director within 60 days
after the date of entry of the vessel by completion of a post entry or
suitable explanation of corrective action (see Sec. 4.34) on the Customs
Form 5931.
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\24-27\ [Reserved]
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(4) The port director shall immediately advise the master or agent
of those discrepancies which are not reported by the master or agent.
Notification may be in any appropriate manner, including the furnishing
of a copy of Customs Form 5931 to the master or agent. The master or
agent shall satisfactorily resolve the matter within 30 days after the
date of such notification, or within 60 days after entry of the vessel,
whichever is later.
(5)(a) Unless the required notification and explanation is made
timely and the port director is satisfied that the discrepancies
resulted from clerical error or other mistake and that there has been no
loss of revenue (and in the case of a discrepancy not initially reported
by the master or agent that there was a valid reason for failing to so
report), applicable penalties under section 584, Tariff Act of 1930, as
amended (19 U.S.C. 1584), shall be assessed (see Sec. 162.31 of this
chapter). For purposes of this section, the term ``clerical error'' is
defined as a non-negligent, inadvertent, or typographical mistake in the
preparation, assembly, or submission (electronically or otherwise) of
the manifest. However, repeated similar manifest discrepancies by the
same parties may be deemed the result of negligence and not clerical
error or other mistake. For the purpose of assessing applicable
penalties, the value of the merchandise shall be determined as
prescribed in Sec. 162.43 of this chapter. The fact that the master or
owner had no knowledge of a discrepancy shall not relieve him from the
penalty.
(b) Except as provided in paragraph (c) of this section, a
correction in the manifest shall not be required in the case of bulk
merchandise if the port director is satisfied that the difference
between the manifested quantity and the quantity unladen, whether the
difference constitutes an overage or a shortage, is an ordinary and
usual difference properly attributable to absorption of moisture,
temperature, faulty weighing at the port of lading, or other similar
reason. A correction in the manifest shall not be required because of
discrepancies between marks or numbers on packages of merchandise and
the marks or numbers for the same packages as shown on the manifest of
the importing vessel when the quantity and description of the
merchandise in such packages are correctly given.
(c) Manifest discrepancies (shortages and overages) of petroleum and
petroleum products imported in bulk shall be reported on Customs Form
5931, if the discrepancy exceeds one percent.
[T.D. 80-142, 45 FR 36383, May 30, 1980, as amended by T.D. 99-64, 64 FR
43265, Aug. 10, 1999]
Sec. 4.13 Alcoholic liquors on vessels of not over 500 net tons.
(a) When a vessel of not over 500 net tons which arrives from a
foreign port or a hovering vessel has on board any
[[Page 17]]
alcoholic liquors, a certificate respecting the importation of any
spirits, wines, or other alcoholic liquors on board, other than sea
stores, shall be delivered to the appropriate Customs officer with the
inward foreign manifest. Each such certificate shall consist of a
declaration of the master of the vessel, together with the certificate
of a consular officer of the United States or other authorized person,
and shall cover only one shipment from one consignor to one consignee or
firm of consignees. The document shall be in substantially the following
form:
Declaration of Master and Certificate Covering Shipment of Spirits,
Wines, or Other Alcoholic Liquors on a Vessel of 500 Net Tons or Less
(19 U.S.C. 1707)
Declaration of Master. I declare that the following merchandise is
being shipped in accordance with the facts here stated as true and
correct to the best of my information and belief:
Date of shipment:_______________________________________________________
Marks, numbers, and quantities:_________________________________________
Port of arrival:________________________________________________________
Consignor:______________________________________________________________
Full description of goods:______________________________________________
Consignee:______________________________________________________________
_______________________________________________________________________
(Signature)
Master of the___________________________________________________________
(Name of vessel)
_______________________________________________________________________
(Port of shipment)
------------------ 19--
(Date)
(Use whichever alternative applies:)
Certificate of Consular Officer. I certify that the above
declaration was this day produced and signed before me by the individual
whose signature appears, that I am satisfied he is the person he
represents himself to be, that I have delivered one copy hereof to him,
and that I have retained a copy in my files.
Service number not required.____________________________________________
(Post)
Tariff item No. 58(a) (no fee)._________________________________________
(Date)
[consular
impression
seal]
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Title)
Certificate of Other Authorized Person. I certify that I have been
designated by letter of ------------, 19--, from (insert name of
Officer), American (title) at (place), to provide certifications upon
declarations made by masters under Sec. 7 of the Anti-Smuggling Act of
1935 (19 U.S.C. 1707), that the above declaration was this day produced
and signed before me by the individual whose signature appears, that I
am satisfied he is the person he represents himself to be, that I have
no interest in the shipment described, that I have delivered one copy
hereof to the person making the declaration, and that I have forwarded
one copy to the American (Embassy, Consulate General, Consulate) at
(place).
_______________________________________________________________________
(Port of shipment)
------------------ 19--(Date)
[seal not
required]
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Title)
The provisions of this paragraph, read together with those of Sec. 91.4,
title 22, Code of Federal Regulations, constitute the joint regulations
contemplated for issuance by the Secretary of State and the Secretary of
the Treasury under section 1707, title 19, United States Code.
(b) When any shipment of spirits, wines, or other alcoholic liquors
found on board a vessel not exceeding 500 net tons is not accompanied by
a certified declaration as described in paragraph (a) of this section
but is shown to have a bona fide destination outside the United States,
the master shall furnish a landing bond on Customs Form 301, containing
the bond conditions relating to international carriers set forth in
Sec. 113.64 of this chapter in an amount equal to twice the potential
duty liability with an authorized corporate surety.
(c) The condition of the landing bond shall be satisfied by the
delivery to the port director within 6 months from the date of the bond
of a landing certificate or certificates of a revenue officer of the
country of destination showing that all the alcoholic liquors have been
landed at their foreign destination.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 67-201, 32 FR 12557,
Aug. 30, 1967; 32 FR 12750, Sept. 6, 1967; T.D. 84-213, 49 FR 41163,
Oct. 19, 1984; T.D. 92-74, 57 FR 35751, Aug. 11, 1992]
[[Page 18]]
Sec. 4.14 Foreign equipment purchases by, and repairs to, American vessels.
(a) Dutiability of foreign repairs and equipment purchases--(1)
Items subject to duty. The equipment, or any part thereof, including
boats, purchased for, or the repair parts or materials to be used, or
the expenses for repairs made, including the cost of labor incurred,
outside the United States, upon any vessel documented under the laws of
the United States with a registry, coastwise trade license, or Great
Lakes license endorsement, or intended to be employed in such trade, are
dutiable at the rate of 50 percent ad valorem on the actual cost in the
country where the items are purchased or the repairs are made. Liability
for declaration, entry, and payment of duties accrues at the time of the
first arrival of the vessel in a port of the United States. For the
purposes of this section, equipment, repair parts or materials
purchased, or repairs made, in American Samoa, the Guantanamo Bay Naval
Station, Guam, Puerto Rico, or the U.S. Virgin Islands are not
considered to have been purchased or made outside the United States.
(2) Dutiable costs on specific types of vessels--(i) Fishing
vessels. Documented vessels of the United States with a fishery license
endorsement having a permit to touch and trade (see Sec. 4.15) and
documented vessels with a fishery license endorsement which lack a
permit to touch and trade are subject to this section.
(ii) Government-owned or chartered vessels. Vessels owned or
chartered by the United States Government, if documented with a
registry, coastwise trade, or Great Lakes trade endorsement, or if
undocumented, intended to engage in foreign, coastwise or Great Lakes
trade, are subject to this section. See paragraph (b)(2)(i) of this
section with respect to entry procedures for Government vessels.
(iii) Vessels outside U.S. for two years or more--(A) Requirements
for declaration and entry of dutiable items. If a vessel which is
documented with a registry, coastwise trade, or Great Lakes trade
endorsement is operated in international or foreign waters two years or
more after its last departure from the U.S., the only dutiable items are
fish nets and nettings whenever purchased and any other items purchased
or repairs made during the first six months after the vessel's last
departure from the U.S. Under these circumstances, only those items
(with the exception of fish nets and nettings) purchased and repairs
made outside the U.S. during the first six months after the vessel's
last departure from the U.S. shall be declared and entered. Fish nets
and netting purchased or repaired outside the U.S. shall be declared and
entered whether or not purchased or repaired during the first six months
after departure.
(B) Exception. The provisions of Sec. 4.14(a)(2)(iii)(A) do not
apply to a vessel designed and used primarily for transporting
passengers and property if such vessel departed the U.S. for the sole
purpose of obtaining equipment, parts, materials, or repairs.
(iv) LASH Barges. Lighter-aboard-ship (LASH) barges (see Secs. 4.81
and 4.81a) and similar vessels documented with a registry, coastwise
trade, or Great Lakes trade endorsement or, if undocumented, intended to
engage in such trade, are subject to this section.
(b) Declaration and repair entry--(1) Declaration. Upon first
arrival of the vessel in the United States, the owner or master shall
declare on Customs Form 226 all equipment, parts, or materials
purchased, and all repairs made, outside the United States. Except as
provided in Sec. 4.14(a)(2) (iii)(B), the declaration is required
regardless of the dutiable status of such items or expenses. The
declaration shall be ready for production on demand and for inspection
by the boarding officer and shall be presented as part of the original
manifest when formal entry of the vessel is made. Estimated duties shall
be deposited or a bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.64 of this chapter shall be filed
before the departure of the vessel, except as provided in paragraph
(b)(2)(i) of this section. The amount of the bond shall be determined by
the port director as provided in Sec. 113.13 of this chapter. See
paragraph (g) of this section for applicable penalties.
[[Page 19]]
(2) Entry. All equipment, parts, or materials purchased for, and all
repairs made outside the United States to, any vessel subject to the
provisions of this section shall be entered on Customs Form 226 by the
master or owner of the vessel. The entry shall be filed with the
appropriate Customs officer at the port of first arrival within five
working days after arrival. The Customs officer with whom the entry is
filed shall forward it to the appropriate vessel repair liquidation
unit. The party filing the entry shall mark it to indicate whether it is
a full and complete account or an incomplete account. See paragraph (g)
of this section for applicable penalties.
(i) Entry procedures for vessels owned or chartered by the United
States. Whenever the appropriate Customs officer determines that a
Government-owned or chartered vessel subject to the provisions of this
section (see paragraph (a)(2)(ii)) is being operated by an agency of the
United States, or that a Government-owned or chartered vessel is being
operated by a private party for an agency of the United States under an
agreement that obligates the Government agency to pay any duty on the
costs of repairs or purchases, the vessel shall be allowed to depart the
port of first arrival without depositing estimated duties or furnishing
a bond to cover estimated duties. In all other cases, the vessel shall
be treated as though privately owned.
(ii) Time period for submitting evidence of cost. Whenever a repair
entry is submitted as a full and complete account, the entry papers
shall include evidence showing the cost of each item listed on the
entry. If a repair entry is submitted as an incomplete account, the
evidence must be submitted within 90 days from the date of the vessel's
arrival, except that evidence of estimated foreign shipyard cost in the
possession of or known to the vessel operator must be submitted at the
time entry is made. If before the end of the 90-day period, the party
that is required to furnish the evidence of cost submits a written
request for an extension of time beyond the 90-day period, together with
a satisfactory explanation of the delay, to the appropriate vessel
repair liquidation unit, that unit may grant an additional 30-day
extension of time to submit cost evidence. Any request for a further
extension of time to furnish evidence of cost shall be submitted to the
appropriate vessel repair liquidation unit, which shall transmit the
request to Headquarters, U.S. Customs Service, Attention: Entry
Procedures and Carriers Branch, for approval. If the costs shown on the
complete account differ from the costs declared on the entry, the
appropriate Customs officer may permit amendment of the entry.
(A) Investigation to obtain evidence. If the required evidence is
not furnished timely, or is of doubtful authenticity, the appropriate
vessel repair liquidation unit shall use all available means to obtain
the necessary information and may refer the matter to the Office of
Investigations. If an investigation is conducted, the Office of
Investigations shall obtain all available evidence on the cost of the
repairs and any evidence with respect to the reason for the party's
failure to submit the evidence in a timely fashion.
(B) Concurrent time period for submission of costs and filing
application for relief. The 90-day time period to submit evidence of
cost on the entry is concurrent with the 90-day time period to submit an
application for relief under paragraph (d)(1)(ii) of this section and
will not operate to provide additional time to submit an application for
relief. A request for additional time to submit evidence of cost may
include a request for additional time to submit an application for
relief.
(c) Remission or refund of duty--(1) Vessel repair liquidation
units. Vessel Repair Liquidation Units (VRLUs) are located in New York,
New York; New Orleans, Louisiana; and San Francisco, California. The New
York unit processes and liquidates vessel repair entries filed at ports
on the Great Lakes and on the Atlantic Coast of the U.S. north of, but
not including Norfolk, Virginia. The New Orleans unit processes and
liquidates vessel repair entries filed at ports on the Atlantic Coast of
the U.S. from Norfolk, Virginia, southward, and all U.S. ports on the
Gulf of Mexico, including ports in Puerto Rico. The San Francisco unit
processes and liquidates vessel repair entries filed at all ports on the
Pacific
[[Page 20]]
Coast of the U.S., including those in Alaska and Hawaii. After entries
are processed and liquidated, bulletin notices of liquidation are
returned to original ports of entry for posting.
(2) Authority. In cases in which both clearly applicable
Headquarters precedent exists, and the resulting refund or remission of
duty will be less than $50,000, the proper VRLU may approve or deny
Applications for Relief. In cases in which clearly applicable precedent
does not exist, or the resulting refund or remission will be $50,000 or
greater, the Application for Relief will be referred for action to the
Entry and Carrier Rulings Branch, Customs Headquarters.
(3) Basis for remission or refund. Remission or refund of duty is
authorized if good and sufficient evidence is furnished which shows any
of the following circumstances exist:
(i) Stress of weather or other casualty. The vessel, while in the
regular course of its voyage, was compelled, by stress of weather or
other casualty, while outside the United States, to purchase such
equipment or make such repairs, to secure the safety and seaworthiness
of the vessel to enable it to reach its port of destination in the
United States. However, only the duty on the cost of the minimal repairs
needed for the safety and seaworthiness of the vessel is subject to
remission or refund. For the purposes of this section, the term
``casualty'' does not include any purchases or repairs necessitated by
ordinary wear and tear, but does include a part's failure to function if
satisfactory evidence shows that the specific part was repaired or
serviced immediately before starting the voyage from the United States
port and that the part failed to function within six months of such
repair or servicing.
(ii) United States parts and equipment installed with American
labor. The equipment, equipment parts, repair parts or materials used on
the vessel were manufactured or produced in the United States and
purchased by the owner of the vessel in the United States, and the labor
necessary to install such equipment or to make such repairs was
performed by residents of the United States or by members of the regular
crew of the vessel.
(iii) Dunnage. The equipment, equipment parts, materials or labor
were used as dunnage for cargo, or for the packing or shoring thereof,
or in the erection of temporary bulkheads or other similar devices for
the control of bulk cargo, or in the preparation (without permanent
repair or alteration) of tanks for the carriage of liquid cargo.
(d) Procedure for remission or refund of duties--(1) Application for
relief--(i) Form and contents. The application for relief need not be in
any particular form. The application for relief should allege that an
item or a repair expense covered by the entry is not subject to duty
under paragraph (a) of this section, or that the articles purchased or
the repair expenses are within the provisions of paragraph (c) of this
section, or that both conditions are present. The application for relief
also shall certify that all foreign equipment, parts, or materials
purchased for, and all foreign repairs made to, the vessel within one
year immediately preceding the application have been declared as
required by this section, or the application shall be deemed incomplete.
The application for relief shall be signed by the master, owner, or
operator of the vessel, or their authorized agent. If the application
for relief is filed by a corporation, it shall be signed by an
authorized corporate officer.
(ii) Place and time of filing. The application for relief shall be
filed with the appropriate Customs officer at the port where the vessel
repair entry was made or with the appropriate vessel repair liquidation
unit (see paragraph (c)(1) of this section). If filed at the port where
the entry was made, the Customs officer who receives the application
shall promptly forward it, together with his comments, if any, to the
appropriate vessel repair liquidation unit. The application for relief,
with supporting evidence, shall be filed within 90 days from the date of
first arrival of the vessel. However, if good cause is shown, the
appropriate vessel repair liquidation unit may authorize one 30-day
extension of time to file beyond the 90-day filing period.
(iii) Supporting evidence. Unless such evidence is already filed
with Customs, each application for relief shall include
[[Page 21]]
duplicate copies of the following evidence, in addition to any other
documents the applicant wishes to submit in support of the application:
(A) All itemized bills, receipts, and invoices covering items
specified in paragraph (a)(1) of this section, segregating the cost of
those items for which relief is sought from all other items listed in
the vessel repair entry.
(B) Full and complete photocopies of the relevant parts of the
vessel's logs.
(C) Photocopies of any American Bureau of Shipping or other
classification society report of the cause and type of damage and the
nature of the remedial action taken, together with photocopies of any
certifications of seaworthiness.
(D) A certification by the master or other responsible vessel
officer with personal knowledge of the facts relating to the relief
sought, including, but not limited to, details of the claimed stress of
weather or other casualty, when and where it occurred, the damages due
to such stress of weather or other casualty, and the place and date
where the vessel was repaired or the equipment for the vessel was
purchased.
(E) A certification by the master as to whether the repairs or
equipment purchases were necessary for the safety and seaworthiness of
the vessel to enable it to reach its port of destination in the United
States.
(F) A written description of the circumstances involved by the
master or other responsible vessel officer having knowledge of the facts
when remission or refund is sought under the provisions of paragraph
(c)(3)(ii) (relating to the use of American equipment and labor) or
(c)(3)(iii) (relating to dunnage) of this section.
(G) In the case of LASH barges and similar unmanned vessels, the
evidence required in paragraphs (d)(1)(iii) (B), (D), (E), and (F) of
this section may be omitted, and in lieu thereof, the owner or operator
of each vessel shall submit evidence showing that: (1) The vessel was
inspected immediately prior to its lading aboard the vessel which
transported it to a foreign port on the voyage in which the damage
occurred, (2) the vessel was then found to be in seaworthy condition,
(3) the damage was discovered during the course of the foreign voyage,
and (4) the repairs were necessary for the safety and seaworthiness of
the vessel to enable it to reach its port of destination in the United
States.
(iv) Documentary evidence. All documents submitted in support of an
application must be certified by the master or owner of the vessel to be
originals or copies of originals. If a vessel is owned or operated by a
corporation, the master or an authorized corporate officer shall certify
the documents. Documents in a foreign language shall be accompanied by
an English translation that is certified for accuracy by the translator.
(v) Action. Within 60 days after receipt of an application for
relief by a vessel repair liquidation unit, the appropriate vessel
repair liquidation unit shall either approve or deny the application for
relief or forward it to Headquarters, U.S. Customs Service, Attention:
Entry Procedures and Carriers Branch, for advice, as provided in
paragraph (c)(2) of this section. The appropriate vessel repair
liquidation unit shall give prompt written notice of any final decision
to the party who submitted the application. The notice shall advise the
party of its right to petition for review of the decision under
paragraph (d)(2) of this section. If the entry has been liquidated,
reliquidation is required.
(vi) Suspension of liquidation. If an application for relief has
been filed within the time period provided in paragraph (d)(1)(ii) of
this section, liquidation of the vessel repair entry shall be suspended
until 30 days after the date of the written notice provided for in
paragraph (d)(1)(v) of this section.
(2) Petition for review on a denial of an application for relief--
(i) Form. If an applicant is dissatisfied with the decision on its
application for relief, the applicant may file a petition for review of
that decision. The petition for review need not be in any particular
form. The petition for review must identify the decision on the
application for relief and must detail the exceptions taken to that
decision. The petition shall be signed by the master, owner, or operator
of the vessel, or their authorized agent. If the petition for review is
filed
[[Page 22]]
by a corporation, it must be signed by a duly authorized corporate
officer.
(ii) Place and time of filing. The petition for review shall be
addressed to the Commissioner of Customs and shall be filed with the
appropriate vessel repair liquidation unit within 30 days after the date
of the written notice to the party of the decision on the application
for relief, as provided in paragraph (d)(1)(v) of this section. However,
if good cause is shown, the appropriate vessel repair liquidation unit
may authorize one additional 30-day extension of time.
(iii) Action. The appropriate vessel repair liquidation unit
promptly shall transmit a copy of the petition for review, any comments
and recommendations he may have on the petition for review, and the
entire file on the application for relief to Headquarters, U.S. Customs
Service, Attention: Entry Procedures and Carriers Branch, for decision.
After notification of the decision by Headquarters, the appropriate
vessel repair liquidation unit shall give written notification of that
decision to the party who filed the petition for review. The notice will
inform the party that no further suspension of liquidation will be
permitted.
(iv) Suspension of liquidation. If an original petition for review
is filed within the time provided for in paragraph (d)(2)(ii) of this
section, liquidation of the vessel repair entry shall be suspended
further until the vessel repair liquidation unit notifies the party who
filed the petition of the decision on the petition. Following
notification of the Headquarters decision to the party who filed the
petition, the vessel repair liquidation unit shall promptly initiate
liquidation of the entry in accordance with that decision.
(e) Liquidation of vessel repair entries, time limits. If evidence
of cost is available and the appropriate vessel repair liquidation unit
receives written notification from the master, owner, or operator of the
vessel, or their authorized agent, that an application for relief will
not be filed, the vessel repair liquidation unit promptly shall initiate
liquidation of the entry. In all other cases in which the evidence of
cost is available, the entry may be liquidated 60 days after arrival of
the vessel, or at the expiration of any extension of time granted under
paragraph (b)(2)(ii) of this section to furnish evidence of cost, unless
an application for relief is filed timely as provided in paragraph
(d)(1)(ii) of this section. If an application for relief is filed
timely, the vessel repair entry may be liquidated 30 days after the date
of the written notice to the party who filed the application for relief,
as provided in paragraph (d)(1)(v), unless a petition for review is
filed timely under paragraph (d)(2)(ii) of this section. If a petition
for review is filed timely, the vessel repair entry may be liquidated
after the date of the notification of the decision on the petition to
the party who filed the petition.
(f) Protests. Following liquidation of an entry, a protest under
part 174 of this chapter may be filed against the decision to treat an
item or a repair as dutiable under paragraph (a) of this section, or
against the decision denying the remission or refund of vessel repair
duties under paragraph (c) of this section.
(g) Penalties--(1) Failure to report, enter, or pay duty. If the
owner or master of a vessel subject to the provisions of paragraph (a)
of this section willfully or knowingly neglects or fails to report, make
entry, and pay duties as required, or if he makes any false statement in
respect of the purchases or repairs described in this section without
reasonable cause to believe the truth of the statements, or aids or
procures the making of any false statement as to any material matter
without reasonable cause to believe the truth of the statement, the
vessel, with its tackle, apparel, and furniture, or a monetary amount up
to the value thereof as determined by the Secretary of the Treasury, to
be recovered from the owner, shall be subject to seizure and forfeiture.
(2) False declaration. If any person required to file a declaration
on Customs Form 226, by paragraph (b)(1) of this section, or to file an
entry on Customs Form 226, by paragraph (b)(2) of this section,
willfully and knowingly provides any false information, or willfully and
knowingly omits any required information, that person shall
[[Page 23]]
be subject to the criminal penalties provided for in 18 U.S.C. 1001.
[T.D. 80-237, 45 FR 64565, Sept. 30, 1980, as amended by T.D. 82-227, 47
FR 54065, Dec. 1, 1982; T.D. 83-214, 48 FR 46511, Oct. 13, 1983; T.D.
84-149, 49 FR 28698, July 16, 1984; T.D. 84-213, 49 FR 41163, Oct. 19,
1984; T.D. 85-123, 50 FR 29952, July 23, 1985; T.D. 91-77, 56 FR 46114,
Sept. 10, 1991; T.D. 93-57, 58 FR 39655, July 26, 1993; T.D. 93-65, 58
FR 44128, Aug. 19, 1993; T.D. 93-66, 58 FR 44130, Aug. 19, 1993; T.D.
94-41, 59 FR 18481, Apr. 19, 1994; T.D. 95-77, 60 FR 50010, Sept. 27,
1995; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
Sec. 4.15 Fishing vessels touching and trading at foreign places.
(a) Before any vessel documented with a fishery license endorsement
shall touch and trade at a foreign port or place, the master shall
obtain from the port director a permit on Customs Form 1379 to touch and
trade.
When a fishing vessel departs from the United States and there is an
intent to stop at a foreign port (1) to lade vessel equipment which was
preordered, (2) to purchase and lade vessel equipment, or (3) to
purchase and lade vessel equipment to replace existing vessel equipment,
the master of the vessel must either clear for that foreign port or
obtain a permit to touch and trade, whether or not the vessel will
engage in fishing on that voyage.28 Purchases of such
equipment, whether intended at the time of departure or not, are subject
to declaration, entry, and payment of duty pursuant to section 466 of
the Tariff Act of 1930, as amended (19 U.S.C. 1466). The duty may be
remitted if it is established that the purchases resulted from stress of
weather or other casualty.
---------------------------------------------------------------------------
\28\ If such a vessel puts into a foreign port or place and only
obtains bunkers, stores, or supplies suitable for a fishing voyage, it
is not considered to have touched and traded there. Fish nets and
netting are considered vessel equipment and not vessel supplies.
29-61 [Reserved]
---------------------------------------------------------------------------
(b) Upon the arrival of a documented vessel with a fishery
endorsement which has put into a foreign port or place, the master shall
report its arrival, make entry, and conform in all respects to the
regulations applicable in the case of a vessel arriving from a foreign
port.
(c) If a vessel which has been granted a permit to touch and trade
arrives at a port in the United States, whether or not the vessel has
touched at a foreign port or place, such permit shall forthwith be
surrendered to the port director.
(d) No permit to touch and trade shall be issued to a vessel which
does not have a Certificate of Documentation with a fishery license
endorsement.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-28, 42 FR 3161, Jan.
17, 1977; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 94-24, 59 FR
13200, Mar. 21, 1994; T.D. 95-77, 60 FR 50010, Sept. 27, 1995]
Sec. 4.16 [Reserved]
Sec. 4.17 Vessels from discriminating countries.
The prohibition against imports in, and the penalty of forfeiture
of, certain vessels from countries which discriminate against American
vessels provided for in subsections 2 and 3 of paragraph J, section IV,
Tariff Act of 1913, as amended by the act of March 4, 1915 (19 U.S.C.
130, 131), shall be enforced only in pursuance of specific instructions
issued and published from time to time by the Secretary of the Treasury
or such other officer as the Secretary may designate. (See also
Secs. 4.20(c) and 159.42 of this chapter.)
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 73-175, 38 FR 17444,
July 2, 1973]
Tonnage Tax and Light Money
Sec. 4.20 Tonnage taxes.
(a) Except as specified in Sec. 4.21, a regular tonnage tax or duty
of 9 cents per net ton, not to exceed in the aggregate 45 cents per net
ton in any 1 year, shall be imposed at each entry on all vessels which
shall be entered in any port of the United States from any foreign port
or place in North America, Central America, the West Indies, the Bahama
Islands, the Bermuda Islands, the coast of South America bordering on
the Caribbean Sea (considered to include the mouth of the Orinoco
River), or the high seas adjacent to the U.S. or the above listed
foreign locations, and on all vessels (except vessels of the U.S.,
recreational vessels, and barges,
[[Page 24]]
as defined in Sec. 2101 of Title 46) that depart a U.S. port or place
and return to the same port or place without being entered in the United
States from another port or place, and regular tonnage tax of 27 cents
per net ton, not to exceed $1.35 cents per net ton per annum, shall be
imposed at each entry on all vessels which shall be entered in any port
of the United States from any other foreign port. In determining the
port of origin of a voyage to the United States and the rate of tonnage
tax, the following shall be used as a guide:
(1) When the vessel has proceeded in ballast from a port to which
the 27-cent rate is applicable to a port to which the 9-cent rate
applies and there has laden cargo or taken passengers, tonnage tax upon
entry in the United States shall be assessed at the 9-cent rate.
(2) The same rate shall be applied in a case in which the vessel has
transported cargo or passengers from a 27-cent port to a 9-cent port
when all such cargo or passengers have been unladen or discharged at the
9-cent port, without regard to whether the vessel thereafter has
proceeded to the United States in ballast or with cargo or passengers
laden or taken on board at the 9-cent port.
(3) The 27-cent rate shall be applied when the vessel proceeds from
a 9-cent port to a 27-cent port en route to the United States under
circumstances similar to paragraph (a) (1) or (2) of this section.
(4) If the vessel arrives in the United States with cargo or
passengers taken at two or more ports to which different rates are
applicable, tonnage tax shall be collected at the higher rate.
(b) The tonnage year shall be computed from the date of the first
entry of the vessel concerned, without regard to the rate of the payment
made at that entry, and shall expire on the day preceding the
corresponding date of the following year. There may be 5 payments at the
maximum (27 cent) and 5 at the minimum (9-cent) rate during a tonnage
year, so that the maximum assessment of tonnage duty may amount to $1.80
per net ton for the tonnage year of a vessel engaged in alternating
trade.
(c) A vessel shall also be subject on every entry from a foreign
port or place, whether or not regular tonnage tax is payable on the
particular entry, to the payment of a special tonnage tax and to the
payment of light money at the rates and under the circumstances
specified in the following table:
----------------------------------------------------------------------------------------------------------------
Rate per net ton
---------------------------------------
Classes of vessels Special Light
Regular tax tax money
----------------------------------------------------------------------------------------------------------------
Vessels of the United States:
1. Under provisional register, without regard to citizenship of $0.09 or $0.27 .......... ..........
officers.............................................................
2. All others:
(i) If all the officers are citizens................................ .09 or .27 .......... ..........
(ii) If any officer is not a citizen................................ .09 or .27 \1\ 0.50 \1\ .50
Undocumented vessels which are owned by citizens \2\.................... .09 or .27 .50 \3\ .50
Foreign vessels:
1. Of nations whose vessels are exempted from special tax or light .09 or .27 .......... ..........
money................................................................
2. All others:
(i) Built in the U.S................................................ .09 or .27 .30 .50
(ii) Not built in the U.S........................................... .09 or .27 .50 .50
(iii) In addition to (i) or (ii) of 2., Foreign Vessels, when .09 or .27 \4\ 2.00 \4\ .50
entering from a foreign port or place where vessels of the U.S. are
not ordinarily permitted to enter and trade \3\a...................
----------------------------------------------------------------------------------------------------------------
\1\ This does not apply on the first arrival of a vessel in a port of the United States from a foreign or
intercoastal voyage if all the officers who are not citizens are below the grade of master and are filling
vacancies which occurred on the voyage.
\2\ This special tax and light money do not apply if the vessel is documented as a vessel of the United States
before leaving the port.
\3\ This does not apply if the vessel is under a certificate of protection and the owner or master files with
the port director the oath required by 46 U.S.C. App. 129. An unrecorded bill of sale is not such a document
as will exempt a vessel from the payment of light money under 46 U.S.C. App. 128, and the recording of such
bill of sale after the arrival of the vessel is not sufficient to relieve it from the payment of the tax.
\3\a The Democratic People's Republic of Korea (North Korea), does not ordinarily permit vessels of the United
States to enter and trade.
\4\ This is to be collected on each entry of a vessel from such a port or place.
[[Page 25]]
(d) Tonnage tax shall be imposed upon a vessel even though she
enters a port of the United States only for orders.
(e) The fact that a vessel passes through the Panama Canal does not
affect the rate of tonnage tax otherwise applicable to the vessel.
(f) For the purpose of computing tonnage tax, the net tonnage of a
vessel stated in the vessel's marine document shall be accepted unless
(1) such statement is manifestly wrong, in which case the net tonnage
shall be estimated, pending admeasurement of the vessel, or the tonnage
reported for her by any recognized classification society may be
accepted, or (2) an appendix is attached to the marine document showing
a net tonnage ascertained under the so-called ``British rules'' or the
rules of any foreign country which have been accepted as substantially
in accord with the rules of the United States, in which case the tonnage
so shown may be accepted and the date the appendix was issued shall be
noted on the tonnage tax certificate, Customs Form 1002, and on the
Vessel Entrance or Clearance Statement, Customs Form 1300. For the
purpose of computing tonnage tax on a vessel with a tonnage mark and
dual tonnages, the higher of the net tonnages stated in the vessel's
marine document or tonnage certificate shall be used unless the Customs
officer concerned is satisfied by report of the boarding officer,
statement or certificate of the master, or otherwise that the tonnage
mark was not submerged at the time of arrival. Whether the vessel has a
tonnage mark, and if so, whether the mark was submerged on arrival,
shall be noted on Customs Form 1300 by the boarding officer.
(g) The decision of the Commissioner of Customs is the final
administrative decision on any question of interpretation relating to
the collection of tonnage tax or to the refund of such tax when
collected erroneously or illegally, and any question of doubt shall be
referred to him for instructions.
(h) Any person adversely affected by a decision of the Commissioner
of Customs relating to the collection of tonnage tax, or to the refund
of such tax when collected erroneously or illegally, may appeal the
decision in the Court of International Trade provided that the appeal
action is commenced in accordance with the rules of the Court within 2
years after the cause of action first accrues.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 71-169, 36 FR 12603,
July 2, 1971; T.D. 75-110, 40 FR 21027, May 15, 1975; T.D. 76-280, 41 FR
42647, Sept. 28, 1976; T.D. 79-276, 44 FR 61956, Oct. 29, 1979; T.D. 82-
145, 47 FR 35475, Aug. 16, 1982; T.D. 85-91, 50 FR 21429, May 24, 1985;
T.D. 85-90, 50 FR 21430, May 24, 1985; T.D. 93-12, 58 FR 13196, Mar. 10,
1993; T.D. 95-76, 60 FR 48028, Sept. 18, 1995; T.D. 97-82, 62 FR 51769,
Oct. 3, 1997; T.D. 00-22, 65 FR 16515, Mar. 29, 2000]
Sec. 4.21 Exemptions from tonnage taxes.
(a) Tonnage taxes and light money shall be suspended in whole or in
part whenever the President by proclamation shall so direct.
(b) The following vessels, or vessels arriving in the circumstances
as defined below, shall be exempt from tonnage tax and light money:
(1) It comes into port for bunkers (including water), sea stores, or
ship's stores; transacts no other business in the port; and departs
within 24 hours after its arrival.
(2) It arrives in distress, even though required to enter.
(3) It is brought into port by orders of United States naval
authorities and transacts no business while in port other than the
taking on of bunkers, sea stores, or ship's stores.
(4) It is a vessel of war or other vessel which is owned by, or
under the complete control and management of the United States or the
government of a foreign country, and which is not carrying passengers or
merchandise in trade or, if in ballast, which is not arriving from a
foreign port during the usual course of its employment as a vessel
engaged in trade.
(5) It is a yacht or other pleasure vessel not carrying passengers
or merchandise in trade.
(6) It is engaged exclusively in scientific activities.
(7) It is engaged exclusively in laying or repairing cables.
(8) It is engaged in whaling or other fisheries, even though it may
have entered a foreign port for fuel or supplies,
[[Page 26]]
if it did not carry passengers or merchandise in trade.
(9) It is a passenger vessel making three trips or more a week
between a port of the United States and a foreign port.
(10) It is used exclusively as a ferry boat, including a car ferry.
(11) It is a tug with a Great Lakes license endorsement on its
vessel document, when towing vessels which are required to make entry.
(12) It is a documented vessel with a Great Lakes license
endorsement which has touched at an intermediate foreign port or ports
during a coastwise voyage.
(13) It enters otherwise than by sea from a foreign port at which
tonnage or lighthouse duties or equivalent taxes are not imposed on
vessels of the United States (applicable only where the vessel arrives
from a port in the province of Ontario, Canada).
(14) It is a coastwise-qualified vessel solely engaged in the
coastwise trade (although arriving from a foreign port or place, it is
engaged in the transportation of merchandise or passengers, or the
towing of a vessel other than a vessel in distress, between points in
the U.S. via a foreign point) (see Secs. 4.80, 4.80a, 4.80b, and 4.92).
(15) It is a vessel entering directly from the Virgin Islands
(U.S.), American Samoa, the islands of Guam, Wake, Midway, Canton, or
Kingman Reef, or Guantanamo Bay Naval Station.
(16) It is a vessel making regular daily trips between any port of
the United States and any port in Canada wholly upon interior waters not
navigable to the ocean, except that such a vessel shall pay tonnage
taxes upon her first arrival in each calendar year.
(17) It is a vessel arriving at a port in the United States which,
while proceeding between ports in the United States, touched at a
foreign port under circumstances which would have exempted it from
making entry under section 441(4), Tariff Act of 1930, as amended (19
U.S.C. 1441(4)), had it touched at a United States port.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 72-264, 37 FR 20317,
Sept. 29, 1972; T.D. 75-110, 40 FR 21027, May 15, 1975; T.D. 75-206, 40
FR 34586, Aug. 18, 1975; T.D. 79-276, 44 FR 61956, Oct. 29, 1979; T.D.
83-214, 48 FR 46512, Oct. 13, 1983; T.D. 93-12, 58 FR 13197, Mar. 10,
1993]
Sec. 4.22 Exemptions from special tonnage taxes.
Vessels of the following nations are exempted by treaties,
Presidential proclamations, or orders of the Secretary of the Treasury
from the payment of any higher tonnage duties than are applicable to
vessels of the United States and are exempted from the payment of light
money:
Algeria.
Antigua and Barbuda.
Arab Republic of Egypt.
Argentina.
Australia.
Austria.
Bahamas, The.
Bahrain.
Bangladesh.
Barbados.
Belgium.
Belize.
Bermuda.
Bolivia.
Brazil.
Bulgaria.
Burma.
Canada.
Chile.
Colombia.
Costa Rica.
Cuba.
Cyprus.
Czechoslovakia.
Denmark (including the Faeroe Islands).
Dominica.
Dominican Republic.
Ecuador.
El Salvador.
Estonia.
Ethiopia.
Fiji.
Finland.
France.
Gambia, The.
German Democratic Republic.
German Federal Republic.
Ghana.
Great Britain (including the Cayman Islands).
[[Page 27]]
Greece.
Greenland.
Guatemala.
Guinea, Republic of.
Guyana.
Haiti.
Honduras.
Hong Kong.
Hungarian People's Republic
Iceland.
India.
Indonesia.
Iran.
Iraq.
Ireland (Eire).
Israel.
Italy.
Ivory Coast, Republic of.
Jamaica.
Japan.
Kenya.
Korea.
Kuwait.
Latvia.
Lebanon.
Liberia.
Libya.
Luxembourg.
Malaysia.
Malta.
Marshall Islands, Republic of.
Mauritius.
Mexico.
Monaco.
Morocco.
Nauru, Republic of.
Netherlands.
Netherlands Antilles.
New Zealand.
Nicaragua.
Nigeria.
Norway.
Oman.
Pakistan.
Panama.
Papua New Guinea.
Paraguay.
People's Republic of China.
Peru.
Philippines.
Poland.
Portugal.
Qatar.
Rumania.
Saudi Arabia.
Senegal.
Singapore, Republic.
Somali, Republic.
Spain.
Sri Lanka.
St. Vincent and The Grenadines.
Surinam, Republic of.
Sweden.
Switzerland.
Syrian Arab Republic.
Taiwan.
Thailand.
Togo.
Tonga.
Tunisia.
Turkey.
Tuvalu.
Union of South Africa.
Union of Soviet Socialist Republics.
United Arab Emirates (Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah,
Sharjah, and Umm Al Qaiwain).
Uruguay.
Vanuatu, Republic of.
Venezuela.
Yugoslavia.
Zaire.
[28 FR 14596, Dec. 31, 1963]
Editorial Note: For Federal Register citations affecting Sec. 4.22,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Sec. 4.23 Certificate of payment and cash receipt.
Upon each payment of tonnage tax or light money, the master of the
vessel shall be given a certificate on Customs Form 1002 on which the
control number of the cash receipt (Customs Form 368 or 368A) upon which
payment was recorded shall be written. This certificate shall constitute
the official evidence of such payment and shall be presented upon each
entry during the tonnage year to establish the date of commencement of
the tonnage year and to insure against overpayment. In the absence of
the certificate, evidence of payment of tonnage tax shall be obtained
from the port director to whom the payment was made.
[T.D. 85-71, 50 FR 15415, Apr. 18, 1985, as amended by T.D. 92-56, 57 FR
24943, June 12, 1992]
Sec. 4.24 Application for refund of tonnage tax.
(a) The authority to make refunds in accordance with section 26 of
the Act of June 26, 1884 (46 U.S.C. 8) of regular tonnage taxes
described in Sec. 4.20(a) is delegated to the Directors of the ports
where the collections were made. If any doubt exists, the case shall
first be referred to Headquarters, U.S. Customs Service for advice.
(b) Each application for refund of regular or special tonnage tax or
light money prepared in accordance with this section shall be filed with
the Customs officer to whom payment was
[[Page 28]]
made. After verification of the pertinent facts asserted in the claim,
the application shall be forwarded with any necessary report or
recommendation to the appropriate port director. Applications for refund
of special tonnage tax and light money (see Sec. 4.20(c)) with the
reports and recommendations submitted therewith shall be forwarded by
the port director to the Commissioner of Customs for decision. Any
refund authorized by the Port Director under paragraph (a) of this
section or any refund of special tonnae tax or light money authorized by
the Commissioner of Customs shall be made by the appropriate Customs
officer. The records of tonnage tax shall be clearly noted to show each
refund authorized.
(c) The application shall be a direct request for the refund of a
definite sum, showing concisely the reasons therefor, the nationality
and name of the vessel, and the date, place, and amount of each payment
for which refund is requested. The application shall be made within 1
year from date of the payment. A protest against a payment shall not be
accepted as an application for its refund.
(d) When the application is based upon a claim that more than five
payments of regular tax at either the 2-cent or the 6-cent rate have
been made during a tonnage year, the application shall be supported by a
statement from the appropriate Customs officer at the port where the
application is submitted and from the appropriate Customs officer at
each port at which any claimed payment was made verifying the facts and
showing in each case whether refunds have been authorized.
(e) The application shall include a certificate by the owner or by
the owner's agent that payment of tonnage tax at the applicable rate has
been or will be made for each entry of the vessel on a voyage on which
that rate is applicable before the end of the current tonnage year,
exclusive of any payment which has been refunded or which may be
refunded as a result of such application.
(f) The owner or operator of the vessel involved, or other party in
interest, may file with the port Director a petition addressed to the
Commissioner of Customs for a review of the port director's decision on
an application for refund of regular tonnage tax. Such petition shall be
filed in duplicate within 30 days from the date of notice of the initial
decision, shall completely identify the case, and shall set forth in
detail the exceptions to the decision.
[T.D. 71-274, 36 FR 21025, Nov. 3, 1971, as amended by T.D. 95-77, 60 FR
50010, Sept. 27, 1995]
Landing and Delivery of Cargo
Sec. 4.30 Permits and special licenses for unlading and lading.
(a) Except as prescribed in paragraph (f), (g), or (k) of this
section or in Sec. 123.8 of this chapter, and except in the case of a
vessel exempt from entry or clearance fees under 19 U.S.C. 288, no
passengers, cargo, baggage, or other article shall be unladen from a
vessel which arrives directly or indirectly from any port or place
outside the Customs territory of the U.S., including the adjacent waters
(see Sec. 4.6 of this part), or from a vessel which transits the Panama
Canal and no cargo, baggage, or other article shall be laden on a vessel
destined to a port or place outside the Customs territory of the U.S.,
including the adjacent waters (see Sec. 4.6 of this part) if Customs
supervision of such lading is required, until the port director shall
have issued a permit or special license therefore on Customs Form 3171
or electronically pursuant to an authorized electronic data interchange
system or other means of communication approved by the Customs Service.
(1) U.S. and foreign vessels arriving at a U.S. port directly from a
foreign port or place are required to make entry, whether it be formal
or, as provided in Sec. 4.8, preliminary, before the port director may
issue a permit or special license to lade or unlade.
(2) U.S. vessels arriving at a U.S. port from another U.S. port at
which formal entry was made may be issued a permit or special license to
lade or unlade without having to make either preliminary or formal entry
at the second and subsequent ports. Foreign vessels arriving at a U.S.
port from another U.S. port at which formal entry was made may be issued
a permit or special license to lade or unlade at the second
[[Page 29]]
and subsequent ports prior to formal entry without the necessity of
making preliminary entry. In these circumstances, after the master has
reported arrival of the vessel, the port director may issue the permit
or special license or may, in his discretion, require the vessel to be
boarded, the master to make an oath or affirmation to the truth of the
statements contained in the vessel's manifest to the Customs officer who
boards the vessel, and require delivery of the manifest prior to issuing
the permit.
(b) Application for a permit or special license will be made by the
master, owner, or agent of the vessel on Customs Form 3171, or
electronically pursuant to an authorized electronic data interchange
system or other means of communication approved by the Customs Service,
and will specifically indicate the type of service desired at that time,
unless a term permit or term special license has been issued. Vessels
that arrive in a Customs port with more than one vessel carrier sharing
or leasing space on board the vessel (such as under a vessel sharing or
slot charter arrangement) are required to indicate on the CF 3171 all
carriers on board the vessel and indicate whether each carrier is
transmitting its cargo declaration electronically or is presenting it on
the Customs Form 1302. In the case of a term permit or term special
license, upon entry of each vessel, a copy of the term permit or special
license must be submitted to Customs during official hours in advance of
the rendering of services so as to update the nature of the services
desired and the exact times they will be needed. Permits must also be
updated to reflect any other needed changes including those in the name
of the vessel as well as the slot charter or vessel sharing parties. An
agent of a vessel may limit his application to operations involved in
the entry and unlading of the vessel or to operations involved in its
lading and clearance. Such limitation will be specifically noted on the
application.
(c) The request for a permit or a special license shall not be
approved (previously issued term permits or special licenses shall be
revoked) unless the carrier complies with the provisions of paragraphs
(l) and (m) of this section regarding terminal facilities and employee
lists, and the required cash deposit or bond has been filed on Customs
Form 301, containing the bond conditions set forth in Sec. 113.64 of
this chapter relating to international carriers.62 When a
carrier has on file a bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.63 of this chapter relating to basic
custodial bond conditions, no further bond shall be required solely by
reason of the unlading or lading at night or on a Sunday or holiday of
merchandise or baggage covered by bonded transportation entries.
Separate bonds shall be required if overtime services are requested by
different principals.
---------------------------------------------------------------------------
\62\ ``Before any such special license to unlade shall be granted,
the master, owner, or agent of such vessel or vehicle, or the person in
charge of such vehicle, shall be required to deposit sufficient money to
pay, or to give a bond in an amount to be fixed by the Secretary
conditioned to pay, the compensation and expenses of the customs
officers and employees assigned to duty in connection with such unlading
at night or on Sunday or a holiday, in accordance with the provisions of
section 5 of the act of February 13, 1911, as amended (U.S.C. 1952
edition, title 19 sec. 267). In lieu of such deposit or bond the owner
or agent of any vessel or vehicle or line of vessels or vehicles may
execute a bond in an amount to be fixed by the Secretary of the Treasury
to cover and include the issuance of special licenses for the unlading
of such vessels or vehicles for a period not to exceed one year. * * *''
(Tariff Act of 1930, section 451, as amended, 19 U.S.C. 1451)
63-66 [Reserved]
---------------------------------------------------------------------------
(d) Except as prescribed in paragraph (f) or (g) of this section, a
separate application for a permit or special license shall be filed in
the case of each arrival.
(e) Stevedoring companies and others concerned in lading or unlading
merchandise, or in removing or otherwise securing it, shall ascertain
that the applicable preliminary Customs requirements have been complied
with before commencing such operation, since performance in the absence
of such compliance render them severally liable to the penalties
prescribed in section 453, Tariff Act of 1930, even though they may not
be responsible for taking the action necessary to secure compliance.
(f) The port director may issue a term permit on Customs Form 3171,
[[Page 30]]
which will remain in effect until revoked by the port director,
terminated by the carrier, or automatically cancelled by termination of
the supporting continuous bond, to unlade merchandise, passengers, or
baggage, or to lade merchandise or baggage during official hours.
(g) The port director may issue a term special license on Customs
Form 3171, which will remain in effect until revoked by the port
director, terminated by the carrier, or automatically cancelled by
termination of the supporting continuous bond, to unlade merchandise,
passengers, or baggage, or to lade merchandise or baggage during
overtime hours or on a Sunday or holiday when Customs supervision is
required. (See Sec. 24.16 of this chapter regarding pleasure vessels.)
(h) A special license for the unlading or lading of a vessel at
night or on a Sunday or holiday shall be refused by the port director if
the character of the merchandise or the conditions or facilities at the
place of unlading or lading render the issuance of such special license
dangerous to the revenue. In no case shall a special license for
unlading or lading at night or on a Sunday or holiday be granted except
on the ground of commercial necessity.
(i) The port director shall not issue a permit or special license to
unlade cargo or equipment of vessels arriving directly or indirectly
from any port or place outside the United States, except on compliance
with one or more of the following conditions:
(1) The merchandise shall have been duly entered and permits issued;
or
(2) A bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.64 of this chapter relating to international carriers,
or cash deposit shall have been given; or
(3) The merchandise is to be discharged into the custody of the port
director as provided for in section 490(b), Tariff Act of 1930.
(j) Bonds are not required under this section for vessels owned by
the United States and operated for its account.
(k) In the case of vessels of 5 net tons or over which are used
exclusively as pleasure vessels and which arrive from any country, the
port director in his discretion and under such conditions as he deems
advisable may allow the required application for unlading passengers and
baggage to be made orally, and may authorize his inspectors to grant
oral permission for unlading at any time, and to grant requests on
Customs Form 3171 for overtime services.
(l) A permit to unlade pursuant to this part 4 or part 122 of this
chapter shall not be granted unless the port director determines that
the applicant provides or the terminal at which the applicant will
unlade the cargo provides (1) sufficient space, capable of being locked,
sealed, or otherwise secured, for the storage immediately upon unlading
of cargo whose weight-to-value ratio renders it susceptible to theft or
pilferage and of packages which have been broken prior to or in the
course of unlading; and (2) an adequate number of vehicles, capable of
being locked, sealed, or otherwise secured, for the transportation of
such cargo or packages between the point of unlading and the point of
storage. A term permit to unlade shall be revoked if the port director
determines subsequent to such issuance that the requirements of this
paragraph have not been met.
(m) A permit to unlade pursuant to this part 4 or part 122 of this
chapter shall not be granted to an importing carrier, and a term permit
to unlade previously granted to such a carrier shall be revoked, (1) if
such carrier, within 30 days after the date of receipt of a written
demand by the port director, does not furnish a written list of the
names, addresses, social security numbers, and dates and places of birth
of persons it employs in connection with the unlading, storage and
delivery of imported merchandise; or (2) if, having furnished such a
list, the carrier does not advise the port director in writing of the
names, addresses, social security numbers, and dates and places of birth
of any new personnel employed in connection with the unlading, storage
and delivery of imported merchandise within 10 days after such
employment. If the employment of any such person is terminated, the
carrier shall promptly advise the port director. For the purposes of
this part, a person shall not be deemed to be employed by a carrier if
he is an officer or employee of an
[[Page 31]]
independent contractor engaged by a carrier to load, unload, transport
or otherwise handle cargo.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 68-247, 33 FR 15022,
Oct. 8, 1968; T.D. 71-39, 36 FR 1891, Feb. 3, 1971; T.D. 72-189, 38 FR
13975, July 15, 1972; T.D. 73-27, 38 FR 2448, Jan. 26, 1973; T.D. 84-
213, 49 FR 41163, Oct. 19, 1984; T.D. 88-12, 53 FR 9314, Mar. 22, 1988;
T.D. 92-74, 57 FR 35751, Aug. 11, 1992; T.D. 93-66, 58 FR 44130, Aug.
19, 1993; T.D. 93-96, 58 FR 67316, Dec. 21, 1993; T.D. 94-2, 58 FR
68523, Dec. 28, 1993; T.D. 95-77, 60 FR 50010, Sept. 27, 1995; T.D. 96-
11, 61 FR 2414, Jan. 26, 1996; T.D. 93-96, 61 FR 3569, Feb. 1, 1996;
T.D. 00-4, 65 FR 2873, Jan. 19, 2000]
Sec. 4.31 Unlading or transshipment due to casualty.
(a) When any cargo or stores of a vessel have been unladen or
transshipped at any place in the United States or its Customs waters
other than a port of entry because of accident, stress of weather, or
other necessity, no penalty shall be imposed under section 453 or
586(a), Tariff Act of 1930, if due notice is given to the director of
the port at which the vessel thereafter first arrives and satisfactory
proof is submitted to him as provided for in section 586(f), Tariff Act
of 1930, as amended, regarding such accident, stress of weather, or
other necessity. The port director may accept the certificates of the
master and two or more officers or members of the crew of the vessel, of
whom the person next to the master in command shall be one, as proof
that the unlading or transshipment was necessary by reason of
unavoidable cause.
(b) The port director may then permit entry of the vessel and its
cargo and permit the unlading of the cargo in such place at the port as
he may deem proper. Unless its transportation has been in violation of
the coastwise laws, the cargo may be cleared through Customs at the port
where it is discharged or forwarded to the port of original destination
under an entry for immediate transportation or for transportation and
exportation, as the case may be. All regulations shall apply in such
cases as if the unlading and delivery took place at the port of original
destination.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 95-77, 60 FR 50010,
Sept. 27, 1995]
Sec. 4.32 Vessels in distress; landing of cargo.
(a) When a vessel from a foreign port arrives in distress at a port
other than that to which it is destined, a permit to land merchandise or
baggage may be issued if such action is necessary. Merchandise and
baggage so unladen shall be taken into Customs custody and, if it has
not been transported in violation of the coastwise laws, may be entered
and disposed of in the same manner as any other imported merchandise or
may be reladen without entry to be carried to its destination on the
vessel from which it was unladen, subject only to charges for storage
and safekeeping.
(b) A bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.64 of this chapter relating to international carriers
shall be given in an amount to be determined by the port director to
insure the proper disposition of the cargo, whether such cargo be
dutiable or free.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 84-213, 49 FR 41164,
Oct. 19, 1984]
Sec. 4.33 Diversion of cargo.
(a) Unlading at other than original port of destination. A vessel
may unlade cargo or baggage at an alternative port of entry to the port
of original destination if:
(1) It is compelled by any cause to put into the alternative port
and the director of that port issues a permit for the unlading of cargo
or baggage; or
(2) As a result of an emergency existing at the port of destination,
the port director authorizes the vessel to proceed in accordance with
the residue cargo bond procedure to the alternative port. The owner or
agent of the vessel shall apply for such authorization in writing,
stating the reasons and agreeing to hold the port director and the
Government harmless for the diversion.
(b) Disposition of cargo or baggage at emergency port. Cargo and
baggage unladen at the alternative port under the circumstances set
forth in paragraph (a) of this section may be:
(1) Entered in the same manner as other imported cargo or baggage;
[[Page 32]]
(2) Treated as unclaimed and stored at the risk and expense of its
owner; or
(3) Reladen upon the same vessel without entry, for transportation
to its original destination.
(c) Substitution of ports of discharge on manifest. After entry, the
Cargo Declaration, Customs Form 1302, of a vessel may be changed at any
time to permit discharge of manifested cargo at any domestic port in
lieu of any other port shown on the Cargo Declaration, if:
(1) A written application for the diversion is made on the amended
Cargo Declaration by the master, owner, or agent of the vessel to the
director of the port where the vessel is located, after entry of the
vessel at that port;
(2) An amended Cargo Declaration, under oath, covering the cargo,
which it is desired to divert, is furnished in support of the
application and is filed in such number of copies as the port director
shall require for local Customs purposes; and
(3) The certified traveling manifest is not altered or added to in
any way by the master, owner, or agent of the vessel. When an
application under paragraph (c)(1) of this section is approved, the port
director shall securely attach an approved copy of the amended manifest
to the traveling manifest and shall send one copy of the amended Cargo
Declaration to the director of the port where the vessel's bond was
filed.
(d) Retention of cargo on board for later return to the United
States. If, as the result of a strike or other emergency at a United
States port for which inward foreign cargo is manifested, it is desired
to retain the cargo on board the vessel for discharge at a foreign port
but with the purpose of having the cargo returned to the United States,
an application may be made by the master, owner, or agent of the vessel
to amend the vessel's Cargo Declaration, Customs Form 1302, under a
procedure similar to that described in paragraph (c) of this section,
except that a foreign port shall be substituted for the domestic port of
discharge. If the application is approved, it shall be handled in the
same manner as an application filed under paragraph (c) of this section.
However, before approving the application, the port director is
authorized to require such bond as he deems necessary to insure that
export control laws and regulations are not circumvented.
[T.D. 77-255, 42 FR 56320, Oct. 25, 1977]
Sec. 4.34 Prematurely discharged, overcarried, and undelivered cargo.
(a) Prematurely landed cargo. Upon receipt of a satisfactory written
application from the owner or agent of a vessel establishing that cargo
was prematurely landed and left behind by the importing vessel through
error or emergency, the port director may permit inward foreign cargo
remaining on the dock to be reladen on the next available vessel owned
or chartered by the owner of the importing vessel for transportation to
the destination shown on the Cargo Declaration, Customs Form 1302, of
the first vessel, provided the importing vessel actually entered the
port of destination of the prematurely landed cargo. Unless so forwarded
within 30 days from the date of landing, the cargo shall be
appropriately entered for Customs clearance or for forwarding in bond;
otherwise, it shall be sent to general order as unclaimed. If the
merchandise is so entered for Customs clearance at the port of unlading,
or if it is so forwarded in bond, other than by the importing vessel or
by another vessel owned or chartered by the owner of the importing
vessel, representatives of the importing vessel shall file at the port
of unlading a Cargo Declaration in duplicate listing the cargo. The port
director shall retain the original and forward the duplicate to the
director of the originally intended port of discharge.
(b) Overcarried cargo. Upon receipt of a satisfactory written
application by the owner or agent of a vessel establishing that cargo
was not landed at its destination and was overcarried to another
domestic port through error or emergency, the port director may permit
the cargo to be returned in the importing vessel, or in another vessel
owned or chartered by the owner of the importing vessel, to the
destination
[[Page 33]]
shown on the Cargo Declaration, Customs Form 1302, of the importing
vessel, provided the importing vessel actually entered the port of
destination.67
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\67\ See Sec. 141.69(c) of this chapter for the conditions under
which such merchandise and goods removed from a port of intended entry
under these or certain other circumstances may subsequently be cleared
under a consumption entry which had been filed therefore before the
merchandise was removed from the port of intended entry.
68-69 [Reserved]
---------------------------------------------------------------------------
(c) Inaccessibly stowed cargo. Cargo so stowed as to be inaccessible
upon arrival at destination may be retained on board, carried forward to
another domestic port or ports, and returned to the port of destination
in the importing vessel or in another vessel owned or chartered by the
owner of the importing vessel in the same manner as other overcarried
cargo.
(d) Application for forwarding cargo. When it is desired that
prematurely landed cargo, overcarried cargo, or cargo so stowed as to be
inaccessible, be forwarded to its destination by the importing vessel or
by another vessel owned or chartered by the owner of the importing
vessel in accordance with paragraph (a), (b), or (c) of this section,
the required application shall be filed with the local director of the
port of premature landing or overcarriage by the owner or agent of the
vessel. The application shall be supported by a Cargo Declaration,
Customs Form 1302, in such number of copies as the port director may
require. Whenever practicable, the application shall be made on the face
of the Cargo Declaration below the description of the merchandise. The
application shall specify the vessel on which the cargo was imported,
even though the forwarding to destination is by another vessel owned or
chartered by the owner of the importing vessel, and all ports of
departure and dates of sailing of the importing vessel. The application
shall be stamped and signed to show that it has been approved.
(e) Manifesting prematurely landed or overcarried cargo. One copy of
the Cargo Declaration, Customs Form 1302, shall be certified by Customs
for use as a substitute traveling manifest for the prematurely landed or
overcarried cargo being forwarded as residue cargo, whether or not the
forwarding vessel is also carrying other residue cargo. If the
application for forwarding is made on the Cargo Declaration, the new
substitute traveling manifest shall be stamped to show the approval of
the application. If the application is on a separate document, a copy
thereof, stamped to show its approval, shall be attached to the
substitute traveling manifest. An appropriate cross-reference shall be
placed on the original traveling manifest to show that the vessel has
one or more substitute traveling manifests. A permit to proceed endorsed
on a Vessel Entrance or Clearance Statement, Customs Form 1300, issued
to the vessel transporting the prematurely landed or overcarried cargo
to its destination shall make reference to the nature of such cargo,
identifying it with the importing vessel.
(f) Residue cargo procedure. A vessel with prematurely landed or
overcarried cargo on board shall comply upon arrival at all domestic
ports of call with all the requirements of part 4 relating to foreign
residue cargo for domestic ports. The substitute traveling manifest,
carried forward from port to port by the oncarrying vessel, shall be
finally surrendered at the port where the last portion of the
prematurely landed or overcarried cargo is discharged.
(g) Cargo undelivered at foreign port and returned to the U.S.
Merchandise shipped from a domestic port, but undelivered at the foreign
destination and returned, shall be manifested as ``Undelivered-to be
returned to original foreign destination,'' if such a return is
intended. The port director may issue a permit to retain the merchandise
on board, or he may, upon written application of the steamship company,
issue a permit on a Delivery Ticket, Customs Form 6043, allowing the
merchandise to be transferred to another vessel for return to the
original foreign destination. No charge shall be made against the bond
on Customs Form 301, containing the bond conditions relating to
international carriers set forth in Sec. 113.64 of this chapter. The
items shall be remanifested outward and an explanatory reference of the
attending
[[Page 34]]
circumstances and compliance with export requirements noted.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-255, 42 FR 56321,
Oct. 25, 1977; T.D. 85-123, 50 FR 29952, July 23, 1985; T.D. 95-77, 60
FR 50010, Sept. 27, 1995; T.D. 00-22, 65 FR 16515, Mar. 29, 2000]
Sec. 4.35 Unlading outside port of entry.
(a) Upon written application from the interested party, the port
director concerned, if he considers it necessary, may permit any vessel
laden with merchandise in bulk to proceed, after entry, to any place
outside the port where the vessel entered which such port director may
designate for the purpose of unlading such cargo.
(b) In such case a deposit of a sum sufficient to reimburse the
Government for the compensation, travel, and subsistence expenses of the
officers detailed to supervise the unlading and delivery of the cargo
may be required by the port director.
[28 FR 14596, Dec. 31, 1963, as amended at T.D. 95-77, 60 FR 50010,
Sept. 27, 1995]
Sec. 4.36 Delayed discharge of cargo.
(a) When pursuant to section 457, Tariff Act of 1930, customs
officers are placed on a vessel which has retained merchandise on board
more than 25 days after the date of the vessel's arrival, their
compensation and subsistence expenses shall be reimbursed to the
Government by the owner or master.
(b) The compensation of all Customs officers and employees assigned
to supervise the discharge of a cargo within the purview of section 458,
Tariff Act of 1930,70 after the expiration of 25 days after
the date of the vessel's entry shall be reimbursed to the Government by
the owner or master of the vessel.
---------------------------------------------------------------------------
\70\ ``The limitation of time for unlading shall not extend to
vessels laden exclusively with merchandise in bulk consigned to one
consignee and arriving at a port for orders, but if the master of such
vessel requests a longer time to discharge its cargo, the compensation
of the inspectors or other customs officers whose services are required
in connection with the unlading shall, for every day consumed in
unlading in excess of twenty-five (25) days from the date of the
vessel's entry, be reimbursed by the master or owner of such vessel.''
(Tariff Act of 1930, sec. 458; 19 U.S.C. 1458)
71-75 [Reserved]
---------------------------------------------------------------------------
(c) When cargo is manifested ``for orders'' upon the arrival of the
vessel, no amendment of the manifest to show another port of discharge
shall be permitted after 15 days after the date of the vessel's arrival,
except as provided for in Sec. 4.33.
(d) All reimbursements payable in accordance with this section shall
be paid or secured to the port director before clearance is granted to
the vessel.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 95-77, 60 FR 50010,
Sept. 27, 1995; T.D. 98-74, 63 FR 51287, Sept. 25, 1998]
Sec. 4.37 General order.
(a) Any merchandise or baggage regularly landed but not covered by a
permit for its release shall be allowed to remain at the place of
unlading until the fifteenth calendar day after landing. No later than
20 calendar days after landing, the master or owner of the vessel or the
agent thereof shall notify Customs of any such merchandise or baggage
for which entry has not been made. Such notification shall be provided
in writing or by any appropriate Customs-authorized electronic data
interchange system. Failure to provide such notification may result in
assessment of a monetary penalty of up to $1,000 per bill of lading
against the master or owner of the vessel or the agent thereof. If the
value of the merchandise on the bill is less than $1,000, the penalty
shall be equal to the value of such merchandise.
(b) Any merchandise or baggage that is taken into custody from an
arriving carrier by any party under a Customs-authorized permit to
transfer or in-bond entry may remain in the custody of that party for 15
calendar days after receipt under such permit to transfer or 15 calendar
days after arrival at the port of destination. No later than 20 calendar
days after receipt under the permit to transfer or 20 calendar days
after arrival under bond at the port of destination, the party shall
notify Customs of any such merchandise or baggage for which entry has
not been made. Such notification shall be provided in writing or by any
appropriate Customs-authorized electronic data interchange system. If
the party fails
[[Page 35]]
to notify Customs of the unentered merchandise or baggage in the
allotted time, he may be liable for the payment of liquidated damages
under the terms and conditions of his custodial bond (see
Sec. 113.63(c)(4) of this chapter).
(c) In addition to the notification to Customs required under
paragraphs (a) and (b) of this section, the carrier (or any other party
to whom custody of the unentered merchandise has been transferred by a
Customs authorized permit to transfer or in-bond entry) shall provide
notification of the presence of such unreleased and unentered
merchandise or baggage to a bonded warehouse certified by the port
director as qualified to receive general order merchandise. Such
notification shall be provided in writing or by any appropriate Customs-
authorized electronic data interchange system and shall be provided
within the applicable 20-day period specified in paragraph (a) or (b) of
this section. It shall then be the responsibility of the bonded
warehouse proprietor to arrange for the transportation and storage of
the merchandise or baggage at the risk and expense of the consignee. Any
unentered merchandise or baggage shall remain the responsibility of the
carrier, master, or person in charge of the importing vessel or the
agent thereof or party to whom the merchandise has been transferred
under a Customs authorized permit to transfer or in-bond entry, until it
is properly transferred from his control in accordance with this
paragraph. If the party to whom custody of the unentered merchandise or
baggage has been transferred by a Customs-authorized permit to transfer
or in-bond entry fails to notify a Customs-approved bonded warehouse of
such merchandise or baggage within the applicable 20-calendar-day
period, he may be liable for the payment of liquidated damages of $1,000
per bill of lading under the terms and conditions of his international
carrier or custodial bond (see Secs. 113.63(b), 113.63(c) and 113.64(b)
of this chapter).
(d) If the bonded warehouse operator fails to take possession of
unentered and unreleased merchandise or baggage within five calendar
days after receipt of notification of the presence of such merchandise
or baggage under this section, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(a)(1) of this chapter).
(e) In ports where there is no bonded warehouse authorized to accept
general order merchandise or if merchandise requires specialized storage
facilities which are unavailable in a bonded facility, the port
director, after having received notice of the presence of unentered
merchandise or baggage in accordance with the provisions of this
section, shall direct the storage of the merchandise by the carrier or
by any other appropriate means.
(f) Whenever merchandise remains on board any vessel from a foreign
port more than 25 days after the date on which report of arrival of such
vessel was made, the port director, as prescribed in section 457, Tariff
Act of 1930, as amended (19 U.S.C. 1457), may take possession of such
merchandise and cause it to be unladen at the expense and risk of the
owners of the merchandise. Any merchandise so unladen shall be sent
forthwith by the port director to a general order warehouse and stored
at the risk and expense of the owners of the merchandise.
(g) Merchandise taken into the custody of the port director pursuant
to section 490(b), Tariff Act of 1930, as amended (19 U.S.C. 1490(b)),
shall be sent to a general order warehouse after 1 day after the day the
vessel was entered, to be held there at the risk and expense of the
consignee.
[T.D. 98-74, 63 FR 51287, Sept. 25, 1998]
---------------------------------------------------------------------------
\74\ [Reserved]
---------------------------------------------------------------------------
Sec. 4.38 Release of cargo.
(a) No imported merchandise shall be released from Customs custody
until a permit to release such merchandise has been granted. Such permit
shall be issued by the port director only after the merchandise has been
entered and, except as provided for in Sec. 141.102(d) or part 142 of
this chapter, the duties thereon, if any, have been estimated and paid.
Generally, the permit shall consist of a document authorizing delivery
of a particular shipment or an electronic equivalent. Alternatively, the
permit may consist of a report which lists those shipments which have
been authorized for release. This alternative cargo release notification
may
[[Page 36]]
be used when the manifest is not filed by the carrier through the
Automated Manifest System, the entry has been filed through the
Automated Broker Interface, and Customs has approved the cargo for
release without submission of paper documents after reviewing the entry
data submitted electronically through ABI and its selectivity criteria
(see Sec. 143.34). The report shall be posted in a conspicuous area to
which the public has access in the customhouse at the port of entry
where the cargo was imported.
(1) Where the cargo arrives by vessel, the report shall consist of
the following data elements:
(i) Vessel name or code, if transmitted by the entry filer;
(ii) Carrier code;
(iii) Voyage number, if transmitted by the entry filer;
(iv) Bill of lading number;
(v) Quantity released; and
(vi) Entry number (including filer code).
(2) Where the cargo arrives by air, the report shall consist of the
following data elements:
(i) Air waybill number;
(ii) Quantity released;
(iii) Entry number (including filer code);
(iv) Carrier code; and
(v) Flight number, if transmitted by the entry filer.
(3) In the case of merchandise traveling via in-bond movement, the
report will contain the following data elements:
(i) Immediate transportation bond number;
(ii) Carrier code;
(iii) Quantity released; and
(iv) Entry number (including filer code).
When merchandise is released without proper permit before entry has been
made, the port director shall issue a written demand for redelivery. The
carrier or facility operator shall redeliver the merchandise to Customs
within 30 days after the demand is made. The port director may authorize
unentered merchandise brought in by one carrier for the account of
another carrier to be transferred within the port to the latter
carrier's facility. Upon receipt of the merchandise the latter carrier
assumes liability for the merchandise to the same extent as though the
merchandise had arrived on its own vessel.
(b) When packages of merchandise bear marks or numbers which differ
from those appearing on the Cargo Declaration, Customs Form 1302, of the
importing vessel for the same packages and the importer or a receiving
bonded carrier, with the concurrence of the importing carrier, makes
application for their release under such marks or numbers, either for
consumption or for transportation in bond under an entry filed therefor
at the port of discharge from the importing vessel, the port director
may approve the application upon condition that (1) the contents of the
packages be identified with an invoice or transportation entry as set
forth below and (2) the applicant furnish at his own expense any bonded
cartage or lighterage service which the granting of the application may
require. The application shall be in writing in such number of copies as
may be required for local Customs purposes. Before permitting delivery
of packages under such an application, the port director shall cause
such examination thereof to be made as will reasonably identify the
contents with the invoice filed with the consumption entry. If the
merchandise is entered for transportation in bond without the filing of
an invoice, such examination shall be made as will reasonably identify
the contents of the packages with the transportation entry.
(c) If the port director determines that, in a port or portion of a
port, the volume of cargo handled, the incidence of theft or pilferage,
or any other factor related to the protection of merchandise in Customs
custody requires such measures, he shall require as a condition to the
granting of a permit to release imported merchandise that the importer
or his agent present to the carrier or his agent a fully executed pickup
order in substantially the following format, in triplicate, to obtain
delivery of any imported merchandise:
[[Page 37]]
[GRAPHIC] [TIFF OMITTED] TC14NO91.167
The pickup order shall contain a duly authenticated customhouse broker's
signature, unless it is presented by a person properly identified as an
employee or agent of the ultimate consignee. When delivered quantities
are verified by a Customs officer, he shall certify all copies of the
pickup order, returning one to the importer or his agent and two to the
carrier making delivery.
(d) When the provisions of paragraph (c) of this section are invoked
by the port director and verification of delivered quantities by Customs
is required, a permit to release merchandise shall be effective as a
release from Customs custody at the time that the delivery of the
merchandise covered by the pickup order into the physical possession of
a subsequent carrier or an importer or the agent of either is completed
under the supervision of a Customs officer, and only to the extent of
the actual delivery of merchandise described in such pickup order as
verified by such Customs officer.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 71-39, 36 FR 1892, Feb.
3, 1971; T.D. 77-255, 42 FR 56321, Oct. 25, 1977; T.D. 91-46, 56 FR
22330, May 15, 1991; 56 FR 27559, June 14, 1991]
Sec. 4.39 Stores and equipment of vessels and crews' effects; unlading or lading and retention on board.
(a) The provisions of Sec. 4.30 relating to unlading under a permit
on Customs Form 3171 are applicable to the unlading of articles, other
than cargo or baggage, which have been laden on a vessel outside the
Customs territory of the United States, regardless of the trade in which
the vessel may be engaged at the time of unlading, except that such
provisions do not apply to such articles which have already been
entered.
(b) Any articles other than cargo or baggage landed for delivery for
consumption in the United States shall be treated in the same manner as
other imported articles. A notation as to the landing of such articles,
together with the number of the entry made therefor, shall be made on
the vessel's store list, but such notation shall not subject the
articles to the requirement of being included in a post entry to the
manifest.
(c) Bags or dunnage constituting equipment of a vessel may be landed
temporarily and reladen on such vessel under Customs supervision without
entry.
(d) Articles claimed to be sea or ships' stores which are in excess
of the reasonable requirements of the vessel
[[Page 38]]
on which they are found shall be treated as cargo of such vessel.
(e) Under section 446, Tariff Act of 1930, port directors may permit
narcotic drugs, except smoking opium, in reasonable quantities and
properly listed as medical stores to remain on board vessels if
satisfied that such drugs are adequately safeguarded and used only as
medical supplies.
(f) Application for permission to transfer bunkers, stores or
equipment as provided for in the proviso to section 446, Tariff Act of
1930, shall be made and the permit therefor granted on Customs Form
3171.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 93-66, 58 FR 44130, Aug.
19, 1993]
Sec. 4.40 Equipment, etc., from wrecked or dismantled vessels.
Ship's or sea stores, supplies, and equipment of a vessel wrecked
either in the waters of the United States or outside such waters, on
being recovered and brought into a United States port, and like articles
landed from a vessel dismantled in a United States port shall be subject
to the same Customs treatment as would apply if the articles were landed
from a vessel arriving in the ordinary course of trade. Parts of the
hull and fittings recovered from a vessel which arrived in the United
States in the course of navigation and was wrecked in the waters of the
United States or was dismantled in this country are free of duties and
import taxes, but if such articles are recovered from vessels outside
the waters of the United States and brought into a United States port,
they shall be treated as imported merchandise.
Sec. 4.41 Cargo of wrecked vessel.
(a) Any cargo landed from a vessel wrecked in the waters of the
United States or on the high seas shall be subject at the port of entry
to the same entry requirements and privileges as the cargo of a vessel
regularly arriving in the foreign trade. In lieu of a Cargo Declaration,
Customs Form 1302, to cover such cargo, the owner, underwriter (if the
merchandise has been abandoned to him), or the salvor of the merchandise
shall make entry on Customs Form 7501, and any such applicant shall be
regarded as the consignee of the merchandise for Customs
purposes.76
---------------------------------------------------------------------------
\76\ ``* * * The underwriters of abandoned merchandise and the
salvors of merchandise saved from a wreck at sea or on or along a coast
of the United States may be regarded as the consignees.''* * * (Tariff
Act of 1930, sec. 483; 19 U.S.C. 1483)
---------------------------------------------------------------------------
(b) All such merchandise shall be taken into possession by the
director of the port where it shall first arrive and be retained in his
custody pending entry. If it is not entered by the person entitled to
make entry, or is not disposed of pursuant to court order, it shall be
subject to sale as unclaimed merchandise.
(c) If such merchandise is from a vessel which has been sunk in
waters of the United States for 2 years or more and has been abandoned
by the owner, any person who has salvaged the cargo shall be permitted
to enter the merchandise at the port where the vessel was wrecked free
of duty upon the facts being established to the satisfaction of the
director of the port of entry.77 Any other such merchandise
is subject to the same tariff classification as like merchandise
regularly imported in the ordinary course of trade.
---------------------------------------------------------------------------
\77\ ``Whenever any vessel laden with merchandise, in whole or in
part subject to duty, has been sunk in any river, harbor, bay, or waters
subject to the jurisdiction of the United States, and within its limits,
for the period of two years and is abandoned by the owner thereof, any
person who may raise such vessel shall be permitted to bring any
merchandise recovered therefrom into the port nearest to the place where
such vessel was so raised free from the payment of any duty thereupon,
but under such regulations as the Secretary of the Treasury may
prescribe.'' (Tariff Act of 1930, sec. 310; 19 U.S.C. 1310)
---------------------------------------------------------------------------
(d) If the merchandise is libeled for salvage,78 the port
director shall notify the United States attorney of the claim of the
United States for duties,
[[Page 39]]
and request him to intervene for such duties.
---------------------------------------------------------------------------
\78 \Salvors have an uncertain interest in the goods salved,
dependent upon the decree of a competent tribunal, and have a
presumptive right without such decree to possession of merchandise
salved by them from abandoned wrecks. The salvors are entitled in either
case to make entry of derelict or wrecked goods.
79-96 [Reserved]
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-255, 42 FR 56321,
Oct. 25, 1977; T.D. 87-75, 52 FR 20066, May 29, 1987; T.D. 95-77, 60 FR
50010, Sept. 27, 1995; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
Passengers on Vessels
Sec. 4.50 Passenger lists.
(a) The master of every vessel arriving at a port of the United
States from a port or place outside the Customs territory (see Sec. 4.6
of this part) and required to make entry, except a vessel arriving from
Canada, otherwise than by sea, at a port on the Great Lakes, or their
connections or tributary waters, shall submit passenger and crew lists,
as required by Sec. 4.7(a) of this part. If the vessel is arriving from
noncontiguous foreign territory and is carrying steerage passengers, the
additional information respecting such passengers required by Customs
and Immigration Form I-418 shall be included therein.
(b) A passenger within the meaning of this part is any person
carried on a vessel who is not connected with the operation of such
vessel, her navigation, ownership, or business.
[28 FR 14596, Dec. 31, 1963 as amended by T.D. 71-169, 36 FR 12603, July
2, 1971; T.D. 82-145, 47 FR 35475, Aug. 16, 1982; T.D. 93-96, 58 FR
67316, Dec. 21, 1993]
Sec. 4.51 Reporting requirements for individuals arriving by vessel.
(a) Arrival of vessel reported. Individuals on vessels, which have
reported their arrival to Customs in accordance with19 U.S.C. 1433 and
Sec. 4.2 of this part, shall remain on board until authorized by Customs
to depart. Upon departing the vessel, such individuals shall immediately
report to a designated Customs location together with all of their
accompanying articles.
(b) Arrival of vessel not reported. Individuals on vessels, which
have not reported their arrival to Customs in accordance with 19 U.S.C.
1433 and Sec. 4.2 of this part, shall immediately notify Customs and
report their arrival together with appropriate information regarding the
vessel, and shall present themselves and their accompanying articles at
a designated Customs location.
(c) Departure from designated Customs location. Individuals required
to report to designated Customs locations under this section shall not
depart from such locations until authorized to do so by any appropriate
Customs officer.
[T.D. 93-96, 58 FR 67316, Dec. 21, 1993]
Sec. 4.52 Penalties applicable to individuals.
Individuals violating any of the reporting requirements of Sec. 4.51
of this part or who present any forged, altered, or false document or
paper to Customs in connection with this section, may be liable for
certain civil penalties, as provided under 19 U.S.C. 1459, in addition
to other penalties applicable under other provisions of law. Further, if
the violation of these reporting requirements is intentional, upon
conviction, additional criminal penalties may be applicable, as provided
by under 19 U.S.C. 1459, in addition to other penalties applicable under
other provisions of law.
[T.D. 93-96, 58 FR 67317, Dec. 21, 1993; 59 FR 1918, Jan. 13, 1994]
Foreign Clearances
Sec. 4.60 Vessels required to clear.
(a) Unless specifically excepted by law, the following vessels must
obtain clearance from the Customs Service before departing from a port
or place in the United States:
(1) All vessels departing for a foreign port or place;
(2) All foreign vessels departing for another port or place in the
United States;
(3) All American vessels departing for another port or place in the
United States that have merchandise on board that is being transported
in-bond (not including bonded ship's stores or supplies), or foreign
merchandise for which entry has not been made; and
(4) All vessels departing for points outside the territorial sea to
visit a hovering vessel or to receive merchandise or passengers while
outside the territorial sea, as well as foreign vessels delivering
merchandise or passengers while outside the territorial sea.
[[Page 40]]
(b) The following vessels are not required to clear:
(1) A documented vessel with a pleasure license endorsement or an
undocumented American pleasure vessel (i.e., an undocumented vessel
wholly owned by a United States citizen or citizens, whether or not it
has a certificate of number issued by the State in which the vessel is
principally used under 46 U.S.C. 1466-1467 and not engaged in trade nor
violating the Customs or navigation laws of the United States and not
having visited any hovering vessel (see 19 U.S.C. 1709(d)).
(2) Any documented vessel with a Great Lakes license endorsement
which during a voyage on the Great Lakes will touch at a foreign port
only for taking on bunker fuel. (see Sec. 4.82).
(3) A vessel exempted from entry by section 441, Tariff Act of 1930.
(See Sec. 4.5.)
(4) A vessel of less than 5 net tons which departs from the United
States to proceed to a contiguous country otherwise than by sea.
(c) Vessels which will merely transit the Panama Canal without
transacting any business there shall not be required to be cleared
because of such transit.
(d) In the event that departure is delayed beyond the second day
after clearance, the delay shall be reported within 72 hours after
clearance to the port director who shall note the fact of detention on
the certificate of clearance and on the official record of clearance.
When the proposed voyage is canceled after clearance, the reason
therefor shall be reported in writing within 24 hours after such
cancellation and the certificate of clearance and related papers shall
be surrendered.
(e) No vessel shall be cleared for the high seas except, a vessel
bound to another vessel on the high seas to--
(1) Transship export merchandise which it has transported from the
U.S. to the vessel on the high seas; or
(2) Receive import merchandise from the vessel on the high seas and
transport the merchandise to the U.S.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 79-276, 44 FR 61956,
Oct. 29, 1979; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 85-91, 50
FR 21429, May 24, 1985; T.D. 94-24, 59 FR 13200, Mar. 21, 1994; T.D. 95-
77, 60 FR 50010, Sept. 27, 1995; T.D. 00-4, 65 FR 2873, Jan. 19, 2000]
Sec. 4.61 Requirements for clearance.
(a) Application for clearance. A clearance application for a vessel
intending to depart for a foreign port must be made by filing Customs
Form 1300 (Vessel Entrance or Clearance Statement) executed by the
vessel master or other proper officer. The master, licensed deck
officer, or purser may appear in person to clear the vessel, or the
properly executed Customs Form 1300 may be delivered to the customhouse
by the vessel agent or other personal representative of the master.
Necessary information may also be transmitted electronically pursuant to
a system authorized by Customs. Clearance will be granted by Customs
either on the Customs Form 1300 or by approved electronic means. Customs
port directors may permit the clearance of vessels at locations other
than the customhouse, and at times outside of normal business hours.
Customs may take local resources into consideration in allowing
clearance to be transacted on board vessels themselves or at other
mutually convenient sites and times either within or outside of port
limits. Customs must be satisfied that the place designated for
clearance is sufficiently under Customs control at the time of
clearance, and that the expenses incurred by Customs will be reimbursed
as authorized. Customs may require that advance notice of vessel
departure be given prior to granting requests for optional clearance
locations.
(b) When clearance required. Under certain circumstances, American
vessels departing from ports of the United States directly for other
United States ports must obtain Customs clearance.
[[Page 41]]
The clearance of such vessels is required when they have merchandise
aboard which is being transported in-bond, or when they have unentered
foreign merchandise aboard. For the purposes of the vessel clearance
requirements, merchandise transported in-bond does not include bonded
ship's stores or supplies. While American vessels transporting unentered
foreign merchandise must fully comply with usual clearance procedures,
American vessels carrying no unentered foreign merchandise but that have
in-bond merchandise aboard may satisfy vessel clearance requirements by
reporting intended departure within 72 hours prior thereto by any means
of communication that is satisfactory to the local Customs port
director, and by presenting a completed Customs Form 1300 (Vessel
Entrance or Clearance Statement). Also, the Customs officer may require
the production of any documents or papers deemed necessary for the
proper inspection/examination of the vessel, cargo, passenger, or crew.
Report of departure together with providing information to Customs as
specified in this paragraph satisfies all clearance requirements for the
subject vessels.
(c) Verification of compliance. Before clearance is granted to a
vessel bound to a foreign port as provided in Sec. 4.60 and this
section, the port director will verify compliance with respect to the
following matters:
(1) Accounting for inward cargo (see Sec. 4.62).
(2) Outward Cargo Declarations; shippers export declarations (see
Sec. 4.63).
(3) Documentation (see Sec. 4.0(c)).
(4) Verification of nationality and tonnage (see Sec. 4.65).
(5) Verification of inspection (see Sec. 4.66).
(6) Inspection under State laws (46 U.S.C. App. 97).
(7) Closed ports or places (see Sec. 4.67).
(8) Passengers (see Sec. 4.68).
(9) Shipping articles and enforcement of Seamen's Act (see
Sec. 4.69).
(10) Medicine and slop chests.
(11) Load line regulations (see Sec. 4.65a).
(12) Carriage of United States securities, etc. (46 U.S.C. App. 98).
(13) Carriage of mail.
(14) Public Health regulations (see Sec. 4.70).
(15) Inspection of vessels carrying livestock (see Sec. 4.71).
(16) Inspection of meat, meat-food products, and inedible fats (see
Sec. 4.72).
(17) Neutrality exportation of arms and munitions (see Sec. 4.73).
(18) Payment of State and Federal fees and fees due the Government
of the Virgin Islands of the United States (46 U.S.C. App. 100).
(19) Orders restricting shipping (see Sec. 4.74).
(20) Estimated duties deposited or a bond given to cover duties on
foreign repairs and equipment for vessels of the United States (see
Sec. 4.14).
(21) Illegal discharge of oil (see Sec. 4.66a).
(22) Attached or arrested vessel.
(23) Immigration laws.
(d) Vessel built for foreign account. A new vessel built in the
United States for foreign account will be cleared under a certificate of
record, Coast Guard Form 1316, in lieu of a marine document.
(e) Clearance not granted. Clearance will not be granted to any
foreign vessel using the flag of the United States or any distinctive
signs or markings indicating that the vessel is an American vessel (22
U.S.C. 454a).
(f) Clearance in order of itinerary. Unless otherwise provided in
this section, every vessel bound for a foreign port or ports will be
cleared for a definite port or ports in the order of its itinerary, but
an application to clear for a port or place for orders, that is, for
instructions to masters as to destination of the vessel, may be accepted
if the vessel is in ballast or if any cargo on board is to be discharged
in a port of the same country as the port for which clearance is sought.
[T.D. 00-4, 65 FR 2874, Jan. 19, 2000; T.D. 00-22, 65 FR 16515, Mar. 29,
2000]
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\97-103\ [Reserved]
---------------------------------------------------------------------------
Sec. 4.62 Accounting for inward cargo.
Inward cargo discrepancies shall be accounted for and adjusted by
correction of the Cargo Declaration Outward With Commercial Forms,
Customs Form 1302-A, but the vessel may be cleared and the adjustment
deferred if
[[Page 42]]
the discharging officer's report has not been received. (See Sec. 4.12.)
[T.D. 77-255, 42 FR 56322, Oct. 25, 1977, as amended by T.D. 84-193, 49
FR 35485, Sept. 10, 1984]
Sec. 4.63 Outward cargo declaration; shippers' export declarations.
(a) No vessel shall be cleared directly for a foreign port, or for a
foreign port by way of another domestic port or other domestic ports
(see Sec. 4.87(b)), unless there has been filed with the appropriate
Customs officer at the port from which clearance is being sought:
(1) A Cargo Declaration Outward With Commercial Forms, Customs Form
1302-A. Copies of bills of lading or equivalent commercial documents
relating to all cargo encompassed by the manifest must be attached in
such manner as to constitute one document, together with a Vessel
Entrance or Clearance Statement, Customs Form 1300, and export
declarations as are required by pertinent regulations of the Bureau of
the Census, Department of Commerce; or
(2) An incomplete Cargo Declaration as provided for in Sec. 4.75.
(b) Except as hereafter stated, the number of the export declaration
covering each shipment for which an authenticated export declaration is
required shall be shown on the Cargo Declaration Outward With Commercial
Forms, Customs Form 1302-A, in the marginal column headed ``B/L No.'' If
an export declaration is not required for a shipment, a notation shall
be made on the Cargo Declaration Outward With Commercial Forms (Customs
Form 1302-A) describing the basis for the exemption with a reference to
the number of the section in the Census Regulations (see 15 CFR 30.39,
30.50 through 30.57) where the particular exemption is provided. If
shipments are exempt on the basis of value and destination, the
appearance of the value and destination on a bill of lading or other
commercial documents is acceptable as evidence of the exemption and
reference to the applicable section in the Census Regulations is not
required.
(c) The following minimal information shall be included on the Cargo
Declaration Outward With Commercial Forms, Customs Form 1302-A (other
information required to be on a Customs Form 1302-A as shown on the form
itself must also be included thereon) or on attached copies of bills of
lading or equivalent commercial documents:
(1) Name and address of shipper;
(2) Description of the cargo (see paragraph (d) of this section);
(3) Number of packages and gross weight (see paragraph (d) of this
section);
(4) Name of vessel or carrier;
(5) Port of exit (this shall be the port where the merchandise is
loaded on the vessel); and
(6) Port of destination (this shall be the foreign port of discharge
of the merchandise).
(d) If the bills of lading or equivalent commercial documents
attached to the Customs Form 1302-A show on their face the cargo
information required by columns 6, 7, and either column 8 or 9, of the
Customs Form 1302-A, that information need not be shown again on the
Customs Form 1302-A. However, in that case, the cargo information must
be incorporated by a suitable reference on the face of the Customs Form
1302-A such as ``Cargo as per attached commercial documents.''
(e) For each shipment to be exported under an entry or withdrawal
for exportation or for transportation and exportation, the Cargo
Declaration Outward With Commercial Forms, Customs Form 1302-A, or
commercial document attached to the Cargo Declaration and made a part
thereof in accordance with paragraph (a)(1) of this section, shall
clearly show for such shipment the number, date, and class of such
Customs entry or withdrawal (i.e., T. & E., Wd. T. & E., I. E., Wd. Ex.,
or Wd. T., as applicable) and the name of the port where the merchandise
is laden for exportation.
(f) Customs officers shall accept a Cargo Declaration Outward With
Commercial Forms, Customs Form 1302-A, covering containerized or
palletized cargo which indicates by the use of appropriate words of
qualification (see Sec. 4.7a(c)(3)) that the declaration has been
prepared on the basis of information furnished by the shipper.
[T.D. 84-193, 49 FR 35484, Sept. 10, 1984; T.D. 00-22, 65 FR 16515, Mar.
29, 2000]
[[Page 43]]
Sec. 4.64 [Reserved]
Sec. 4.65 Verification of nationality and tonnage.
The nationality and tonnage of a vessel shall be verified by
examination of its marine document. If such examination discloses that
insufficient tonnage tax was collected on entry of the vessel, no
clearance shall be granted until the deficiency is paid.
Sec. 4.65a Load lines.
(a) If a port director is notified by an officer of the United
States Coast Guard that a detention order has been issued against a
vessel engaged in the foreign trade under the International Voyage Load
Line Act of 1973, clearance shall not be granted until the order is
withdrawn.
(b) If a port director issues a detention order under the Coastwise
Load Line Act, 1935, as amended, or is notified by an officer of the
United States Coast Guard that a detention order has been issued against
a vessel under the aforesaid Act, clearance shall not be granted until
the order is withdrawn.
[T.D. 75-133, 40 FR 24518, June 9, 1975]
Sec. 4.66 Verification of inspection.
(a) No clearance shall be granted unless the port director is
satisfied that a proper certificate of inspection is in force and the
vessel is in compliance with such certificate, if the vessel is:
(1) A vessel of the United States required to be inspected as
specified in Title 46, Code of Federal Regulations.
(2) A foreign vessel carrying passengers from the United States.
(b) In the case of vessels of foreign nations which are signatories
of the International Convention for the Safety of Life at Sea, 1948,
carrying passengers from the United States, an unexpired Certificate of
Examination for Foreign Passenger Vessel, Form CG-989, or an unexpired
Certificate for Foreign Vessel to Carry Persons in Addition to Crew,
Form CG-3463, issued by the United States Coast Guard, may be accepted
as evidence that a proper certificate of inspection is in force and the
vessel is in compliance with such certificate.
(c) In the case of vessels of the United States subject to
inspection proceeding to another port for repairs, a valid Permit to
Proceed to Another Port for Repairs, Form CG-948, issued by the United
States Coast Guard, shall be accepted in lieu of the certificate of
inspection required by this section.
[T.D. 56173, 29 FR 6681, May 22, 1964, as amended by T.D. 69-266, 34 FR
20422, Dec. 31, 1969]
Sec. 4.66a Illegal discharge of oil and hazardous substances.
If a port director receives a request from an officer of the U.S.
Coast Guard to withhold clearance of a vessel whose owner or operator is
subject to a civil penalty for discharging oil or a hazardous substance
into or upon the navigable waters of the United States, adjoining
shorelines, or into or upon the waters of the contiguous zone in
quantities determined to be harmful by appropriate authorities, such
clearance shall not be granted until the port director is informed that
a bond or other surety satisfactory to the Coast Guard has been filed.
[T.D. 82-28, 47 FR 5226, Feb. 4, 1982]
Sec. 4.66b Pollution of coastal and navigable waters.
(a) If any Customs officer has reason to believe that any refuse
matter is being or has been deposited in navigable waters or any
tributary of any navigable waters in violation of section 13 of the Act
of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 407), or oil or a hazardous
substance is being or has been discharged into or upon the navigable
waters of the United States, adjoining shorelines, or into or upon the
waters of the contiguous zone in violation of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251, 1321), he shall
promptly furnish to the port director a full report of the incident,
together with the names of witnesses and, when practicable, a sample of
the material discharged from the vessel in question.
(b) The port director shall forward this report immediately, without
recommendation, to the district commander of the Coast Guard district
concerned and a copy of such report
[[Page 44]]
shall be furnished to Headquarters, U.S. Customs Service.
[T.D. 73-18, 38 FR 1587, Jan. 16, 1973, as amended by T.D. 82-28, 47 FR
5226, Feb. 4, 1982]
Sec. 4.66c Oil pollution by oceangoing vessels.
(a) If a port director receives a request from a Coast Guard officer
to refuse or revoke the clearance or permit to proceed of a vessel
because the vessel, its owner, operator, or person in charge, is liable
for a fine or civil penalty, or reasonable cause exists to believe that
they may be subject to a fine or civil penalty under the provisions of
33 U.S.C. 1908 for violating the Protocol of 1978 Relating to the
International Convention for the Prevention of Pollution from Ships,
1973 (MARPOL Protocol), the Act to Prevent Pollution from Ships, 1980
(33 U.S.C. 1901-1911), or regulations issued thereunder, such clearance
or a permit to proceed shall be refused or revoked. Clearance or a
permit to proceed may be granted when the port director is informed that
a bond or other security satisfactory to the Coast Guard has been filed.
(b) If a port director receives a notification from a Coast Guard
officer that an order has been issued to detain a vessel required to
have an International Oil Pollution Prevention (IOPP) Certificate which
does not have a valid certificate on board, or whose condition or whose
equipment's condition does not substantially agree with the particulars
of the certificate on board, or which presents an unreasonable threat of
harm to the marine environment, the port director shall refuse or revoke
the clearance or permit to proceed of the vessel if requested to do so
by a Coast Guard officer. The port director shall not grant clearance or
issue a permit to proceed to the vessel until notified by a Coast Guard
officer that detention of the vessel is no longer required.
(c) If a port director receives a notification from a Coast Guard
officer to detain a vessel operated under the authority of a country not
a party to the MARPOL Protocol which does not have a valid certificate
on board showing that the vessel has been surveyed in accordance with
and complies with the requirements of the MARPOL Protocol, or whose
condition or whose equipment's condition does not substantially agree
with the particulars of the certificate on board, or which presents an
unreasonable threat of harm to the marine environment, the port director
shall refuse or revoke the clearance or permit to proceed of the vessel
if requested to do so by a Coast Guard officer. The port director shall
not grant clearance or issue a permit to proceed to the vessel until
notified by a Coast Guard officer that detention of the vessel is no
longer required.
[T.D. 81-148, 49 FR 28695, July 16, 1984]
Sec. 4.67 Closed ports or places.
No foreign vessel shall be granted a clearance or permit to proceed
to any port or place from which such vessels are excluded by orders or
regulations of the United States Navy Department except with the prior
approval of that Department.
Sec. 4.68 Federal Maritime Commission certificates for certain passenger vessels.
No vessel having berth or stateroom accommodations for 50 or more
passengers and embarking passengers at U.S. ports will be granted a
clearance at the port or place of departure from the United States
unless it is established that the vessel has valid certificates issued
by the Federal Maritime Commission.
[T.D. 00-4, 65 FR 2874, Jan. 19, 2000]
Sec. 4.69 Shipping articles.
No vessel of the U.S. on a voyage between a U.S. port and a foreign
port (except a port in Canada, Mexico, or the West Indies), or if of at
least 75 gross tons, on a voyage between a U.S. port on the Atlantic
Ocean and a U.S. port on the Pacific Ocean, shall be granted clearance
before presentation, to the appropriate Customs officer, of the shipping
articles agreements, including any seaman's allotment agreement,
required by 46 U.S.C. chapter 103, in the form provided for in 46 CFR
14.05-1.
[T.D. 92-52, 57 FR 23945, June 5, 1992]
[[Page 45]]
Sec. 4.70 Public Health Service requirements.
No clearance will be granted to a vessel subject to the foreign
quarantine regulations of the Public Health Service.
[T.D. 00-4, 65 FR 2874, Jan. 19, 2000]
Sec. 4.71 Inspection of livestock.
A proper export inspection certificate issued by the Veterinary
Services, Animal and Plant Health Inspection Service, Department of
Agriculture, shall be filed before the clearance of a vessel carrying
horses, mules, asses, cattle, sheep, swine, or goats (9 CFR part 91)
[T.D. 79-32, 44 FR 5650, Jan. 29, 1979]
Sec. 4.72 Inspection of meat, meat-food products, and inedible fats.
(a) No clearance shall be granted to any vessel carrying meat or
meat-food products, as defined and classified by the U.S. Department of
Agriculture, Food Safety and Inspection Service, Meat and Poultry
Inspection until there have been filed with the port director such
copies of export certificates concerning such meat or meat-food products
as are required by the pertinent regulations of the U.S. Department of
Agriculture, Food Safety and Inspection Service, Meat and Poultry
Inspection (9 CFR part 322). If such certificate has been obtained but
is unavailable at the scheduled time of a vessel's departure, the vessel
may be cleared on the basis of the receipt of a statement, under the
shipper's or shipper's agent's letterhead, certifying the number of
boxes, the number of pounds, the product name and the U.S. Department of
Agriculture export certificate number that covers the shipment of the
product. If such statement has been used as the basis for obtaining
vessel clearance, the duplicate of the certificate must be filed with
Customs within the time period prescribed by Sec. 4.75.
(b) No clearance shall be granted to any vessel carrying tallow,
stearin, oleo oil, or other rendered fat derived from cattle, sheep,
swine, or goats for export from the United States, which has not been
inspected, passed, and marked by the United States Department of
Agriculture, unless the port director is furnished with a certificate by
the exporter that the article is inedible.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 78-99, 43 FR 13059, Mar.
29, 1978; T.D. 91-77, 56 FR 46114, Sept. 10, 1991;T.D. 95-54, 60 FR
35838, July 12, 1995]
Sec. 4.73 Neutrality; exportation of arms and munitions.
(a) Clearance shall not be granted to any vessel if the port
director has reason to believe that her departure or intended voyage
would be in violation of any provision of the Neutrality Act of 1939 or
other neutrality law of the United States,104 or of any
regulation or instruction issued pursuant to any such law.
---------------------------------------------------------------------------
\104\ See 18 U.S.C. 961 through 967 and 22 U.S.C. 441 through 457.
---------------------------------------------------------------------------
(b) The port director shall refuse clearance for and detain any
vessel manifestly built for warlike purposes and about to depart from
the United States with a cargo consisting principally of arms and
munitions of war 105 when the number of men intending to sail
or other circumstances render it probable that the vessel is intended to
commit hostilities against the subjects, citizens, or property or any
foreign country, with which the United States is at peace, until the
decision of the President thereon is received, or until the owners shall
have given bond or security in double the value of the vessel and its
cargo that she will not be so employed.
---------------------------------------------------------------------------
\105\ Clearance for vessel shall not be denied for the sole reason
that her cargo contains contraband of war.
106-110 [Reserved]
---------------------------------------------------------------------------
(c) A port director shall promptly communicate all the facts to
Headquarters, U.S. Customs Service, if he learns while the United States
is at peace that any vessel of a belligerent power which has arrived as
a merchant vessel is altering, or will attempt to alter, her status as a
merchant vessel so as to become an armed vessel or an auxiliary to armed
vessels of a foreign power.
(d) If a port director has reason to believe during the existence of
a war to which the United States is not a party that any vessel at his
port is about to
[[Page 46]]
carry arms, munitions, supplies, dispatches, information, or men to any
warship or tender or supply ship of a belligerent nation, he shall
withhold the clearance of such vessel and report the facts promptly to
Headquarters, U.S. Customs Service.
Sec. 4.74 Transportation orders.
Clearance shall not be granted to any vessel if the port director
has reason to believe that her departure or intended voyage would be in
violation of any provision of any transportation order, regulation, or
restriction issued under authority of the Defense Production Act of 1950
(50 U.S.C. App. 2061-2066).
Sec. 4.75 Incomplete manifest; incomplete export declarations; bond.
(a) Pro forma manifest. Except as provided for in Sec. 4.75(c), if a
master desiring to clear his vessel for a foreign port does not have
available for filing with the port director a complete Cargo Declaration
Outward with Commercial Forms, Customs Form 1302-A (see Sec. 4.63) in
accordance with 46 U.S.C. 91, or all required shipper's export
declarations (see 15 CFR 30.24), the port director may accept in lieu
thereof an incomplete manifest (referred to as a pro forma manifest) on
the Vessel Entrance or Clearance Statement, Customs Form 1300, if there
is on file in his office a bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.64 of this chapter relating to
international carriers, executed by the vessel owner or other person as
attorney in fact of the vessel owner. The ``Incomplete Manifest for
Export'' box in item 17 of the Vessel Entrance or Clearance Statement
form must be checked.
(b) Time in which to file complete manifest and export declarations.
Not later than the fourth business day after clearance from each port in
the vessel's itinerary, the master, or the vessel's agent on behalf of
the master, shall deliver to the director of each port a complete Cargo
Declaration Outward with Commercial Forms, Customs Form 1302-A, in
accordance with Sec. 4.63, of the cargo laden at such port together with
duplicate copies of all required shipper's export declarations for such
cargo and a Vessel Entrance or Clearance Statement, Customs Form 1300.
The statutory grace period of 4 days for filing the complete manifest
and missing export declarations begins to run on the first day
(exclusive of any day on which the customhouse is not open for marine
business) following the date on which clearance is granted.
(c) Countries for which vessels may not be cleared until complete
manifests and shipper's export declarations are filed. To aid the
Customs Service in the enforcement of export laws and regulations, no
vessel shall be cleared for any port in the following countries until a
complete outward foreign manifest and all required shipper's export
declarations have been filed with the port director:
Albania
Bulgaria
Cambodia
China, People's Republic of
Cuba
Czechoslovakia
Estonia
German Democratic Republic (Soviet Zone of Germany and Soviet Zone
sector of Berlin)
Hungary
Iran
Iraq
Laos
Latvia
Libya
Lithuania
Mongolian People's Republic
North Korea
Polish People's Republic (Including Danzig)
Rumania
South Yemen
Union of Soviet Socialist Republics
Viet Nam
[T.D. 87-1, 52 FR 255, Jan. 5, 1987, as amended by T.D. 91-60, 56 FR
32085, July 15, 1991; T.D. 00-22, 65 FR 16515, Mar. 29, 2000]
Sec. 4.76 Procedures and responsibilities of carriers filing outbound vessel manifest information via the AES.
(a) The sea carrier's module. The Sea Carrier's Module is a
component of the Automated Export System (AES) (see, part 192, subpart
B, of this chapter) that allows for the filing of outbound vessel
manifest information electronically (see, 15 CFR part 30). All sea
carriers are eligible to apply for participation in the Sea Carrier's
Module. Application and certification procedures for AES are found at 15
CFR 30.60. A sea carrier certified to use the module that adheres to the
procedures set forth in this section and the Census Regulations (15 CFR
part 30) concerning the electronic submission of an outbound vessel
manifest information meets the outward cargo declaration filing
requirements (CF 1302-A) of Secs. 4.63 and
[[Page 47]]
4.75, except as otherwise provided in Secs. 4.75 and 4.84.
(b) Responsibilities. The performance requirements and operational
standards and procedures for electronic submission of outbound vessel
manifest information are detailed in the AES Trade Interface
Requirements handbook (available on the Customs internet web site
(www.customs.gov)). Carriers and their agents are responsible for
reporting accurate and timely information and for responding to all
notifications concerning the status of their transmissions and the
detention and release of freight in accordance with the procedures set
forth in the AES Trade Interface Requirements handbook. Customs will
send messages to participant carriers regarding the accuracy of their
transmissions. AES participants are required to comply with the
recordkeeping requirements contained at Sec. 30.66 of the Census
Regulations (15 CFR 30.66) and any other applicable recordkeeping
requirements. Where paper SEDs have been submitted by exporters prior to
departure, participant carriers will be responsible for submitting those
SEDs to Customs within four (4) business days after the departure of the
vessel from each port, unless a different time requirement is specified
by Secs. 4.75 or 4.84. Upon written agreement with participant sea
carriers, Customs and Census can provide for an alternative to the
location filing requirement for paper SEDs set forth in Sec. 4.75(b) by
which the participant carriers are otherwise bound.
(c) Messages required to be filed within the sea carrier's module.
Participant carriers will be responsible for transmitting and responding
to the following messages:
(1) Booking. Booking information identifies all the freight that is
scheduled for export. Booking information will be transmitted to Customs
via AES for each shipment as far in advance of departure as practical,
but no later than seventy-two hours prior to departure for all
information available at that time. Bookings received within seventy-two
hours of departure will be transmitted to Customs via AES as received;
(2) Receipt of booking. When the carrier receives the cargo or
portion of the cargo that was booked, the carrier will inform Customs so
that Customs can determine if an examination of the cargo is necessary.
Customs will notify the carrier of shipments designated for examination.
Customs will also notify the carrier when the shipment designated for
inspection is released and may be loaded on the vessel;
(3) Departure. No later than the first calendar day following the
actual departure of the vessel, the carrier will notify Customs of the
date and time of departure; and
(4) Manifest. Within ten (10) calendar days after the departure of
the vessel from each port, the carrier will submit the manifest
information to Customs via AES for each booking loaded on the departed
vessel. However, if the destination of the vessel is a foreign port
listed in Sec. 4.75(c), the carrier must transmit complete manifest
information before vessel departure. Time requirements for transmission
of complete manifest information for carriers destined to Puerto Rico
and U.S. possessions are the same as the requirement for the submission
of the complete manifest as found in Sec. 4.84.
(d) All penalties and liquidated damages that apply to the
submission of paper manifests (see, applicable provisions in this part)
apply to the electronic submission of outbound vessel manifest
information through the Sea Carrier's Module.
[T.D. 99-57, 64 FR 40986, July 28, 1999]
Coastwise Procedure
Sec. 4.80 Vessels entitled to engage in coastwise trade.
(a) No vessel shall transport, either directly or by way of a
foreign port, any passenger or merchandise between points in the United
States embraced within the coastwise laws, including points within a
harbor, or merchandise for any part of the transportation between such
points, unless it is:
(1) Owned by a citizen and is so documented under the laws of the
United States as to permit it to engage in the coastwise trade;
(2) Owned by a citizen, is exempt from documentation, and is
entitled to
[[Page 48]]
or, except for its tonnage, would be entitled to be documented with a
coastwise license or, where appropriate, a Great Lakes license
endorsement.
(3) Owned by a partnership or association in which at least a 75
percent interest is owned by such a citizen, is exempt from
documentation and is entitled to or, except for its tonnage, or
citizenship of its owner, or both, would be entitled to be documented
for the coastwise trade. The term ``citizen'' for vessel documentation
purposes, whether for an individual, partnership, or corporation owner,
is defined in 46 CFR 67.3.
(b) Penalties for violating coastwise laws. (1) The penalty imposed
for the illegal transportation of merchandise between coastwise points
is forfeiture of the merchandise or, in the discretion of the port
director, forfeiture of a monetary amount up to the value of the
merchandise to be recovered from the consignor, seller, owner, importer,
consignee, agent, or other person or persons so transporting or causing
the merchandise to be transported (46 U.S.C. 883).
(2) The penalty imposed for the unlawful transportation of
passengers between coastwise points is $200 for each passenger so
transported and landed (46 U.S.C. 289).
(c) Any vessel of the United States, whether or not entitled under
paragraph (a) of this section to engage in the coastwise trade, and any
foreign vessel may proceed between points in the United States embraced
within the coastwise laws to discharge cargo or passengers laden at a
foreign port, to lade cargo or passengers for a foreign port, in
ballast, or to transport certain articles in accordance with Sec. 4.93.
Cargo laden at a foreign port may be retained onboard during such
movements. Furthermore, certain barges of United States or foreign flag
may transport transferred merchandise between points in the United
States embraced within the coastwise laws, excluding transportation
between the continental United States and a noncontiguous point in the
United States embraced within the coastwise laws, in accordance with
Sec. 4.81a.
(d) No vessel owned by a corporation which is a citizen of the
United States under the Act of September 2, 1958 (46 U.S.C. 883-1) shall
be used in any trade other than the coastwise trade and shall not be
used in that trade unless it is properly documented for such use or is
exempt from documentation and is entitled to or, except for its tonnage,
would be entitled to a coastwise license, or where appropriate, a Great
Lakes license endorsement. Such a vessel shall not be documented for nor
engage in the foreign trade or the fisheries and shall not transport
merchandise or passengers coastwise for hire except as a service for a
parent or a subsidiary corporation as defined in the aforesaid Act or
while under demise or bareboat charter at prevailing rates for use
otherwise than in trade with noncontiguous territory of the United
States to a common or contract carrier subject to Part III of the
Interstate Commerce Act, as amended (49 U.S.C. 901 through 923), which
otherwise qualifies as a citizen of the United States under section 2 of
the Shipping Act, 1916, as amended (46 U.S.C. 802), and which is not
connected, directly or indirectly, by way of ownership or control with
such owning corporation.
(e) No vessel which has acquired the lawful right to engage in the
coastwise trade, by virtue of having been built in or documented under
the laws of the United States, shall have the right to engage in such
trade if it thereafter has been sold or transferred foreign in whole or
in part or placed under foreign registry, or, if of more than 500 gross
tons, has been rebuilt unless the entire rebuilding, including the
construction of any major components of the hull or superstructure of
the vessel, was effected within the United States, its Territories (not
including trust territories), or its possessions. However, no rebuilt
vessel shall be deemed to have lost its coastwise privileges within the
meaning of the above if rebuilt within the United States, its
Territories (not including trust territories), or its possessions under
a contract executed before July 5, 1960, if the work of rebuilding
commenced not later than 24 months after such date.
(f) No foreign-built vessel owned and documented as a vessel of the
United States prior to February 1, 1920, by a citizen nor one owned by
the United
[[Page 49]]
States on June 5, 1920, and sold to and owned by a citizen, shall engage
in the American fisheries, but it is otherwise unlimited as to trade so
long as it continues in such ownership (section 22, Merchant Marine Act,
of June 5, 1920; 46 U.S.C. 13). No foreign-built vessel which is owned
by a citizen, but which was not so owned and documented on February 1,
1920, or which was not owned by the United States on June 5, 1920, shall
engage in the coastwise trade or the American fisheries. No foreign-
built vessel which has been sold, leased, or chartered by the Secretary
of Commerce to any citizen, shall engage in the American fisheries, but
it is otherwise unlimited as to trade so long as it continues in such
ownership, lease, or charter (section 9 of the Act of Sept. 7, 1916, as
amended, 46 U.S.C. 808). A vessel engaged in taking out fishing parties
for hire, unless it intends to proceed to a foreign port, is considered
to be engaged in the coastwise trade and not the fisheries.
(g) Certain vessels not documented under the laws of the United
States which are acquired by or made available to the Secretary of
Commerce may be documented under section 3 of the Act of August 9, 1954
(50 U.S.C. 198). Such vessels shall not engage in the coastwise trade
unless in possession of a valid unexpired permit to engage in that trade
issued by the Secretary of Commerce under authority of section 3(c) of
the said Act.
(h) A vessel which is at least 50 percent owned by a citizen as
defined in 46 CFR subpart 68.05, and which, except for citizenship
requirements, is otherwise entitled to be documented with a coastwise
endorsement, may be documented with a limited coastwise endorsement,
provided the vessel is owned by a not-for-profit oil spill response
cooperative or by one or more members of such a cooperative who dedicate
the vessel to the use of the cooperative (46 U.S.C. 12106(d)).
Notwithstanding 46 U.S.C. App. 883, a vessel may be documented with such
a limited endorsement even if formerly owned by a not-for-profit oil
spill response cooperative or by one or more members thereof, as long as
the citizenship criteria of 46 CFR subpart 68.05 are met. A vessel so
documented may operate on the navigable waters of the United States or
in the Exclusive Economic Zone only for the purpose of training for oil
spill cleanup operations; deploying equipment, supplies and personnel
for cleanup operations; and recovering and/or transporting oil
discharged in a spill. Such vessel may also engage in any other
employment for which a registry, fishery, or Great Lakes endorsement is
not required, and may qualify to operate for other purposes by meeting
the applicable requirements of 46 CFR part 67.
(i) Any vessel, entitled to be documented and not so documented,
employed in a trade for which a Certificate of Documentation is issued
under the vessel documentation laws (see Sec. 4.0(c)), other than a
trade covered by a registry, is liable to a civil penalty of $500 for
each port at which it arrives without the proper Certificate of
Documentation. If such a vessel has on board any foreign merchandise
(sea stores excepted), or any domestic taxable alcoholic beverages, on
which the duty and taxes have not been paid or secured to be paid, the
vessel and its cargo are subject to seizure and forfeiture.
[T.D. 69-266, 34 FR 20422, Dec. 31, 1969, as amended by T.D. 79-160, 44
FR 31956, June 4, 1979; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D.
93-78, 58 FR 50257, Sept. 27, 1993; T.D. 97-82, 62 FR 51769, Oct. 3,
1997]
Sec. 4.80a Coastwise transportation of passengers.
(a) For the purposes of this section, the following terms will have
the meaning set forth below:
(1) Coastwise port means a port in the U.S., its territories, or
possessions embraced within the coastwise laws.
(2) Nearby foreign port means any foreign port in North America,
Central America, the Bermuda Islands, or the West Indies (including the
Bahama Islands, but not including the Leeward Islands of the Netherlands
Antilles, i.e., Aruba, Bonaire, and Curacao). A port in the U.S. Virgin
Islands shall be treated as a nearby foreign port.
(3) Distant foreign port means any foreign port that is not a nearby
port.
[[Page 50]]
(4) Embark means a passenger boarding a vessel for the duration of a
specific voyage and disembark means a passenger leaving a vessel at the
conclusion of a specific voyage. The terms embark and disembark are not
applicable to a passenger going ashore temporarily at a coastwise port
who reboards the vessel and departs with it on sailing from the port.
(5) Passenger has the meaning defined in Sec. 4.50(b).
(b) The applicability of the coastwise law (46 U.S.C. 289) to a
vessel not qualified to engage in the coastwise trade (i.e., either a
foreign-flag vessel or a U.S.-flag vessel that is foreign-built or at
one time has been under foreign-flag) which embarks a passenger at a
coastwise port is as follows:
(1) If the passenger is on a voyage solely to one or more coastwise
ports and the passenger disembarks or goes ashore temporarily at a
coastwise port, there is a violation of the coastwise law.
(2) If the passenger is on a voyage to one or more coastwise ports
and a nearby foreign port or ports (but at no other foreign port) and
the passenger disembarks at a coastwise port other than the port of
embarkation, there is a violation of the coastwise law.
(3) If the passenger is on a voyage to one or more coastwise ports
and a distant foreign port or ports (whether or not the voyage includes
a nearby foreign port or ports) and the passenger disembarks at a
coastwise port, there is no violation of the coastwise law provided the
passenger has proceeded with the vessel to a distant foreign port.
(c) An exception to the prohibition in this section is the
transportation of passengers between ports in Puerto Rico and other
ports in the U.S. on passenger vessels not qualified to engage in the
coastwise trade. Such transportation is permitted until there is a
finding under 46 U.S.C. 289c that a qualified U.S.-flag passenger vessel
is available for such service.
(d) The owner or charterer of a foreign vessel or any other
interested person may request from Headquarters, U.S. Customs Service,
Attention: Entry Procedures and Carriers Branch, an advisory ruling as
to whether a contemplated voyage would be considered to be coastwise
transportation in violation of 46 U.S.C. 289. Such a request shall be
filed in accordance with the provisions of part 177, Customs Regulations
(19 CFR part 177).
[T.D. 85-109, 50 FR 26984, July 1, 1985, as amended by T.D. 85-109, 50
FR 37519, Sept. 16, 1985; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
Sec. 4.80b Coastwise transportation of merchandise.
(a) Effect of manufacturing or processing at intermediate port or
place. A coastwise transportation of merchandise takes place, within the
meaning of the coastwise laws, when merchandise laden at a point
embraced within the coastwise laws (``coastwise point'') is unladen at
another coastwise point, regardless of the origin or ultimate
destination of the merchandise. However, merchandise is not transported
coastwise if at an intermediate port or place other than a coastwise
point (that is at a foreign port or place, or at a port or place in a
territory or possession of the United States not subject to the
coastwise laws), it is manufactured or processed into a new and
different product, and the new and different product thereafter is
transported to a coastwise point.
(b) Request for ruling. Interested parties may request an advisory
ruling from Headquarters, United States Customs Service, Attention:
Entry Procedures and Carriers Branch, as to whether a specific action
taken or to be taken with respect to merchandise at the intermediate
port or place will result in its becoming a new and different product
for purposes of this section. The request shall be filed in accordance
with the provisions of part 177 of this chapter.
[T.D. 79-193, 44 FR 42178, July 19, 1979, as amended by T.D. 91-77, 56
FR 46114, Sept. 10, 1991; 56 FR 47268, Sept. 18, 1991; T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 4.81 Reports of arrivals and departures in coastwise trade.
(a) No vessel which is documented with a coastwise license or
registry endorsement or is owned by a citizen and exempt from
documentation, and which is in ballast or laden only with domestic
products or passengers being
[[Page 51]]
carried only between points in the United States shall be required to
report arrival or to enter when coming into one port of the United
States from any other such port, except as provided for in sections 4.83
and 4.84, nor to obtain a clearance, permit to proceed, or permission to
depart when going from one port in the United States to any other such
port except when transporting merchandise to a port in noncontinguous
territory.111
---------------------------------------------------------------------------
\111\ See Sec. 4.84.
---------------------------------------------------------------------------
(b) When the facts are as above stated except that the vessel is
carrying bonded merchandise, the master shall report its arrival as
provided for in Sec. 4.2.
(c) [Reserved]
(d) The traveling Crew's Effects Declaration, Customs Form 1304, or
Customs and Immigration Form I-418 with attached Customs Form 5129,
referred to in Sec. 4.85 (b), (c), and (e) shall be deposited with the
port director upon arrival at each port in the United States and finally
surrendered to the appropriate Customs officer or director of the port
where the vessel first departs directly for a foreign port.
(e) Before any foreign vessel departs in ballast, or solely with
articles to be transported in accordance with Sec. 4.93, from any port
in the United States for any other such port, the master must apply to
the port director for a permit to proceed by filing a Vessel Entrance or
Clearance Statement, Customs Form 1300, in duplicate. If a vessel is
proceeding in ballast and therefore the Cargo Declaration (Customs Form
1302) is omitted, the words ``No merchandise on board'' shall be
inserted in item 16 of the Vessel Entrance or Clearance Statement.
However, articles to be transported in accordance with Sec. 4.93 must be
manifested on the Cargo Declaration, as required by Sec. 4.93(c). Three
copies of the Cargo Declaration must be filed with the port director.
When the port director grants the permit by making an appropriate
endorsement on the Vessel Entrance or Clearance Statement (see
Sec. 4.85(b)), the duplicate copy, together with two copies of the Cargo
Declaration covering articles to be transported in accordance with
Sec. 4.93, must be returned to the master. The traveling Crew's Effects
Declaration, Customs Form 1304, and all unused crewmembers' declarations
on Customs Form 5129 will be placed in a sealed envelope addressed to
the appropriate Customs officer at the next intended domestic port and
returned to the master for delivery. The master must execute a receipt
for all unused crewmembers' declarations which are returned to him.
Immediately upon arrival at the next United States port the master must
report his arrival to the port director. He must make entry within 48
hours by filing with the port director the permit to proceed on the
Vessel Entrance or Clearance Statement received at the previous port, a
newly executed Vessel Entrance or Clearance Statement, a Crew's Effects
Declaration of all unentered articles acquired abroad by crewmembers
which are still on board, a Ship's Stores Declaration, Customs Form
1303, in duplicate of the stores remaining on board, both copies of the
Cargo Declaration covering articles transported in accordance with
Sec. 4.93, and the document of the vessel. The traveling Crew's Effects
Declaration and all unused crewmembers' declarations on Customs Form
5129 returned at the prior port to the master must be delivered by him
to the appropriate Customs officer.
(f) The master, licensed deck officer, or purser who enters or
clears a vessel, or who obtains permission for a vessel to depart, when
required under the provisions of this section or of Secs. 4.82, 4.84,
4.85, 4.87, 4.89, or 4.91 of the regulations of this part, may appear in
person at the customhouse for that purpose, or any required oaths,
related documents, and other papers properly executed by the master or
other proper officer may be delivered at the customhouse by the vessel
agent or other personal representative of the master.
(g) In lieu of the procedures stated in Secs. 4.85 and 4.87 and at
the option of the owner or operator, unmanned non-self-propelled barges
specifically designed for carriage aboard a vessel and regularly carried
aboard a vessel in the foreign trade, hereinafter referred to as LASH-
type barges, may move under a simplified permit-to-proceed procedure as
follows:
[[Page 52]]
(1) At the port where a LASH-type barge begins a coastwise movement
with inward foreign cargo, a permit to proceed on the Vessel Entrance or
Clearance Statement, Customs Form 1300, must be obtained. A single
permit to proceed may be used for all the barges proceeding to the same
port of unlading in the same town. An inward foreign manifest of the
cargo in each barge, destined to the port of unlading shown on the
permit to proceed, must be attached to each permit. At the port of
unlading of the barge, report of arrival and entry must be made
immediately upon arrival to the appropriate Customs officer by
presentation of the permit to proceed, manifests, and a new Vessel
Entrance or Clearance Statement, Customs Form 1300. If only part of the
inward foreign cargo is unladen, a new permit to proceed must be
obtained and the inward foreign manifests must be attached to it.
(2) At the port where a LASH-type barge begins a coastwise movement
with export cargo, a permit to proceed on the Vessel Entrance or
Clearance Statement, Customs Form 1300, must be presented to the
appropriate Customs officer. A single permit to proceed may be presented
for all the barges proceeding from the same port of lading in the same
tow. Required shipper's export declarations for LASH-type barges must be
filed at the port where the barges will be taken aboard a barge-carrying
vessel. At the next port, a report of arrival must be made immediately
upon arrival and entry must be made within 48 hours by presentation of
the permit to proceed received upon departure from the prior port and a
newly executed Vessel Entrance or Clearance Statement, Customs Form
1300.
(3) When foreign LASH-type barges are proceeding between ports of
the United States under paragraph (e) of this section, a single permit
to proceed may be used for all the barges proceeding to the same port in
the same tow.
(4) In lieu of the master of the towing vessel executing and
delivering documents required under permit-to-proceed procedures (see
Sec. 4.81(f)) at the port where a LASH-type barge begins a coastwise
movement, the master of the towing vessel may designate in writing the
owner or operator of the barges as his representative with authority to
execute and deliver such documents at the customhouse. The owner or
operator of the barges may designate representatives to perform such
functions at ports or places where permit-to-proceed documents must be
delivered. Documents obtained from Customs officers at one place by such
a representative may be forwarded by any suitable means to the
representative who must present them to Customs officers at another
place, the only requirement being that the forms are properly completed
and are presented within the prescribed time periods. Moreover, instead
of a written designation from each master of a towing vessel, a blanket
designation in writing from the owner or operator of one or more towing
vessels on behalf of masters of their towing vessels, designating the
owner or operator of the barges to be the representative of the master
for purposes of executing and delivering permit-to-proceed documents, is
authorized.
(5) [Reserved]
(6) When a LASH-type barge is proceeding to a place in the United
States that is not a port of entry, Sec. 101.4(a) and (b) of this
chapter are applicable. No merchandise shall be unladen from a LASH-type
barge until a permit or special license therefor is obtained in
accordance with Sec. 4.30 except that a single permit to unlade may be
used for all barges that arrived at the port of unlading in the same
tow.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 71-169, 36 FR 12604,
July 2, 1971; T.D. 74-63, 39 FR 6108, Feb. 19, 1974; T.D. 74-284, 39 FR
39718, Nov. 11, 1974; T.D. 75-315, 40 FR 58852, Dec. 19, 1975; T.D. 77-
241, 42 FR 54936, Oct. 12, 1977; T.D. 77-255, 42 FR 56322, Oct. 25,
1977; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 92-74, 57 FR 35752,
Aug. 11, 1992; T.D. 93-96, 58 FR 67317, Dec. 21, 1993; T.D. 00-22, 65 FR
16515, Mar. 29, 2000]
Sec. 4.81a Certain barges carrying merchandise transferred from another barge.
(a) A LASH-type barge (as defined in Sec. 4.81(g)) documented as a
vessel of the United States but not qualified to engage in the coastwise
trade or a LASH-type barge of a nation found to grant reciprocal
privileges to United States-
[[Page 53]]
flag LASH-type barges may transport inward foreign and export cargo
between points embraced within the coastwise laws of the United States
after the merchandise has been transferred to it from another LASH-type
barge owned or leased by the same owner or operator. This section is not
applicable to transportation between the continental United States and
noncontiguous States, districts, territories, and possessions embraced
within the coastwise laws. The permit to proceed shall include a
statement that the unqualified LASH-type barge is owned or leased by the
owner or operator of the LASH-type barge from which the merchandise was
transferred.
(b) The following nations have been found to extend privileges
reciprocal to those provided in paragraph (a) of this section to LASH-
type barges of the United States:
Federal Republic of Germany.
Netherlands.
Sweden.
Union of Soviet Socialist Republics.
[T.D. 74-63, 39 FR 6108, Feb. 19, 1974, as amended by T.D. 74-292, 39 FR
41360, Nov. 27, 1974; T.D. 75-7, 39 FR 44660, Dec. 26, 1974; T.D. 75-
315, 40 FR 58852, Dec. 19, 1975; T.D. 78-492, 43 FR 58814, Dec. 18,
1978]
Sec. 4.82 Touching at foreign port while in coastwise trade.
(a) A United States documented vessel with a registry or, coastwise
endorsement, or both which, during a voyage between ports in the United
States, touches at one or more foreign ports and there discharges or
takes on merchandise, passengers, baggages, or mail shall obtain a
permit to proceed or clearance at each port of lading in the United
States for the foreign port or ports at which it is intended to touch.
The Cargo Declaration Outward With Commercial Forms, Customs Form 1302-A
(see Sec. 4.63), shall show only the cargo for foreign destination. (See
Secs. 4.61 and 4.87.)
(b) The master shall also present to the port director a coastwise
Cargo Declaration in triplicate of the merchandise to be transported via
the foreign port or ports to the subsequent ports in the United States.
It shall describe the merchandise and show the marks and numbers of the
packages, the names of the shippers and consignees, and the
destinations. The port director shall certify the two copies and return
them to the master. Merchandise carried by the vessel in bond under a
transportation entry and manifest, Customs Form 7512, shall not be shown
on the coastwise Cargo Declaration.
(c) Upon arrival from the foreign port or ports at the subsequent
port in the United States, a report of arrival and entry of the vessel
shall be made, and tonnage taxes shall be paid unless the vessel is
properly operating under a document with Great Lakes license
endorsement. The master shall present Cargo Declaration in accordance
with Sec. 4.7 and the certified copies of the coastwise Cargo
Declaration, Customs Form 1302.
(d) All merchandise on the vessel upon its arrival at the subsequent
port in the United States is subject to such Customs examination and
treatment as may be necessary to protect the revenue. Any article on
board which is not identified to the satisfaction of the port director,
by the coastwise Cargo Declaration, Customs Form 1302, or otherwise, as
part of the coastwise cargo, shall be treated as imported merchandise.
---------------------------------------------------------------------------
\112-114\ [Reserved]
[T.D. 77-255, 42 FR 56322, Oct. 25, 1977, as amended by T.D. 83-214, 48
FR 46513, Oct. 13, 1983; T.D. 84-193, 49 FR 35485, Sept. 10, 1984; T.D.
99-64, 64 FR 43265, Aug. 10, 1999]
Sec. 4.83 Trade between United States ports on the Great Lakes and other ports of the United States.
(a) If a vessel proceeding from or to a port of the United States on
the Great Lakes to or from any other port of the United States via the
St. Lawrence River is intended to touch at any foreign port and does so
touch, it will be subject to the usual requirements for manifesting,
clearing, report of arrival, entry, payment of fees for entry and
clearance, and tonnage taxes. Vessels which are boarded on the St.
Lawrence River by Canadian authorities for the purposes of inspecting
the vessel and taking a passing report are not deemed
[[Page 54]]
to have touched at a foreign port, provided that no ship's stores are
landed or taken aboard and no other business is transacted at the port
or place of boarding.
(b) A vessel in the coastwise trade only, which is proceeding from a
port of the United States on the Great Lakes via the Hudson River and
otherwise than by sea, may operate under a document with a Great Lakes
license endorsement and shall not be subject to the requirements for
clearance, report of arrival, or entry.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 69-266, 34 FR 20423,
Dec. 31, 1969; T.D. 83-214, 48 FR 46513, Oct. 13, 1983]
Sec. 4.84 Trade with noncontiguous territory.
(a) No foreign vessel shall depart from a port in noncontiguous
territory of the United States for any other port in noncontiguous
territory or for any port in any State or the District of Columbia, nor
from any port in any State or the District of Columbia for any port in
noncontiguous territory, until a clearance for the vessel has been
granted. Such a clearance shall be granted in accordance with the
applicable provisions of Sec. 4.61 of the regulations of this part,
including clearance of a vessel simultaneously engaged in one or more of
the transactions listed in Sec. 4.90(a)(4), (5), or (6) of this part.
When merchandise is laden on a foreign vessel in noncontiguous territory
other than Puerto Rico, for transportation on that vessel to a port in
any State, the District of Columbia, or noncontiguous territory, and
when this transportation is not forbidden by the coastwise laws, the
merchandise may be laden and shipped without shipper's export
declarations.
(b) The master of every foreign vessel arriving at a port in any
State or the District of Columbia or in noncontiguous territory of the
United States from a port in noncontiguous territory to which the
coastwise laws do not apply (e.g., Virgin Islands and American Samoa),
or arriving at any port in noncontiguous territory to which the
coastwise laws do not apply from any place embraced within the coastwise
laws, shall immediately report its arrival and make entry for the vessel
within 48 hours after its arrival.
(c)(1) A vessel which is not required to clear but which is
transporting merchandise from a port in any State or the District of
Columbia to any noncontiguous territory of the United States (excluding
Puerto Rico), or from Puerto Rico to any State or the District of
Columbia, or any other noncontiguous territory, shall not be permitted
to depart without filing a complete manifest, when required by
regulations of the Bureau of the Census (15 CFR part 30), and all
required Shipper's Export Declarations, unless before the vessel departs
an approved bond is filed for the timely production of the required
documents, as specified in 15 CFR 30.24. Requests for permission to
depart may be written or oral and permission to depart shall be granted
orally by the appropriate Customs officer. However, if the request is to
depart prior to the filing of the required manifest and export
declarations, permission shall not be granted unless the appropriate
bond is on file. In the latter case, the Customs officer shall keep a
simplified record of the necessary information in order to assure that
the manifest and export declarations are filed within the required time
period. The Vessel Entrance or Clearance Statement, Customs Form 1300
(see Sec. 4.63(a)), required at the time of clearance is not required to
be taken to obtain permission to depart.
(2) A vessel which is not required to clear but which is
transporting merchandise from a port in any State or the District of
Columbia to Puerto Rico shall file a complete manifest, when required by
the regulations of the Bureau of the Census (15 CFR part 30), and all
required Shipper's Export Declarations within one business day after
arrival, as defined in Sec. 4.2(b) of this part, with the appropriate
Customs officer in Puerto Rico. If the complete manifest and all
required Shipper's Export Declarations are not filed with the
appropriate Customs officer within that time frame, an appropriate bond
shall be filed with the Customs officer for the timely production of the
required documents as specified in 15 CFR 30.24. In these instances when
a bond is filed, the Customs officer shall
[[Page 55]]
keep a simplified record of the necessary information in order to ensure
that the manifest and export declarations are filed not later than the
seventh business day after arrival in Puerto Rico.
(d) Upon arrival of a vessel of the United States at a port in any
State, the District of Columbia, or Puerto Rico from a port in
noncontiguous territory other than Puerto Rico, the master shall
immediately report its arrival and shall prepare, produce, and file a
Cargo Declaration in the form and manner and at the times specified in
Secs. 4.7 and 4.9 but shall not be required to make entry. If the vessel
proceeds directly to another port in any State, the District of
Columbia, or Puerto Rico, the master shall prepare, produce, and file a
Cargo Declaration in the form and manner and at the times specified in
Sec. 4.85 but no permit to proceed on the Vessel Entrance or Clearance
Statement, Customs Form 1300, shall be required for the purposes of this
paragraph. No cargo shall be unladen from any such vessel until Cargo
Declarations have been filed and a permit to unlade has been issued in
accordance with the procedure specified in Sec. 4.30.
(e) No vessel shall bring guano to the United States from a guano
island appertaining to the United States (see 48 U.S.C. 1411) unless
such a vessel is entitled to engage in the coastwide trade.
(f) No vessel owned by a corporation which qualifies as a citizen
under the Act of September 2, 1958 (46 U.S.C. 883-1) shall, while under
demise or bareboat charter from such corporation, be granted clearance
or permitted to depart in trade with noncontiguous territory.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 69-266, 34 FR 20423,
Dec. 31, 1969: T.D. 71-169, 36 FR 12604, July 2, 1971; T.D. 77-255, 42
FR 56323, Oct. 25, 1977; T.D. 79-276, 44 FR 61956, Oct. 29, 1979; T.D.
93-61, 58 FR 41425, Aug. 4, 1993; T.D. 93-96, 58 FR 67317, Dec. 21,
1993; T.D. 00-22, 65 FR 16516, Mar. 29, 2000]
Sec. 4.85 Vessels with residue cargo for domestic ports.
(a) Any foreign vessel or documented vessel with a registry or,
where appropriate, a Great Lakes license endorsement, arriving from a
foreign port with cargo or passengers manifested for ports in the United
States other than the port of first arrival, may proceed with such cargo
or passengers from port to port, provided a bond on Customs Form 301,
containing the bond conditions set forth in Sec. 113.64 of this chapter
relating to international carriers in a suitable amount is on file with
the director of the port of first entry.115 No additional
bond shall be required at subsequent ports of entry. Before the vessel
departs from the port of first arrival, the master shall obtain from the
port director a certified copy of the complete inward foreign manifest
(hereinafter referred to as the traveling manifest). The certified copy
shall have a legend similar to the following endorsed on the Vessel
Entrance or Clearance Statement, Customs Form 1300:
---------------------------------------------------------------------------
\115\ ``* * * Any vessel arriving from a foreign port or place
having on board merchandise shown by the manifest to be destined to a
port or ports in the United States other than the port of entry at which
such vessel first arrived and made entry may proceed with such
merchandise from port to lading thereof.'' (Tariff Act of 1930, sec.
442; 19 U.S.C. 1442)
116-118 [Reserved]
---------------------------------------------------------------------------
_______________________________________________________________________
Port Date
Certified to be a true copy of the original inward foreign manifest.
_______________________________________________________________________
Signature and title
(b)(1) Before a vessel proceeds from one domestic port to another
with cargo or passengers on board as described in paragraph (a) of this
section, the master must present to the director of such port of
departure an application in triplicate on Customs Form 1300 for a permit
to proceed to the next port. When a port director grants the permit on
Customs Form 1300, the following legend must be endorsed on the form:
Port
Date
Permission is granted to proceed to the port named in item 12.
________________
Signature and title
[[Page 56]]
(2) The duplicate must be attached to the traveling manifest and the
triplicate (the permit to proceed to be delivered at the next port) must
be returned to the master, together with the traveling manifest and the
vessel's document, if on deposit. If no inward foreign cargo or
passengers are to be discharged at the next port, that fact must be
indicated on Customs Form 1300 by inserting ``To load only'' in
parentheses after the name of the port to which the vessel is to
proceed. The traveling Crew's Effects Declaration covering articles
acquired abroad by officers and members of the crew, together with the
unused crewmembers' declarations prepared for such articles, will be
placed in a sealed envelope addressed to the appropriate Customs officer
at the next port and given to the master for delivery.
(c)(1) Upon the arrival of a vessel at the next and each succeeding
domestic port with inward foreign cargo or passengers still on board,
the master must immediately report its arrival and make entry within 48
hours. To make such entry, he must deliver to the port director the
vessel's document, the permit to proceed (Customs Form 1300 endorsed in
accordance with paragraph (b) of this section), the traveling manifest,
and the traveling Crew's Effects Declaration (Customs Form 1304),
together with the crewmembers' declarations received on departure from
the previous port. The master must also present an abstract manifest
consisting of a newly executed Vessel Entrance or Clearance Statement,
Customs Form 1300, a Cargo Declaration, Customs Form 1302, and a
Passenger List, Customs and Immigration Form I-418, in such number of
copies as may be required for local Customs purposes, of any cargo or
passengers on board manifested for discharge at that port, a Crew's
Effects Declaration in duplicate of all unentered articles acquired
abroad by officers and crewmembers which are still on board, a Ship's
Stores Declaration, Customs Form 1303, in duplicate of the sea or ship's
stores remaining on board, and if applicable, the Cargo Declaration
required by Sec. 4.86. If no inward foreign cargo or passengers are to
be discharged, the Cargo Declaration or Passenger List may be omitted
from the abstract manifest, and the following legend must be placed in
item 15 of the Vessel Entrance or Clearance Statement:
Vessel on an inward foreign voyage with residue cargo/passengers for
________. No cargo or passengers for discharge at this port.
(2) The traveling manifest, together with a copy of the newly
executed Vessel Entrance or Clearance Statement, will serve the purpose
of a copy of an abstract manifest at the port where it is finally
surrendered.
(d) If boarding is required before the port director will issue a
permit or special license to lade or unlade, the abstract manifest
described in paragraph (c) of this section shall be ready for
presentation to the boarding officer.
(e) The traveling manifest shall be surrendered to the director of
the final domestic port of discharge of the cargo, except that if
residue foreign cargo remains on board for discharge at a foreign port
or ports, the traveling manifest shall be surrendered at the final port
of departure from the United States. However, it shall not be
surrendered at the port from which the vessel departs for another United
States port, via an intermediate foreign port, under Sec. 4.89 if
residue foreign cargo remains on board for discharge at a subsequent
U.S. port. The traveling Crew's Effects Declaration shall be finally
surrendered to the director of any port from which the vessel will
depart directly for a foreign port.
[T.D. 71-169, 36 FR 12604, July 2, 1971, as amended by T.D. 77-255, 42
FR 56323, Oct. 25, 1977; T.D. 83-214, 48 FR 46513, Oct. 13, 1983; T.D.
84-213, 49 FR 41164, Oct. 19, 1984; T.D. 92-74, 57 FR 35752, Aug. 11,
1992; T.D. 93-96, 58 FR 67317, Dec. 21, 1993; T.D. 94-24, 59 FR 13200,
Mar. 21, 1994; T.D. 00-22, 65 FR 16516, Mar. 29, 2000]
Sec. 4.86 Intercoastal residue--cargo procedure; optional ports.
(a) When a vessel arrives at an Atlantic or Pacific coast port from
a foreign port or ports with residue cargo for delivery at a port or
ports on the opposite coast or on the Great Lakes, or where such arrival
is at a port on the Great Lakes, with residue cargo for delivery at a
port or ports on the Atlantic or Pacific coasts, or both, and the
[[Page 57]]
master, owner, or agent is unable at that time to designate the specific
port or ports of discharge of that residue cargo, the Cargo Declaration,
Customs Form 1302, filed on entry in accordance with Sec. 4.7(b) shall
show such cargo as destined for ``optional ports, Atlantic coast,'' or
``optional ports, Pacific coast,'' or ``optional ports, Great Lakes
coast,'' as the case may be. The traveling manifest shall be similarly
noted. Upon arrival of the vessel at the first port on the next coast,
the master, owner, or agent must designate the port or ports of
discharge of residue cargo as required by section 431, Tariff Act of
1930.
(b) For this purpose, the master shall furnish with the other papers
required upon entry a Cargo Declaration, Customs Form 1302 in original
only of inward foreign cargo remaining on board for discharge at
optional ports on that coast, and the Cargo Declaration, must designate
the specific ports of intended discharge for that cargo. The traveling
manifest shall be amended to agree with that Cargo Declaration so as to
show the newly designated ports of discharge on that coast and shall be
used to verify the abstract Cargo Declarations surrendered at subsequent
ports on that coast.
[T.D. 77-255, 42 FR 56323, Oct 25, 1977]
Sec. 4.87 Vessels proceeding foreign via domestic ports.
(a) Any foreign vessel or documented vessel with a registry or,
where appropriate, a Great Lakes license endorsement may proceed from
port to port in the United States to lade cargo or passengers for
foreign ports.
(b) When applying for a clearance from the first and each succeeding
port of lading, the master must present to the port director a Vessel
Entrance or Clearance Statement, Customs Form 1300, in duplicate and a
Cargo Declaration Outward With Commercial Forms, Customs Form 1302-A, in
accordance with Sec. 4.63(a), of all the cargo laden for export at that
port. The Vessel Entrance or Clearance Statement must clearly indicate
all previous ports of lading.
(c) Upon compliance with the applicable provisions of Sec. 4.61, the
port director will grant the permit to proceed by making the endorsement
prescribed by Sec. 4.85(b) on the Vessel Entrance or Clearance
Statement, Customs Form 1300. One copy will be returned to the master,
together with the vessel's document if on deposit. The traveling Crew's
Effects Declaration, Customs Form 1304, together with any unused
crewmembers' declarations, will be placed in a sealed envelope addressed
to the appropriate Customs officer at the next domestic port and
returned to the master.
(d) On arrival at the next and each succeeding domestic port, the
master must immediately report arrival. He must also make entry within
48 hours by presenting the vessel's document, the permit to proceed on
the Vessel Entrance or Clearance Statement, Customs Form 1300, received
by him upon departure from the last port, a Crew's Effects Declaration,
Customs Form 1304, in duplicate listing all unentered articles acquired
aboard by officers and crew of the vessel which are still retained on
board, and a Ship's Stores Declaration, Customs Form 1303, in duplicate
of the stores remaining aboard. The master must also execute a Vessel
Entrance or Clearance Statement. The traveling Crew's Effects
Declaration, together with any unused crewmembers' declarations returned
to the master at the prior port, will be delivered by him to the port
director.
(e) Clearance shall be granted at the final port of departure from
the United States in accordance with Sec. 4.61.
(f) If a complete Cargo Declaration Outward With Commercial Forms,
Customs Form 1302-A (see Sec. 4.63), and all required shipper's export
declarations are not available for filing before departure of a vessel
from any port, clearance on the Vessel Entrance or Clearance Statement,
Customs Form 1300, may be granted in accordance with Sec. 4.75, subject
to the limitation specified in Sec. 4.75(c).
(g) When the procedure outlined in paragraph (f) of this section is
followed at any port, the owner or agent of the vessel must deliver to
the director of that port within 4 business days after the vessel's
clearance a Cargo Declaration Outward With Commercial Forms, Customs
Form 1302-A (see Sec. 4.63), and
[[Page 58]]
the export declarations to cover the cargo laden for export at that
port.
[T.D. 77-255, 42 FR 56324, Oct. 25 1977, as amended by T.D. 83-214, 48
FR 46513, Oct. 13, 1983; T.D. 84-193, 49 FR 35485, Sept. 10, 1984; T.D.
92-74, 57 FR 35752, Aug. 11, 1992; T.D. 93-96, 58 FR 67317, Dec. 21,
1993; T.D. 00-22, 65 FR 16517, Mar. 29, 2000]
Sec. 4.88 Vessels with residue cargo for foreign ports.
(a) Any foreign vessel or documented vessel with a registry or,
where appropriate, a Great Lakes license endorsement which arrives at a
port in the United States from a foreign port shall not be required to
unlade any merchandise manifested for a foreign destination provided a
bond on Customs Form 301, containing the bond conditions set forth in
Sec. 113.64 of this chapter relating to international carriers in a
suitable amount is on file with the director of the port of first
entry.119
---------------------------------------------------------------------------
\119\ ``Any vessel having on board merchandise shown by the manifest
to be destined to a foreign port or place may, after the report and
entry of such vessel under the provisions of this Act, proceed to such
foreign port of destination with the cargo so destined therefor, without
unlading the same and without the payment of duty thereon. * * *''
(Tariff Act of 1930, sec. 442; 19 U.S.C. 1442)
---------------------------------------------------------------------------
(b) The port director shall designate the items of such merchandise,
if any, for which foreign landing certificates 120 will be
required.
---------------------------------------------------------------------------
\120\ ``The Secretary of the Treasury may by regulations require the
production of landing certificates in respect of merchandise exported
from the United States, or in respect of residue cargo, in cases in
which he deems it necessary for the protection of the revenue.'' (Tariff
Act of 1930, sec. 622; 19 U.S.C. 1622)
---------------------------------------------------------------------------
(c) If the vessel clears directly foreign from the first port of
arrival, cargo brought in from foreign ports and retained on board may
be declared on the Cargo Declaration Outward With Commercial Forms,
Customs Form 1302-A (see Sec. 4.63), by the insertion of the following
statement:
All cargo declared on entry in this port as cargo for discharge at
foreign ports and so shown on the Cargo Declaration filed upon entry has
been and is retained on board.
If any such cargo has been landed, the Cargo Declaration shall describe
each item of the cargo from a foreign port which has been retained on
board (see Sec. 4.63(a).
(d) If the vessel is proceeding to other ports in the United States
with foreign residue cargo on board manifested for discharge at a
foreign port or ports, a procedure like that set forth in Sec. 4.85
shall be followed with respect thereto.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-255, 42 FR 56324,
Oct. 25, 1977; T.D. 83-214, 48 FR 46513, Oct. 13, 1983; T.D. 84-193, 49
FR 35485, Sept. 10, 1984; 49 FR 41164, Oct. 19, 1984]
Sec. 4.89 Vessels in foreign trade proceeding via domestic ports and touching at intermediate foreign ports.
(a) A vessel proceeding from port to port in the United States in
accordance with Secs. 4.85, 4.86, or 4.87 may touch at an intermediate
foreign port or ports to lade or discharge cargo or passengers. In such
a case the vessel shall obtain clearance from the last port of departure
in the United States before proceeding to the intermediate foreign port
or ports at which it is intended to touch. The Cargo Declaration Outward
With Commercial Forms, Customs Form 1302-A (see Sec. 4.63), shall show
the cargo for such foreign destination in the manner provided in
Sec. 4.88(c).
(b) The master shall also present to the port director the Cargo
Declaration or Cargo Declarations required by Secs. 4.85, 4.86, or 4.87,
and obtain a permit to proceed on the Vessel Entrance or Clearance
Statement, Customs Form 1300, to the next port in the United States at
which the vessel will touch.
(c) Upon arrival at the next port in the United States after
touching at a foreign port or ports a report of arrival and entry shall
be made. The Cargo Declaration, Customs Form 1302, filed at time of
entry shall list the cargo laden at the intermediate foreign port or
ports.
(d) The master shall also present to the port director the permit to
proceed on the Vessel Entrance or Clearance Statement, Customs Form
1300, and the Cargo Declaration from the last
[[Page 59]]
previous port in the United States as provided for in Secs. 4.85, 4.86,
or 4.87.
[T.D. 77-255, 42 FR 56324, Oct. 25, 1977, as amended by T.D. 84-193, 49
FR 35485, Sept. 10, 1984; T.D. 00-22, 65 FR 16517, Mar. 29, 2000]
Sec. 4.90 Simultaneous vessel transactions.
(a) A vessel may proceed from port to port in the United States for
the purpose of engaging in two or more of the following transactions
simultaneously,121 subject to the limitations hereafter
mentioned in this section and the conditions stated in the sections
indicated in the list:
---------------------------------------------------------------------------
\121\ For the purposes of this part, an inward foreign voyage is
completed at the port of final discharge of inbound passengers or cargo,
and an outward foreign voyage begins at the port where cargo or
passengers are first laden for carriage to a foreign destination.
(1) Coastwise trade (Sec. 4.80).
(2) Touching at a foreign port while in coastwise trade (Sec. 4.82).
(3) Trade with noncontiguous territory of the United States
(Sec. 4.84).
(4) Carriage of residue cargo or passengers from foreign ports
(Secs. 4.85-4.86).
(5) Carriage of cargo or passengers laden for foreign ports
(Sec. 4.87).
(6) Carriage of residue cargo for foreign ports (Sec. 4.88).
(b) When a vessel is engaged simultaneously in two or more such
transactions, the master shall indicate each type of transaction in
which the vessel is engaged in his application for clearance on Customs
Form 1300. The master shall conform simultaneously to all requirements
of these regulations with respect to each transaction in which the
vessel is engaged.
(c) A foreign vessel is not authorized by this section to engage in
the coastwise trade, including trade with noncontiguous territory
embraced within the coastwise laws.
(d) A documented vessel may engage in transactions (2), (4), (5), or
(6) only if the vessel's document has a registry or, where appropriate,
a Great Lakes license endorsement. Such a vessel shall not engage in
transactions (1) or (3) unless permitted by the endorsement on its
Certificate of Documentation to do so.
(e) When a single entry bond, containing the bond conditions set
forth in Sec. 113.64, relating to international carriers, is filed at
any port and it is applicable to the current voyage of the vessel, it
shall cover all other transactions engaged in on that voyage of a like
nature and another bond containing the international carrier bond
conditions need not be filed.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 71-169, 36 FR 12605,
July 2, 1971; T.D. 83-214, 48 FR 46513, Oct. 13, 1983; T.D. 84-213, 49
FR 41164, Oct. 19, 1984; T.D. 00-22, 65 FR 16517, Mar. 29, 2000]
Sec. 4.91 Diversion of vessel; transshipment of cargo.
(a) If any vessel granted a permit to proceed from one port in the
United States for another such port as provided for in Secs. 4.81(e),
4.85, 4.87, or 4.88, is, while en route, diverted to a port in the
United States other than the one specified in the permit to proceed
(Customs Form 1300),122 the owner or agent of the vessel
immediately shall give notice of the diversion to the port director who
granted the permit, informing him of the new destination of the vessel
and requesting him to notify the director of the latter port. Such
notification by the port director shall constitute an amendment of the
permit previously granted, shall authorize the vessel to proceed to the
new destination, and shall be filed by the director of the latter port
with the Form 1300 submitted on entry of the vessel.
---------------------------------------------------------------------------
\122\ See Sec. 4.33.
---------------------------------------------------------------------------
(b) If any vessel cleared from a port in the United States for a
foreign port as provided for in Sec. 4.60 is diverted, while en route,
to a port in the United States other than that from which it was
cleared, the owner or agent of the vessel immediately shall give notice
of the diversion to the port director who granted the clearance,
informing him of the new destination of the vessel and requesting him to
notify the director of the latter port. Such notification by the port
director shall constitute a permit to proceed coastwise, and shall
authorize the vessel to proceed to the new destination. On arrival at
the new destination, the master shall immediately report arrival. He
shall also make
[[Page 60]]
entry within 48 hours by presenting (1) the vessel's document, (2) the
foreign clearance on Form 1300 granted by the director of the port of
departure, (3) a certificate that when the vessel was cleared from the
last previous port in the United States there were on board cargo and/or
passengers for the ports named in the foreign clearance certificate only
and that additional cargo or passengers (have) (have not) been taken on
board or discharged since such clearance was granted (specifying the
particulars if any passengers or cargo were taken on board or
discharged), (4) a Crew's Effects Declaration in duplicate of all
unentered articles acquired abroad by the officers and crew of the
vessel which are still retained on board, and (5) a Ship's Stores
Declaration in duplicate of the stores on board.
(c) In a case of necessity, a port director may grant an application
on Customs Form 3171 of the owner or agent of an established line for
permission to transship 123 all cargo and passengers from one
vessel of the United States to another such vessel under Customs
supervision, if the first vessel is transporting residue cargo for
domestic or foreign ports or is on an outward foreign voyage or a voyage
to noncontiguous territory of the United States, and is following the
procedure prescribed in Secs. 4.85, 4.87, or 4.88. When inward foreign
cargo or passengers are so transshipped to another vessel, a separate
traveling manifest (Cargo Declaration, Customs Form 1302, or Passenger
List, Customs and Immigration Form I-418) shall be used for the
transshipped cargo or passengers, whether or not the forwarding vessel
is also carrying other residue cargo or passengers. An appropriate
cross-reference shall be made on the separate traveling manifest to show
whether any other traveling manifest is being carried forward on the
same vessel.
---------------------------------------------------------------------------
\123\ See Sec. 4.31.
124 [Reserved]
[T.D. 71-169, 36 FR 12605, July 2, 1971, as amended by T.D. 77-255, 42
FR 56324, Oct. 25, 1977; T.D. 93-96, 58 FR 67317, Dec. 21, 1993; T.D.
00-22, 65 FR 16517, Mar. 29, 2000]
Sec. 4.92 Towing.
No vessel other than a vessel documented for the coastwise or Great
Lakes trade, or which would be entitled to be so documented except for
its tonnage (see Sec. 4.80), may tow a vessel other than a vessel in
distress between points in the U.S. embraced within the coastwise laws,
or for any part of such towing (46 U.S.C. App. 316(a)). The penalties
for violation of this prohibition are a fine of from $250 to $1000
against the owner or master of the towing vessel and a further penalty
against the towing vessel of $50 per ton of the towed vessel.
[T.D. 93-12, 58 FR 13197, Mar. 10, 1993]
Sec. 4.93 Coastwise transportation by certain vessels of empty vans, tanks, and barges, equipment for use with vans and tanks; empty instruments of
international traffic; stevedoring equipment and material;
procedures.
(a) Vessels of the United States prohibited from engaging in the
coastwise trade and vessels of nations found to grant reciprocal
privileges to vessels of the United States may transport the following
articles between points embraced within the coastwise laws of the United
States:
(1) Empty cargo vans, empty lift vans, and empty shipping tanks;
equipment for use with cargo vans, lift vans, or shipping tanks; empty
barges specifically designed for carriage aboard a vessel and equipment,
excluding propulsion equipment, for use with such barges; and empty
instruments of international traffic exempted from application of the
Customs laws by the Secretary of the Treasury pursuant to the provisions
of section 322(a), Tariff Act of 1930 (19 U.S.C. 1322(a)), if such
articles are owned or leased by the owner or operator of the
transporting vessel and are transported for his use in handling his
cargo in foreign trade.
(2) Stevedoring equipment and material, if such equipment and
material is owned or leased by the owner or operator of the transporting
vessel, or is owned or leased by the stevedoring company contracting for
the lading or
[[Page 61]]
unlading of that vessel, and is transported without charge for use in
the handling of cargo in foreign trade.125
---------------------------------------------------------------------------
\125\ ``* * * Provided further, That upon such terms and conditions
as the Secretary of the Treasury by regulation may prescribe, and, if
the transporting vessel is of foreign registry, upon a finding by the
Secretary of the Treasury, pursuant to information obtained and
furnished by the Secretary of State, that the government of the nation
of registry extends reciprocal privileges to vessels of the United
States, this section shall not apply to the transportation by vessels of
the United States not qualified to engage in the coastwise trade, or by
vessels of foreign registry, of (a) empty cargo vans, empty lift vans,
and empty shipping tanks, (b) equipment for use with cargo vans, lift
vans, or shipping tanks, (c) empty barges specifically designed for
carriage aboard a vessel, and (d) any empty instrument for international
traffic exempted from application of the customs laws by the Secretary
of the Treasury pursuant to the provisions of section 322(a), Tariff Act
of 1930 (19 U.S.C. 1322(a)), if the articles described in clauses (a)
through (d) are owned or leased by the owner or operator of the
transporting vessel and are transported for his use in handling his
cargo in foreign trade; and (e) stevedoring equipment and material, if
such equipment and material is owned or leased by the owner or operator
of the transported vessel, or is owned or leased by the stevedoring
company contracting for the lading or unlading of that vessel, and is
transported without charge for use in the handling of cargo in foreign
trade.'' (46 U.S.C. 883).
126-130 [Reserved]
---------------------------------------------------------------------------
(b)(1) The following nations have been found to extend privileges
reciprocal to those provided in paragraph (a) of this section for empty
cargo vans, empty lift vans, and empty shipping tanks to vessels of the
United States:
Antigua and Barbuda.
Australia.
Austria.
Bahamas, The.
Bahrain
Belgium.
Bermuda.
Brazil.
Canada.
Chile.
China*.
Colombia.
Cyprus.
Denmark.
Ecuador.
Finland.
France.
Guatemala.
Germany, Federal Republic of.
Greece.
Iceland.
India.
Iran.
Ireland.
Israel.
Italy.
Ivory Coast.
Japan.
Kuwait.
Liberia.
Luxembourg.
Malta.
Marshall Islands, Republic of the.
Mexico.
Netherlands.
Netherlands Antilles.
Norway.
Pakistan.
Philippines.
Polish People's Republic.
Portugal.
Republic of Korea.
Republic of Panama.
Republic of Singapore.
Republic of Zaire.
St. Vincent and the Grenadines.
Saudi Arabia.
South Africa.
Spain.
Sweden.
Taiwan.
Union of Soviet Socialist Republics.
United Arab Emirates.
United Kingdom (including The Cayman Islands and Hong Kong).
Vanuatu, Republic of.
Yugoslavia, Socialist Federal Republic of.
*See also Taiwan.
(2) The following nations have been found to extend similar
reciprocal privileges in respect to the other articles mentioned in
paragraph (a) of this section:
Antigua and Barbuda.
Australia.
Austria.
Bahamas, The.
Bahrain
Belgium.
Bermuda.
Brazil.
Chile.
Colombia.
Denmark.
Federal Republic of Germany.
Finland.
France.
Greece.
Guatemala.
Iceland.
India.
Ireland.
Israel.
[[Page 62]]
Italy.
Ivory Coast.
Kuwait.
Liberia.
Luxembourg.
Malta.
Mexico.
Netherlands.
Netherlands Antilles.
Norway.
Polish People's Republic.
Portugal.
Republic of Korea.
Republic of Panama.
Republic of Singapore.
Republic of Zaire.
St. Vincent and the Grenadines.
South Africa.
Spain.
Sweden.
Taiwan.
Union of Soviet Socialist Republics.
United Arab Emirates.
United Kingdom (including The Cayman Islands and Hong Kong).
Vanuatu, Republic of.
(c) Any Cargo Declaration, Customs Form 1302, required to be filed
under this part by any foreign vessel shall describe any article
mentioned in paragraph (a) of this section laden aboard and transported
from one United States port to another, giving its identifying number or
symbol, if any, or such other identifying data as may be appropriate,
the names of the shipper and consignee, and the destination. The Cargo
Declaration shall also include a statement (1) that the articles
specified in paragraph (a)(1) of this section are owned or leased by the
owner or operator of the transporting vessel and are transported for his
use in handing his cargo in foreign trade; or (2) that the stevedoring
equipment and material specified in paragraph (a)(2) of this section is
owned or leased by the owner or operator of the transporting vessel, or
is owned or leased by the stevedoring company contracting for the lading
or unlading of that vessel, and is transported without charge for his
use in handling his cargo in foreign trade. If the director of the port
of lading is satisfied that there will be sufficient control over the
coastwise transportation of the article without identifying it by number
or symbol or such other identifying data on the Cargo Declaration, he
may permit the use of a Cargo Declaration that does not include such
information provided the Cargo Declaration includes a statement, that
the director of the port of unlading will be presented with a statement
at the time of entry of the vessel that will list the identifying number
or symbol or other appropriate identifying data for the article to be
unladen at that port. Applicable penalties under section 584, Tariff Act
of 1930, as amended (19 U.S.C. 1584), shall be assessed for violation of
this paragraph.
[T.D. 68-302, 33 FR 18436, Dec. 12, 1968]
Editorial Note: For Federal Register citations affecting Sec. 4.93,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
General
Sec. 4.94 Yacht privileges and obligations.
(a) Any documented vessel with a pleasure license endorsement, as
well as any undocumented American pleasure vessel, shall be used
exclusively for pleasure and shall not transport merchandise nor carry
passengers for pay. Such a vessel which is not engaged in any trade nor
in any way violating the Customs or navigation laws of the U.S. may
proceed from port to port in the U.S. or to foreign ports without
clearing and is not subject to entry upon its arrival in a port of the
U.S., provided it has not visited a hovering vessel, received
merchandise while in the customs waters beyond the territorial sea, or
received merchandise while on the high seas. Such a vessel shall
immediately report arrival to Customs when arriving in any port or place
within the U.S., including the U.S. Virgin Islands, from a foreign port
or place.
(b) A cruising license may be issued to a yacht of a foreign country
only if it has been made to appear to the satisfaction of the Secretary
of the Treasury that yachts of the United States are allowed to arrive
at and depart from ports in such foreign country and to cruise in the
waters of such ports without entering or clearing at the customhouse
thereof and without the payment of any charges for entering or clearing,
dues, duty per ton, tonnage, taxes, or charges for cruising licenses. It
has been made to appear to the satisfaction of the Secretary of the
Treasury that yachts of the United States
[[Page 63]]
are granted such privileges in the following countries:
Argentina.
Australia.
Austria.
Bahama Islands.
Belgium.
Bermuda.
Canada.
Denmark.
Finland.
France.
Germany, Federal Republic of.
Great Britain (including Turks and Caicos Islands; St. Vincent
(including the territorial waters of the Northern Grenadine Islands),
the Cayman Islands, the St. Christopher - Nevis - Anguilla Islands and
the British Virgin Islands).
Greece.
Honduras.
Ireland.
Italy.
Jamaica.
Liberia.
Netherlands.
New Zealand.
Norway.
Sweden.
Switzerland.
Turkey.
(c) In order to obtain a cruising license for a yacht of any country
listed in paragraph (b) of this section, there shall be filed with the
port director an application therefor executed by either the yacht owner
or the master which shall set forth the owner's name and address and
identify the vessel by flag, rig, name, and such other matters as are
usually descriptive of a vessel. The application shall also include a
description of the waters in which the yacht will cruise, and a
statement of the probable time it will remain in such waters. Upon
approval of the application, the port director will issue a cruising
license in the form prescribed by paragraph (d) of this section
permitting the yacht, for a stated period not to exceed one year, to
arrive and depart from the United States and to cruise in specified
waters of the United States without entering and clearing, without
filing manifests and obtaining or delivering permits to proceed, and
without the payment of entrance and clearance fees, or fees for
receiving manifests and granting permits to proceed, duty on tonnage,
tonnage tax, or light money. The license shall be granted subject to the
condition that the vessel shall not engage in trade or violate the laws
of the United States in any respect. Upon the vessel's arrival at any
port or place within the U.S. or the U.S. Virgin Islands, the master
shall comply with 19 U.S.C. 1433 by immediately reporting arrival at the
nearest Customs facility or other place designated by the port director.
Individuals shall remain on board until directed otherwise by the
appropriate Customs officer, as provided in 19 U.S.C. 1459.
(d) Cruising licenses shall be in the following form:
License To Cruise in the Waters of the United States
To Port Directors:
For a period of --------from--------(Date) the--------(Flag) ------
--(Rig) yacht --------(Name) belonging to ---------------- of (Owner's
name) ----------------(Address) shall be permitted to arrive at and
depart from the United States and to cruise in the waters of the Customs
port of
_______________________________________________________________________
(Name of port or ports)
without entering and clearing, without filing manifests and obtaining or
delivering permits to proceed, and without the payment of entry and
clearance fees, or fees for receiving manifests and granting permits to
proceed, duty on tonnage, tonnage tax, or light money.
This license is granted subject to the condition that the yacht
named herein shall not engage in trade or violate the laws of the United
States in any respect. Upon arrival at each port or place in the United
States, the master shall report the fact of arrival to the Customs
officer at the nearest customhouse. Such report shall be immediately
made.
Issued this ----day of ----------, 19--
_______________________________________________________________________
(Port Director of Customs)
Warning: This vessel is dutiable:
(1) If owned by a resident of the United States (including Puerto
Rico), or brought into the United States (including Puerto Rico), for
sale or charter to a resident thereof, or
(2) If brought into the United States (including Puerto Rico) by a
nonresident free of duty as part of personal effects and sold or
chartered within one year from date of entry.
Any offer to sell or charter (for example, a listing with yacht
brokers or agents) is considered evidence that the vessel was brought in
for sale or charter to a resident or, if made within one year of entry
of a vessel brought in free of duty as personal effects, that the vessel
no longer is for the personal use of the non-resident.
[[Page 64]]
If the vessel is sold or chartered, or offered for sale or charter,
in the circumstances described, without the owner first having filed a
consumption entry and having paid duty, the vessel may be subject to
seizure or to a monetary claim equal to the value of the vessel. See
Chapter 89, Additional U.S. Note 1, HTSUS, and subheadings 8903.10,
8903.91, 8903.92, 8903.99.10, 8903.99.20, and 8903.99.90, HTSUS.
(e) A foreign-flag yacht which is not in possession of a cruising
license shall be required to comply with the laws applicable to foreign
vessels arriving at, departing from, and proceeding between ports of the
United States.
[T.D. 69-266, 34 FR 20423, Dec. 31, 1969]
Editorial Note: For Federal Register citations affecting Sec. 4.94,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Sec. 4.95 Records of entry and clearance of vessels.
Permanent records shall be prepared at each customhouse of all
entries of vessels on Customs Form 1400 and of all clearances and
permits to proceed on Customs Form 1401. Whenever a vessel is diverted,
as provided for in Sec. 4.91 (a) or (b), Customs Form 1401 shall be
amended to show the new destination. [MCLs \8/42\; \22/42\ FACLs 78,
Supp. \2/42\; 84, Supp. \2/42\. TDs 50617, 52258, 52583, 52608, 52681,
52958, 53336, 54421.] These records shall be open to public inspection.
[T.D. 82-224, 47 FR 53727, Nov. 29, 1982]
Sec. 4.96 Fisheries.
(a) As used in this section:
(1) The term ``convention vessel'' means a Canadian fishing vessel
which, at the time of its arrival in the United States, is engaged only
in the North Pacific halibut fishery and which is therefore entitled to
the privileges provided for by the Halibut Fishing Vessels Convention
between the United States and Canada signed at Ottawa, Canada, on March
24, 1950 (T.D. 52862);
(2) The term ``nonconvention fishing vessel'' means any vessel other
than a convention vessel which is employed in whole or in part in
fishing at the time of its arrival in the United States and
(i) Which is documented under the laws of a foreign county,
(ii) Which is undocumented, of 5 net tons or over, and owned in
whole or in part by a person other than a citizen of the United States,
or
(iii) Which is undocumented, of less than 5 net tons, and owned in
whole or in part by a person who is neither a citizen nor a resident of
the United States;
(3) The term ``nonconvention cargo vessel'' means any vessel which
is not employed in fishing at the time of its arrival in the United
States, but which is engaged in whole or in part in the transportation
of fish or fish products 131a and
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\131a\ Except as otherwise provided by treaty or convention to which
the United States is a party, no foreign-flag vessel shall, whether
documented as a cargo vessel or otherwise, land in a port of the United
States its catch of fish taken on board such vessels on the high seas or
fish products processed therefrom, or any fish or fish products taken on
board such vessel on the high seas from a vessel engaged in fishing
operations or in the processing of fish or fish products.'' (46 U.S.C.
251)
132 [Reserved]
---------------------------------------------------------------------------
(i) Which is documented under the laws of a foreign country or
(ii) Which is undocumented and owned by a person other than a
citizen of the United States;
(4) The term ``treaty vessel'' means a Canadian fishing vessel which
at the time of its arrival in the United States is engaged in the
albacore tuna fishery and which is therefore entitled to the privileges
provided for by the treaty with Canada on Pacific Coast Albacore Tuna
Vessels and Port Privileges, entered into force at Ottawa, Canada, on
July 29, 1981 (T.D. 81-227); and
(5) The term ``fishing'' means the planting, cultivation, or taking
of fish, shell fish, marine animals, pearls, shells, or marine
vegetation, or the transportation of any of those marine products to the
United States by the taking vessel or another vessel under the complete
control and management of a common owner or bareboat charterer.
(b) Except as otherwise provided by treaty or convention to which
the United States is a party (see paragraphs (d) and (g) of this
section), no foreign-flag vessel shall, whether documented as a cargo
vessel or otherwise, land in a port of the United States its
[[Page 65]]
catch of fish taken on board such vessel on the high seas or fish
products processed therefrom, or any fish or fish products taken on
board such vessel on the high seas from a vessel engaged in fishing
operations or in the processing of fish or fish products. (46 U.S.C.
251). This prohibition applies regardless of the intended ultimate
disposition of the fish or fish products (e.g., it applies to
transshipments from the foreign vessel to another vessel in United
States territorial waters; it applies to landing for transshipment in
bond to Canada or Mexico; it applies to landing for exportation under
bond; and it applies to landing in a Foreign Trade Zone). However, the
prohibition is limited to fish, or fish products processed therefrom,
taken on board the foreign vessel on the high seas.
(c) A vessel of the United States to be employed in the fisheries
must have a Certificate of Documentation endorsed with a fishery
license. ``Fisheries'' includes processing, storing, transporting
(except in foreign commerce), planting, cultivating, catching, taking,
or harvesting fish, shellfish, marine animals, pearls, shells, or marine
vegetation in the navigable waters of the United States or the exclusive
economic zone.
(d) A convention vessel may come into a port of entry on the Pacific
coast of the United States, including Alaska, to land its catch of
halibut and incidentally-caught sable fish, or to secure supplies,
equipment, or repairs. Such a vessel may come into any other port of
entry or, if properly authorized to do so under Sec. 101.4(b) of this
chapter, into any place other than a port of entry, for the purpose of
securing supplies, equipment, or repairs only, but shall not land its
catch. A convention vessel which comes into the United States as
provided for in this paragraph shall comply with the usual requirements
applicable to foreign vessels arriving at and departing from ports of
the United States.
(e) A nonconvention fishing vessel, other than a treaty vessel, may
come into a port of entry in the United States or, if granted permission
under Sec. 101.4(b) of this chapter, into a place other than a port of
entry for the purpose of securing supplies, equipment, or repairs, but
shall not land its catch. A nonconvention fishing vessel which comes
into the United States as provided for in this paragraph shall comply
with the usual requirements applicable to foreign vessels arriving at
and departing from ports of the United States.
(f) A nonconvention cargo vessel, although not prohibited by law
from coming into the United States, shall not be permitted to land in
the United States its catch of fish taken on the high seas or any fish
or fish products taken on board on the high seas from a vessel employed
in fishing or in the processing of fish or fish products, but may land
fish taken on board at any place other than the high seas upon
compliance with the usual requirements. Before any such fish may be
landed the master shall satisfy the port director that the fish were not
taken on board on the high seas by presenting declarations of the master
and two or more officers or members of the crew of the vessel, of whom
the person next in authority to the master shall be one, or other
evidence acceptable to the port director which establishes the place of
lading to his satisfaction.
(g) A treaty vessel may come into a port or place of the United
States named in Annex B of the Treaty with Canada on Pacific Coast
Albacore Tuna Vessels and Port Privileges to land its catch of albacore
tuna, or to secure fuel, supplies, equipment and repairs. Such a vessel
may come into any other port of entry or, if properly authorized to do
so under Sec. 101.4(b) of this chapter, into any place other than a port
of entry, for the purpose of securing supplies, equipment, or repairs
only, but shall not land its catch. A treaty vessel which comes into the
United States as provided for in this paragraph shall comply with the
usual requirements applicable to foreign vessels arriving at and
departing from ports of the United States.
(h) A convention vessel, a nonconvention fishing vessel, a
nonconvention cargo vessel, or a treaty vessel, which arrives in the
United States in distress shall be subject to the usual requirements
applicable to foreign vessels arriving in distress. While in the United
States, supplies, equipment, or repairs
[[Page 66]]
may be secured, but, except as specified in the next sentence, fish
shall not be landed unless the vessel's master, or other authorized
representative of the owner, shows to the satisfaction of the port
director that it will not be possible, by the exercise of due diligence,
for the vessel to transport its catch to a foreign port without
spoilage, in which event the port director may allow the vessel upon
compliance with all applicable requirements, to land, transship, or
otherwise dispose of its catch. Nothing herein shall prevent, upon
compliance with normal Customs procedures, a convention vessel arriving
in distress from landing its catch of halibut and incidentally-caught
sable fish at a port of entry on the Pacific coast, including Alaska; a
foreign cargo vessel arriving in distress from landing its cargo of fish
taken on board at any place not on the high seas; or a treaty vessel
arriving in distress from landing its catch of albacore tuna at a port
of entry on the Pacific coast, including Alaska.
[T.D. 82-144, 47 FR 35182, Aug. 13, 1982, as amended by T.D. 83-214, 48
FR 46513, Oct. 13, 1983; T.D. 83-214, 48 FR 50075, Oct. 31, 1983; T.D.
93-12, 58 FR 13197, Mar. 10, 1993]
Sec. 4.97 Salvage vessels.
(a) Only a vessel of the United States, a numbered motorboat owned
by a citizen, or a vessel operating within the purview of paragraph (d)
or (e) of this section, shall engage in any salvage operation in
territorial waters of the United States unless an application addressed
to the Commissioner of Customs to use another specified vessel in a
completely described operation has been granted.133
---------------------------------------------------------------------------
\133\ ``No foreign vessel shall, under penalty of forfeiture, engage
in salvaging operations on the Atlantic or Pacific coast of the United
States, in any portion of the Great Lakes or their connecting or
tributary waters, including any portion of the Saint Lawrence River
through which the international boundary line extends, or in territorial
waters of the United States on the Gulf of Mexico, except when
authorized by a treaty or in accordance with the provisions of section
725 of this title: Provided, however, That if, on investigation, the
Secretary of the Treasury is satisfied that no suitable vessel wholly
owned by a person who is a citizen of the United States and documented
under the laws of the United States or numbered pursuant to section 288
of this title, is available in any particular locality he may authorize
the use of a foreign vessel or vessels in salvaging operations in that
locality and no penalty shall be incurred for such authorized use.'' (46
U.S.C. 316(d))
``Nothing in this section shall be held or construed to prohibit or
restrict any assistance to vessels or salvage operations authorized by
Article II of the treaty between the United States and Great Britain
`concerning reciprocal rights for United States and Canada in the
conveyance of prisoners and wrecking and salvage' signed at Washington,
May 18, 1908 (35 Stat. 2036), or by the treaty between the United States
and Mexico `to facilitate assistance to and salvage of vessels in
territorial waters,' signed at Mexico City, June 13, 1935 (49 Stat.
3359).'' (46 U.S.C. 316(e))
---------------------------------------------------------------------------
(b) Upon receipt of such an application, the Commissioner of Customs
will cause an investigation to be made immediately to determine whether
a suitable vessel of the United States or a suitable numbered motorboat
owned by a citizen is available for the operation. If he finds that no
such vessel is available and that the facts otherwise warrant favorable
action, he will grant the application.
(c) If the application is granted, the applicant shall make a full
report of the operation as soon as possible to the director of the port
nearest the place where the operation was conducted.
(d) A Canadian vessel may engage in salvage operations on any vessel
in any territorial waters of the United States in which Canadian vessels
are permitted to conduct such operations by article II of the treaty
between the United States and Great Britain signed on May 18,
1908,134 or by section 725,
[[Page 67]]
title 46, United States Code.135 If any such vessel engages
in a salvage operation in territorial waters of the United States, the
owner or master of the vessel shall make a full report of the operation
as soon as possible to the director of the port nearest the place where
the operation was conducted.
---------------------------------------------------------------------------
\134\ ``The High Contracting Parties agree that vessels and wrecking
appliances, either from the United States or from the Dominion of
Canada, may salve any property wrecked and may render aid and assistance
to any vessels wrecked, disabled or in distress in the waters or on the
shores of the other country in that portion of the St. Lawrence River
through which the International Boundary line extends, and, in Lake
Ontario, Lake Erie, Lake St. Clair, Lake Huron, and Lake Superior, and
in the Rivers Niagara, Detroit, St. Clair, and Ste. Marie, and the
Canals at Sault Ste. Marie, and on the shores and in the waters of the
other country along the Atlantic and Pacific Coasts within a distance of
thirty miles from the International Boundary on such Coasts.
``It is further agreed that such reciprocal wrecking and salvage
privileges shall include all necessary towing incident thereto, and that
nothing in the Customs, Coasting or other laws or regulations of either
country shall restrict in any manner the salving operations of such
vessels or wrecking appliances.
``Vessels from either country employed in salving in the waters of
the other shall, as soon as practicable afterwards, make full report at
the nearest custom house of the country in whose waters such salving
takes place.'' (35 Stat. 2036)
\135\ ``Canadian vessels and wrecking appurtenance may render aid
and assistance to Canadian or other vessels and property wrecked,
disabled, or in distress in the waters of the United States contiguous
to the Dominion of Canada.
``This section shall be construed to apply to the canal and
improvement of the waters between Lake Erie and Lake Huron, and to the
waters of the Saint Mary's River and Canal: * * *.'' (46 U.S.C. 725)
The waters of Lake Michigan are not contiguous to the Dominion of
Canada within the meaning of this statute.
---------------------------------------------------------------------------
(e) A Mexican vessel may engage in a salvage operation on a Mexican
vessel in any territorial waters of the United States in which Mexican
vessels are permitted to conduct such operations by the treaty between
the United States and Mexico signed on June 13, 1935.136
---------------------------------------------------------------------------
\136\ ``The High Contracting Parties agree that vessels and rescue
apparatus, public or private, of either country, may aid or assist
vessels of their own nationality, including the passengers and crews
thereof, which may be disabled or in distress on the shores or within
the territorial waters of the other country within a radius of seven
hundred and twenty nautical miles of the intersection of the
International Boundary Line and the coast of the Pacific Ocean, or
within a radius of two hundred nautical miles of the intersection of the
International Boundary Line and the coast of the Gulf of Mexico.'' (49
Stat. 3360)
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 69-266, 34 FR 20423,
Dec. 31, 1969]
Sec. 4.98 Navigation fees.
(a)(1) The Customs Service shall publish a General Notice in the
Federal Register and Customs Bulletin periodically, setting forth a
revised schedule of navigation fees for the following services:
Fee No. and description of services
1 Entry of vessel, including American, from foreign port:
(a) Less than 100 net tons.
(b) 100 net tons and over.
2 Clearance of vessel, including American, to foreign port:
(a) Less than 100 net tons.
(b) 100 net tons or over.
3 Issuing permit to foreign vessel to proceed from port to port, and
receiving manifest.
4 Receiving manifest of foreign vessel on arrival from another port,
and granting a permit to unlade.
5 Receiving post entry.
6 [Reserved]
7 Certifying payment of tonnage tax for foreign vessels only.
8 Furnishing copy of official document, including certified outward
foreign manifest, and others not elsewhere enumerated.
The published revised fee schedule shall remain in effect until changed.
(2) The fees shall be calculated in accordance with Sec. 24.17(d)
Customs Regulations (19 CFR 24.17(d)), and be based upon the amount of
time the average service requires of a Customs officer in the fifth step
of GS-9.
(3) The party requesting a vessel service described in paragraph
(a)(1) of this section for which reimbursable overtime compensation is
payable under 19 U.S.C. 267 or 19 U.S.C. 1451 and Sec. 24.16 of this
chapter shall pay only the applicable overtime charge, and not both the
overtime charge and the fee specified in the fee schedule.
(4) The revised fee schedule shall be made available to the public
in Customs offices.
(5) The respective fees shall be designated in correspondence and
reports by the applicable fee number.
(b) Fee 1 shall be collected at the first port of entry only. It
shall not be collected from a vessel entering directly from a port in
noncontiguous territory of the United States nor from one entering at a
port on a northern,
[[Page 68]]
northeastern, or northwestern frontier otherwise than by sea.
(c) Fee 2 shall be collected at the final port of departure from the
United States. It shall be collected from a yacht or public vessel which
obtains a clearance, but shall not be collected from a vessel clearing
directly for a port in noncontiguous territory of the United States nor
from one clearing from a port on the northern, northeastern, or
northwestern frontier otherwise than by sea. It shall be collected only
upon the first clearance each year of a vessel making regular daily
trips between a port of the United States and a port in Canada wholly
upon interior waters not navigable to the ocean.
(d) Fee 3 shall be collected for granting a permit to a foreign
vessel to proceed to another Customs port. It shall be collected from a
foreign vessel clearing directly for a port in noncontiguous territory
of the United States outside its Customs territory. This fee shall not
be collected in the case of a foreign vessel proceeding on a voyage by
sea from one port in the United States to another port via a foreign
port. Only one fee shall be collected in case of simultaneous vessel
transactions.
(e) Fee 4 shall be collected for receiving the manifest of a foreign
vessel arriving from another Customs port. It shall be collected from a
foreign vessel entering directly from a port in noncontiguous territory
of the United States outside its Customs territory. This fee shall not
be collected in the case of a foreign vessel which arrives at one port
in the United States from another port on a voyage by sea via a foreign
port. Only one fee shall be collected in the case of simultaneous vessel
transactions.
(e-1) Fee 5 shall be collected from a foreign or American vessel at
each port where the vessel is required to file a post entry in
accordance with the provisions of Sec. 4.12(a)(3). An original post
entry may be supplemented by additional post entries in instances where
items were omitted from the original post entry. A separate fee shall be
collected for each supplemental post entry made to the original post
entry.
(f) [Reserved]
(g) Fee 7 shall be collected from foreign vessels only.
(h) Fee 8 shall be collected for each copy of any official document,
whether certified or not, furnished to any person other than a
Government officer.
(i) Private and commercial vessels, and passengers aboard commercial
vessels, may be subject to the payment of fees for services provided in
connection with their arrival as set forth in Sec. 24.22 of this
chapter.
(j) The loading or unloading of merchandise or passengers from a
commercial vessel at a U.S. port may cause the harbor maintenance fee
set forth in Sec. 24.24 of this chapter to be assessed.
[T.D. 69-266, 34 FR 20423, Dec. 31, 1969, as amended by T.D. 74-194, 39
FR 26153, July 17, 1974; T.D. 80-25, 45 FR 3572, Jan. 18, 1980; T.D. 82-
224, 47 FR 53727, Nov. 29, 1982; T.D. 84-149, 49 FR 28698, July 16,
1984; T.D. 86-109, 51 FR 21155, June 11, 1986; T.D. 87-44, 52 FR 10211,
Mar. 30, 1987; T.D. 93-85, 58 FR 54282, Oct. 21, 1993]
Sec. 4.99 Forms; substitution.
(a) Customs Forms 1300, 1302, 1302-A, 1303, and 1304 printed by
private parties or foreign governments shall be accepted provided the
forms so printed:
(1) Conform to the official Customs forms in wording arrangement,
style, size of type, and paper specifications;
(2) Conform to the official Customs forms in size, except that:
(i) Each form may be printed on metric A4 size paper, 210 by 297
millimeters (approximately 8\1/4\ by 11\2/3\ inches).
(ii) The vertical format of Customs Forms 1300, 1302-A, 1303, and
1304 may be increased in size up to a maximum of 14 inches.
(iii) Customs Form 1302 may be reduced in size to not less than
either 8\1/2\ by 11 inches or 210 by 297 millimeters (metric A4 size).
If Customs Form 1302 is reduced in size, the size of type used may be
reduced proportionately.
(b) If instructions are printed on the reverse side of the official
Customs form, the instructions may be omitted from the privately printed
forms, but the instructions shall be followed.
(c) The port director, in his discretion, may accept a computer
printout instead of Customs Form 1302 for use at a specific port.
However, to ensure that computer printouts may be used at all
[[Page 69]]
ports, the private party or foreign government first must obtain
specific approval from Headquarters, U.S. Customs Service.
(d) Forms which do not comply with the requirements of this section
are not acceptable without the specific approval of the Commissioner of
Customs.
[T.D. 79-255, 44 FR 57088, Oct. 4, 1979; T.D. 00-22, 65 FR 16517, Mar.
29, 2000]
Sec. 4.100 Licensing of vessels of less than 30 net tons.
(a) The application for a license to import merchandise in a vessel
of less than 30 net tons in accordance with section 6, Anti-Smuggling
Act of August 5, 1935, shall be addressed to the Secretary of the
Treasury and delivered to the directors of the ports where foreign
merchandise is to be imported in such vessel.
(b) The application shall contain the following information:
(1) Name of the vessel, rig, motive power, and home port.
(2) Name and address of the owner.
(3) Name and address of the master.
(4) Net tonnage of the vessel.
(5) Kind of merchandise to be imported.
(6) Country or countries of exportation.
(7) Ports of the United States where the merchandise will be
imported.
(8) Whether the vessel will be used to transport and import
merchandise from a hovering vessel.
(9) Kind of document under which the vessel is operating.
(c) If the port director finds that the applicant is a reputable
person and that the revenue would not be jeopardized by the issuance of
a license, he may issue the license for a period not to exceed 12
months, incorporating therein any special conditions he believes to be
necessary or desirable, and deliver it to the licensee.
(d) The master or owner shall keep the license on board the vessel
at all times and exhibit it upon demand of any duly authorized officer
of the United States. This license is personal to the licensee and is
not transferable.
(e) The Secretary of the Treasury or the port director at whose
office the license was issued may revoke the license if any of its terms
have been willfully or intentionally violated or for any other cause
which may be considered prejudicial to the revenue or otherwise against
the interest of the United States.
[T.D. 72-211, 37 FR 16486, Aug. 15, 1972]
Sec. 4.101 Prohibitions against Customs officers and employees.
No Customs officer or employee shall:
(a) Own, in whole or in part, any vessel except a yacht or other
pleasure boat;
(b) Act as agent, attorney, or consignee for the owner or owners of
any vessel, or of any cargo or lading on board the vessel; or
(c) Import or be concerned directly or indirectly in the importation
of any merchandise for sale into the United States
[T.D. 78-394, 43 FR 49787, Oct. 25, 1978]
PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO BAY NAVAL STATION--Table of Contents
Sec.
7.1 Puerto Rico; spirits and wines withdrawn from warehouse for
shipment to; duty on foreign-grown coffee.
7.2 Insular possessions of the United States other than Puerto Rico.
7.3 Duty-free treatment of goods imported from insular possessions of
the United States other than Puerto Rico.
7.4 Watches and watch movements from U.S. insular possessions.
7.11 Guantanamo Bay Naval Station.
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff
Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i.
Sec. 7.1 Puerto Rico; spirits and wines withdrawn from warehouse for shipment to; duty on foreign-grown coffee.
(a) When spirits and wines are withdrawn from a bonded manufacturing
warehouse for shipment in bond to Puerto Rico pursuant to section 311,
Tariff Act of 1930, as amended,1, 2 the
[[Page 70]]
warehouse withdrawal shall contain on the face thereof a statement of
the kind and quantity of all imported merchandise (in its condition as
imported) and imported containers used in the manufacture and putting up
of such spirits and wines. The duty assessed on the imported merchandise
and containers so used, and their classification and value, shall be
shown on the withdrawal in accordance with Sec. 144.41 of this chapter.
If no imported merchandise or containers have been used, the warehouse
withdrawal shall bear an endorsement to that effect. (See Secs. 191.105
and 191.106 of this chapter.)
---------------------------------------------------------------------------
\1\ [Reserved]
2 ``* * * Distilled spirits and wines which are rectified
in bonded manufacturing warehouses, class six, and distilled spirits
which are reduced in proof and bottled in such warehouses, shall be
deemed to have been manufactured within the meaning of this section and
may be withdrawn as hereinbefore provided, and likewise for shipment in
bond to Puerto Rico, subject to the provisions of this section, and
under such regulations as the Secretary of the Treasury may prescribe,
there to be withdrawn for consumption or be rewarehoused and
subsequently withdrawn for consumption: Provided, That upon withdrawal
in Puerto Rico for consumption, the duties imposed by the customs laws
of the United States shall be collected on all imported merchandise (in
its condition as imported) and imported containers used in the
manufacture and putting up of such spirits and wines in such warehouses:
Provided further, That no internal-revenue tax shall be imposed on
distilled spirits and wines rectified in class six warehouses if such
distilled spirits and wines are exported or shipped in accordance with
the provisions of this section, * * *.'' (Tariff Act of 1930, sec. 311,
as amended; 19 U.S.C. 1311)
---------------------------------------------------------------------------
(b) The spirits and wines shall be forwarded in accordance with the
general provisions of the regulations governing the transportation of
merchandise in bond, part 18 of this chapter.
(c) A regular entry shall be made for all foreign-grown coffee
shipped to Puerto Rico from the United States, but special Customs
invoices shall not be required for such shipments.3
---------------------------------------------------------------------------
\3\ Section 319, Tariff Act of 1930, authorizes the Legislature of
Puerto Rico to impose a duty on coffee imported into Puerto Rico,
including coffee grown in a foreign country coming into Puerto Rico from
the United States, and the Legislature of Puerto Rico has imposed such a
duty.
(Secs. 311, 319, 484(a), 46 Stat. 691, as amended, 696, 722, as amended;
19 U.S.C. 1311, 1319, 1484(a); R.S. 251, as amended, sec. 624, 46 Stat.
---------------------------------------------------------------------------
759 (19 U.S.C. 66, 1624))
[28 FR 14636, Dec. 31, 1963, as amended by T.D. 73-175, 38 FR 17445,
July 2, 1973; T.D. 83-212, 48 FR 46770, Oct. 14, 1983; T.D. 98--16, 63
FR 11004, Mar. 5, 1998]
Sec. 7.2 Insular possessions of the United States other than Puerto Rico.
(a) Insular possessions of the United States other than Puerto Rico
are also American territory but, because those insular possessions are
outside the customs territory of the United States, goods imported
therefrom are subject to the rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United States (HTSUS) except as
otherwise provided in Sec. 7.3 or in part 148 of this chapter. The
principal such insular possessions are the U.S. Virgin Islands, Guam,
American Samoa, Wake Island, Midway Islands, and Johnston Atoll.
Pursuant to section 603(c) of the Covenant to Establish a Commonwealth
of the Northern Mariana Islands in Political Union With the United
States of America, Public Law 94-241, 90 Stat. 263, 270, goods imported
from the Commonwealth of the Northern Mariana Islands are entitled to
the same tariff treatment as imports from Guam and thus are also subject
to the provisions of Sec. 7.3 and of part 148 of this chapter.
(b) Importations into Guam, American Samoa, Wake Island, Midway
Islands, Johnston Atoll, and the Commonwealth of the Northern Mariana
Islands are not governed by the Tariff Act of 1930, as amended, or the
regulations contained in this chapter. The
[[Page 71]]
customs administration of Guam is under the Government of Guam. The
customs administration of American Samoa is under the Government of
American Samoa. The customs administration of Wake Island is under the
jurisdiction of the Department of the Air Force (General Counsel). The
customs administration of Midway Islands is under the jurisdiction of
the Department of the Navy. There is no customs authority on Johnston
Atoll, which is under the operational control of the Defense Nuclear
Agency. The customs administration of the Commonwealth of the Northern
Mariana Islands is under the Government of the Commonwealth.
(c) The Secretary of the Treasury administers the customs laws of
the U.S. Virgin Islands through the United States Customs Service. The
importation of goods into the U.S. Virgin Islands is governed by Virgin
Islands law; however, in situations where there is no applicable Virgin
Islands law or no U.S. law specifically made applicable to the Virgin
Islands, U.S. laws and regulations shall be used as a guide and be
complied with as nearly as possible. Tariff classification of, and rates
of duty applicable to, goods imported into the U.S. Virgin Islands are
established by the Virgin Islands legislature.
[T.D. 97-75, 62 FR 46439, Sept. 3, 1997]
Sec. 7.3 Duty-free treatment of goods imported from insular possessions of the United States other than Puerto Rico.
(a) General. Under the provisions of General Note 3(a)(iv),
Harmonized Tariff Schedule of the United States (HTSUS), the following
goods may be eligible for duty-free treatment when imported into the
customs territory of the United States from an insular possession of the
United States:
(1) Except as provided in Additional U.S. Note 5 to Chapter 91,
HTSUS, and except as provided in Additional U.S. Note 2 to Chapter 96,
HTSUS, and except as provided in section 423 of the Tax Reform Act of
1986, as amended (19 U.S.C. 2703 note), goods which are the growth or
product of any such insular possession, and goods which were
manufactured or produced in any such insular possession from materials
that were the growth, product or manufacture of any such insular
possession or of the customs territory of the United States, or of both,
provided that such goods:
(i) Do not contain foreign materials valued at either more than 70
percent of the total value of the goods or, in the case of goods
described in section 213(b) of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(b)), more than 50 percent of the total value of the
goods; and
(ii) Come to the customs territory of the United States directly
from any such insular possession; and
(2) Goods previously imported into the customs territory of the
United States with payment of all applicable duties and taxes imposed
upon or by reason of importation, provided that:
(i) The goods were shipped from the United States directly to the
insular possession and are returned from the insular possession to the
United States by direct shipment; and
(ii) There was no remission, refund or drawback of such duties or
taxes in connection with the shipment of the goods from the United
States to the insular possession.
(b) Origin of goods. For purposes of this section, goods shall be
considered to be the growth or product of, or manufactured or produced
in, an insular possession if:
(1) The goods are wholly the growth or product of the insular
possession; or
(2) The goods became a new and different article of commerce as a
result of production or manufacture performed in the insular possession.
(c) Foreign materials. For purposes of this section, the term
``foreign materials'' covers any material incorporated in goods
described in paragraph (b)(2) of this section other than:
(1) A material which was wholly the growth or product of an insular
possession or of the customs territory of the United States;
(2) A material which was substantially transformed in an insular
possession or in the customs territory of the United States into a new
and different article of commerce which was then used in an insular
possession in the production or manufacture of a new and different
article which is shipped directly to the United States; or
[[Page 72]]
(3) A material which may be imported into the customs territory of
the United States from a foreign country and entered free of duty
either:
(i) At the time the goods which incorporate the material are
entered; or
(ii) At the time the material is imported into the insular
possession, provided that the material was incorporated into the goods
during the 18-month period after the date on which the material was
imported into the insular possession.
(d) Foreign materials value limitation. For purposes of this
section, the determination of whether goods contain foreign materials
valued at more than 70 or 50 percent of the total value of the goods
shall be made based on a comparison between:
(1) The landed cost of the foreign materials, consisting of:
(i) The manufacturer's actual cost for the materials or, where a
material is provided to the manufacturer without charge or at less than
fair market value, the sum of all expenses incurred in the growth,
production, or manufacture of the material, including general expenses,
plus an amount for profit; and
(ii) The cost of transporting those materials to the insular
possession, but excluding any duties or taxes assessed on the materials
by the insular possession and any charges which may accrue after
landing; and
(2) The final appraised value of the goods imported into the customs
territory of the United States, as determined in accordance with section
402 of the Tariff Act of 1930, as amended (19 U.S.C. 1401a).
(e) Direct shipment--(1) General. For purposes of this section,
goods shall be considered to come to the United States directly from an
insular possession, or to be shipped from the United States directly to
an insular possession and returned from the insular possession to the
United States by direct shipment, only if:
(i) The goods proceed directly to or from the insular possession
without passing through any foreign territory or country;
(ii) The goods proceed to or from the insular possession through a
foreign territory or country, the goods do not enter into the commerce
of the foreign territory or country while en route to the insular
possession or the United States, and the invoices, bills of lading, and
other shipping documents show the insular possession or the United
States as the final destination; or
(iii) The goods proceed to or from the insular possession through a
foreign territory or country, the invoices and other shipping documents
do not show the insular possession or the United States as the final
destination, and the goods:
(A) Remained under the control of the customs authority of the
foreign territory or country;
(B) Did not enter into the commerce of the foreign territory or
country except for the purpose of sale other than at retail, and the
port director is satisfied that the importation into the insular
possession or the United States results from the original commercial
transaction between the importer and the producer or the latter's sales
agent; and
(C) Were not subjected to operations in the foreign territory or
country other than loading and unloading and other activities necessary
to preserve the goods in good condition.
(2) Evidence of direct shipment. The port director may require that
appropriate shipping papers, invoices, or other documents be submitted
within 60 days of the date of entry as evidence that the goods were
shipped to the United States directly from an insular possession or
shipped from the United States directly to an insular possession and
returned from the insular possession to the United States by direct
shipment within the meaning of paragraph (e)(1) of this section, and
such evidence of direct shipment shall be subject to such verification
as deemed necessary by the port director. Evidence of direct shipment
shall not be required when the port director is otherwise satisfied,
taking into consideration the kind and value of the merchandise, that
the goods qualify for duty-free treatment under General Note 3(a)(iv),
HTSUS, and paragraph (a) of this section.
(f) Documentation. (1) When goods are sought to be admitted free of
duty as
[[Page 73]]
provided in paragraph (a)(1) of this section, there shall be filed with
the entry/entry summary a properly completed certificate of origin on
Customs Form 3229, signed by the chief or assistant chief customs
officer or other official responsible for customs administration at the
port of shipment, showing that the goods comply with the requirements
for duty-free entry set forth in paragraph (a)(1) of this section.
Except in the case of goods which incorporate a material described in
paragraph (c)(3)(ii) of this section, a certificate of origin shall not
be required for any shipment eligible for informal entry under
Sec. 143.21 of this chapter or in any case where the port director is
otherwise satisfied that the goods qualify for duty-free treatment under
paragraph (a)(1) of this section.
(2) When goods in a shipment not eligible for informal entry under
Sec. 143.21 of this chapter are sought to be admitted free of duty as
provided in paragraph (a)(2) of this section, the following declarations
shall be filed with the entry/entry summary unless the port director is
satisfied by reason of the nature of the goods or otherwise that the
goods qualify for such duty-free entry:
(i) A declaration by the shipper in the insular possession in
substantially the following form:
I, ____________________ (name) of ____________________
(organization) do hereby declare that to the best of my knowledge and
belief the goods identified below were sent directly from the United
States on ____________, 19____, to ____________________ (name) of
____________________ (organization) on ____________________ (insular
possession) via the ____________________ (name of carrier) and that the
goods remained in said insular possession until shipped by me directly
to the United States via the ____________________ (name of carrier) on
____________, 19____.
----------------------------------------------------------------------------------------------------------------
Marks Numbers Quantity Description Value
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Dated at ________________, this ________ day of ____________,
19____.
Signature:______________________________________________________________
(ii) A declaration by the importer in the United States in
substantially the following form:
I, ____________________ (name), of ____________________
(organization) declare that the (above) (attached) declaration by the
shipper in the insular possession is true and correct to the best of my
knowledge and belief, that the goods in question were previously
imported into the customs territory of the United States and were
shipped to the insular possession from the United States without
remission, refund or drawback of any duties or taxes paid in connection
with that prior importation, and that the goods arrived in the United
States directly from the insular possession via the ____________________
(name of carrier) on ____________, 19____.
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Signature)
(g) Warehouse withdrawals; drawback. Merchandise may be withdrawn
from a bonded warehouse under section 557 of the Tariff Act of 1930, as
amended (19 U.S.C. 1557), for shipment to any insular possession of the
United States other than Puerto Rico without payment of duty, or with a
refund of duty if the duties have been paid, in like manner as for
exportation to foreign countries. No drawback may be allowed under
section 313 of the Tariff Act of 1930, as amended (19 U.S.C. 1313), on
goods manufactured or produced in the United States and shipped to any
insular possession. No drawback of internal-revenue tax is allowable
under 19 U.S.C. 1313 on goods manufactured or produced in the United
States with the use of domestic tax-paid alcohol and shipped to Wake
Island, Midway Islands or Johnston Atoll.
[T.D. 97-75, 62 FR 46439, Sept. 3, 1997]
[[Page 74]]
Sec. 7.4 Watches and watch movements from U.S. insular possessions.
(a) The issuance of an International Trade Administration Form ITA-
360, Certificate of Entitlement to Secure the Refund of Duties on
Watches and Watch Movements, by the Department of Commerce, authorizes a
producer of watches in the U.S. insular possessions to file requests
with Customs for the refund of duties paid on imports of watches, watch
movements (including solid state watches and watch movements), and watch
parts (excepting separate watch cases and any articles containing any
materials to which rates of duty set forth in Column 2, Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202) apply). The amount
of the refund requested may be up to the value specified in the
certificate, provided that the articles for which refunds are requested
were entered during a 3-year period beginning 2 years before the date of
issuance of the Form ITA-360 certificate from the Department of
Commerce.
(b) The Form ITA-360 may not be used to secure refunds. To secure a
refund, the party requesting the refund of duties (claimant) must
present to Customs Form ITA-361, Request for Refund of Duties on Watches
and Watch Movements, properly executed, and authenticated by the
Department of Commerce.
(c) By completing Form ITA-361, the insular producer may either:
(1) Transfer its entitlement, in whole or in part, to any other
party for any consideration agreed to by the insular producer and the
transferee, or
(2) Request the refund of duties to itself.
(d) A claimant must file Form ITA-361 with Customs at the same port
where the watch import entry was originally filed and duties paid. The
documentation accompanying Form ITA-361 shall include a copy of the
import entry, providing proof that duty was paid on the watches and
watch movements.
(e) When requesting the refund of duties on Form ITA-361, the
claimant also must complete and submit to Customs the declaration on the
form which reads as follows:
I declare that the information given above is true and correct to
the best of my knowledge and belief; that no notices of exportation of
articles with benefit of drawback were filed upon exportation of this
merchandise from the United States; that no liquidated refunds on the
articles relating to the present claim have been paid; and that no
protest or request for litigation for refund of duties paid and herewith
claimed has been made.
(f) A fee of 1 percent will be deducted from each refund request as
reimbursement to salaries and expenses of those Customs personnel
processing the request.
(g) Form ITA-360 expires 1 year from its date of issuance. Any
refund request on Form ITA-361 made by either the insular producer
itself or any transferee named on Form ITA-360 must be filed within this
1-year period. This expiration date applies equally to all refund
requests, whether a single request for the entire amount specified in
the Form ITA-361 certificate or multiple requests for partial amounts.
Refund requests will be accepted until either the amount specified in
the certificate is depleted or until the certificate expires 1 year from
its date of issuance.
(h) Customs will process only those refund requests made in
accordance with the joint rules of the Departments of Commerce and the
Interior governing the issuance and handling of certificates and the
transfer of entitlements as contained in 15 CFR part 303.
[T.D. 84-16, 49 FR 1481, Jan. 12, 1984, as amended by T.D. 84-211, 49 FR
39044, Oct. 3, 1984; T.D. 89-1, 53 FR 51252, Dec. 21, 1988. Redesignated
and amended by T.D. 97-75, 62 FR 46441, Sept. 3, 1997]
Sec. 7.11 Guantanamo Bay Naval Station.
Articles of foreign origin may enter the area (both land and water)
of the Guantanamo Bay Naval Station free of duty, but such articles
shall be subject to duty upon their subsequent entry into the United
States.
[28 FR 14636, Dec. 31, 1963]
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC.--Table of Contents
Articles Exported and Returned
Sec.
10.1 Domestic products; requirements on entry.
[[Page 75]]
10.3 Drawback; internal-revenue tax.
10.4 Internal-revenue marks; erasure.
10.5 Shooks and staves; cloth boards; port director's account.
10.6 Shooks and staves; claim for duty exemption.
10.7 Substantial containers or holders.
10.8 Articles exported for repairs or alterations.
10.8a Imported articles exported and reimported.
10.9 Articles exported for processing.
10.10 [Reserved]
Articles Assembled Abroad With United States Components
10.11 General.
10.12 Definitions.
10.13 Statutory provision: Subheading 9802.00.80, Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202).
10.14 Fabricated components subject to the exemption.
10.15 Fabricated components not subject to the exemption.
10.16 Assembly abroad.
10.17 Valuation of exempted components.
10.18 Valuation of assembled articles.
10.19--10.20 [Reserved]
10.21 Updating cost data and other information.
10.23 Standards, quotas, and visas.
10.24 Documentation.
10.25 Textile components cut to shape in the United States and
assembled abroad.
10.26 Articles assembled or processed in a beneficiary country in whole
of U.S. components or ingredients; articles assembled in a
beneficiary country from textile components cut to shape in
the United States.
Free Entry--Articles for the Use of Foreign Military Personnel
10.30c [Reserved]
Temporary Importations Under Bond
10.31 Entry; bond.
10.33 Theatrical effects.
10.35 Models of women's wearing apparel.
10.36 Commercial travelers' samples; professional equipment and tools
of trade; theatrical effects and other articles.
10.36a Vehicles, pleasure boats and aircraft brought in for repair or
alteration.
10.37 Extension of time for exportation.
10.38 Exportation.
10.39 Cancellation of bond charges.
10.40 Refund of cash deposits.
International Traffic
10.41 Instruments; exceptions.
10.41a Lift vans, cargo vans, shipping tanks, skids, pallets, and
similar instruments of international traffic; repair
components.
10.41b Clearance of serially numbered substantial holders or outer
containers.
Articles for Institutions
10.43 Duty-free status.
10.46 Articles for the United States.
10.47 [Reserved]
Works of Art
10.48 Engravings, sculptures, etc.
10.49 Articles for exhibition; requirements on entry.
10.50 [Reserved]
10.52 Painted, colored or stained glass windows for religious
institutions.
10.53 Antiques.
10.54 Gobelin and other hand-woven tapestries.
Vegetable Oils
10.56 Vegetable oils, denaturing; release.
Potatoes, Corn, or Maize
10.57 Certified seed potatoes, and seed corn or maize.
Bolting Cloths
10.58 Bolting cloths; marking.
Withdrawal of Supplies and Equipment for Vessels
10.59 Exemption from customs duties and internal-revenue tax.
10.60 Forms of withdrawals; bond.
10.61 Withdrawal permit.
10.62 Bunker fuel oil.
10.62a Blanket withdrawals for certain merchandise.
10.62b Aircraft turbine fuel.
10.63 Landing of supplies and stores from receiving vessel in the
United States.
10.64 Crediting or cancellation of bonds.
10.64a [Reserved]
10.65 Cigars and cigarettes.
Articles Exported for Exhibition, Etc.
10.66 Articles exported for temporary exhibition and returned; horses
exported for horse racing and returned; procedure on entry.
10.67 Articles exported for scientific or educational purposes and
returned; procedure on entry.
Theatrical Effects, Motion-Picture Films, Commercial Travelers' Samples,
and Tools of Trade
10.68 Procedure.
10.69 Samples to Great Britain and Ireland under reciprocal agreement.
[[Page 76]]
Animals and Birds
10.70 Purebred animals for breeding purposes; certificate.
10.71 Purebred animals; bond for production of evidence; deposit of
estimated duties; stipulation.
10.72--10.73 [Reserved]
10.74 Animals straying across boundary for pasturage; offspring.
10.75 Wild animals and birds; zoological collections.
10.76 Game animals and birds.
10.77 [Reserved]
Products of American Fisheries
10.78 Entry.
10.79 [Reserved]
Salt for Curing Fish
10.80 Remission of duty; withdrawal; bond.
10.81 Use in any port.
10.82 [Reserved]
10.83 Bond; cancellation; extension.
Automotive Products
10.84 Automotive vehicles and articles for use as original equipment in
the manufacture of automotive vehicles.
Master Records, and Metal Matrices
10.90 Master records and metal matrices.
10.91--10.97 [Reserved]
Fluxing Material
10.98 Copper-bearing fluxing material.
Ethyl Alcohol
10.99 Importation of ethyl alcohol for nonbeverage purposes.
United States Government Importations
10.100 Entry, examination, and tariff status.
10.101 Immediate delivery.
10.102 Duty-free entries.
10.103 American goods returned.
10.104 Temporary importation entries for United States Government
agencies.
Wheat
10.106 [Reserved]
Rescue and Relief Work
10.107 Equipment and supplies; admission.
Products Exported Under Lease and Reimported
10.108 Entry of reimported articles exported under lease.
Strategic Materials Obtained by Barter or Exchange
10.110 [Reserved]
Late Filing of Free Entry and Reduced Duty Documents
10.112 Filing free entry documents or reduced duty documents after
entry.
Instruments and Apparatus for Educational and Scientific Institutions
10.114 General provisions.
10.115--10.119 [Reserved]
Visual or Auditory Materials
10.121 Visual or auditory materials of an educational, scientific, or
cultural character.
Rate of Duty Dependent Upon Actual Use
10.131 Circumstances in which applicable.
10.132 [Reserved]
10.133 Conditions required to be met.
10.134 Declaration of intent.
10.135 Deposit of duties.
10.136 Suspension of liquidation.
10.137 Records of use.
10.138 Proof of use.
10.139 Liquidation.
Importations Not Over $200 And Bona Fide Gifts
10.151 Importations not over $200.
10.152 Bona-fide gifts.
10.153 Conditions for exemption.
Generalized System of Preferences
10.171 General.
10.172 Claim for exemption from duty under the Generalized System of
Preferences.
10.173 Evidence of country of origin.
10.174 Evidence of direct shipment.
10.175 Imported directly defined.
10.176 Country of origin criteria.
10.177 Cost or value of materials produced in the beneficiary
developing country.
10.178 Direct costs of processing operations performed in the
beneficiary developing country.
Canadian Crude Petroleum
10.179 Canadian crude petroleum subject to a commercial exchange
agreement between United States and Canadian refiners.
Certain Fresh, Chilled, or Frozen Beef
10.180 Certification.
Watches and Watch Movements From U.S. Insular Possessions
10.181-10.182 [Reserved]
Civil Aircraft
10.183 Civil aircraft, flight simulators, parts for civil aircraft, and
parts for flight simulators.
[[Page 77]]
Caribbean Basin Initiative
10.191 General.
10.192 Claim for exemption from duty under the CBI.
10.193 Imported directly.
10.194 Evidence of direct shipment.
10.195 Country of origin criteria.
10.196 Cost or value of materials produced in a beneficiary country or
countries.
10.197 Direct costs of processing operations performed in a beneficiary
country or countries.
10.198 Evidence of country of origin.
Andean Trade Preference
10.201 Applicability.
10.202 Definitions.
10.203 Eligibility criteria in general.
10.204 Imported directly.
10.205 Country of origin criteria.
10.206 Value content requirement.
10.207 Procedures for filing duty-free treatment claim and submitting
supporting documentation.
10.208 Duty reductions for certain products.
United States-Canada Free Trade Agreement
10.301 Scope and applicability.
10.302 Eligibility criteria in general.
10.303 Originating goods.
10.304 Exclusions.
10.305 Value content requirement.
10.306 Direct shipment to the United States.
10.307 Documentation.
10.308 Records retention.
10.309 Verification of documentation.
10.310 Election to average for motor vehicles.
10.311 Documentation for election to average for motor vehicles.
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff
Schedule of the United States (HTSUS)), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
Section 10.17 also issued under 19 U.S.C. 1401a, 1402;
Sections 10.25 and 10.26 also issued under 19 U.S.C. 3592;
Sections 10.41, 10.41a, 10.107 also issued under 19 U.S.C. 1322;
Section 10.41b also issued under 19 U.S.C. 1202 (Chapter 98,
Subchapter III, U.S. Note 3, HTSUS);
Section 10.53 also issued under 16 U.S.C. 1521, et seq.;
Section 10.59 also issued under 19 U.S.C. 1309, 1317;
Sections 10.61, 10.62, 10.63, 10.64, 10.64a also issued under 19
U.S.C. 1309;
Sections 10.62a, 10.65 also issued under 19 U.S.C. 1309, 1317, 1555,
1556, 1557, 1646a;
Sec. 10.62b also issued under 19 U.S.C. 1557;
Sections 10.70, 10.71 also issued under 19 U.S.C. 1486;
Sections 10.80, 10.81, 10.82, 10.83 also issued under 19 U.S.C. 1313
(e) and (i);
Sections 10.171 through 10.178 also issued under 19 U.S.C. 2461 et
seq.;
Sections 10.191 through 10.198 also issued under 19 U.S.C. 2701 et
seq.;
Sections 10.201 through 10.207 also issued under 10 U.S.C. 3203.
Source: 28 FR 14663, Dec. 31, 1963, unless otherwise noted.
Articles Exported and Returned
Sec. 10.1 Domestic products; requirements on entry.
(a) Except as otherwise provided for in paragraph (g), (h), (i) or
(j) of this section or elsewhere in this part or in Sec. 145.35 of this
chapter, the following documents shall be filed in connection with the
entry of articles in a shipment valued over $2,000 and claimed to be
free of duty under subheading 9801.00.10 or 9802.00.20, Harmonized
Tariff Schedule of the United States (HTSUS):
(1) A declaration by the foreign shipper in substantially the
following form:
I, ______________________,
declare that to the best of my knowledge and belief the articles herein
specified were exported from the United States, from the port of
________________ on or about ________________, 19______, and that they
are returned without having been advanced in value or improved in
condition by any process of manufacture or other means.
----------------------------------------------------------------------------------------------------------------
Marks Number Quantity Description Value, in U.S. coin
----------------------------------------------------------------------------------------------------------------
................. ................. ........................... ..........................
................. ................. ........................... ..........................
................. ................. ........................... ..........................
................. ................. ........................... ..........................
................. ................. ..........................
(Date) (Signature)
................. ................. ..........................
(Address) (Capacity)
----------------------------------------------------------------------------------------------------------------
[[Page 78]]
(2) A declaration by the owner, importer, consignee, or agent having
knowledge of the facts regarding the claim for free entry. If the owner
or ultimate consignee is a corporation, such declaration may be signed
by the president, vice president, secretary, or treasurer of the
corporation, or may be signed by any employee or agent of the
corporation who holds a power of attorney executed under the conditions
outlined in subpart C, part 141 of this chapter and a certification by
the corporation that such employee or other agent has or will have
knowledge of the pertinent facts. This declaration shall be in
substantially the following form:
I, ______________,
declare that the (above) (attached) declaration by the foreign shipper
is true and correct to the best of my knowledge and belief, that the
articles were manufactured by ________________ (name of manufacturer)
located in ________________ (city and state), that the articles were not
manufactured or produced in the United States under subheading
9813.00.05, HTSUS, and that the articles were exported from the United
States without benefit of drawback.
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Address)
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Capacity)
(b) In any case in which the value of the returned articles exceeds
$2,000 and the articles are not clearly marked with the name and address
of the U.S. manufacturer, the port director may require, in addition to
the declarations required in paragraph (a) of this section, such other
documentation or evidence as may be necessary to substantiate the claim
for duty-free treatment. Such other documentation or evidence may
include a statement from the U.S. manufacturer verifying that the
articles were made in the United States, or a U.S. export invoice, bill
of lading or airway bill evidencing the U.S. origin of the articles and/
or the reason for the exportation of the articles.
(c) A certificate from the master of a vessel stating that products
of the United States are returned without having been unladen from the
exporting vessel may be accepted in lieu of the declaration of the
foreign shipper required by paragraph (a)(1) of this section.
(d) If the port director is reasonably satisfied, because of the
nature of the articles or production of other evidence, that the
articles are imported in circumstances meeting the requirements of
subheading 9801.00.10 or 9802.00.20, HTSUS, and related section and
additional U.S. notes, he may waive the requirements for producing the
documents specified in paragraph (a) of this section.
(e) No evidence relative to the conditions of subheading 9801.00.10,
HTSUS, shall be required in the case of articles the product of the U.S.
in use at the time of importation as the usual coverings or containers
of merchandise not subject to an ad valorem rate of duty unless such
articles would be dutiable if not products of the U.S. under General
Rule of Interpretation 5, HTSUS.
(f) In the case of photographic films and dry plates manufactured in
the United States (except motion picture films to be used for commercial
purposes) exposed abroad and entered under subheading 9802.00.20, HTSUS,
the requirements of paragraphs (a) and (c) of this section are
applicable except that the declaration by the foreign shipper provided
for in paragraph (a)(1) to the effect that the articles ``are returned
without having been advanced in value or improved in condition by any
process of manufacture or other means'' shall be crossed out, and the
entrant shall show on the declaration provided for in paragraph (a)(2)
that the subject articles when exported were of U.S. manufacture and are
returned after having been exposed, or exposed and developed, and, in
the case of motion picture films, that they will not be used for
commercial purposes.
(g) Aircraft and aircraft parts and equipment. (1) In the case of
aircraft and aircraft parts and equipment returned to the United States
under subheading 9801.00.10, HTSUS, by or for the account of an aircraft
owner or operator and intended for use in his own aircraft operations,
within or outside the United States, the entry summary may be made on
Customs Form 3311.
[[Page 79]]
The entry summary on Customs Form 3311 shall be executed by the entrant
and supported by the entry documentation required by Sec. 142.3 of this
chapter. If the Customs officer is satisfied that the articles are
products of the United States, that they have not been improved in
condition or advanced in value while abroad, and that no drawback has
been or will be paid, the other documents described in this section
shall not be required, and no bond need be filed for their production.
(2) The entrant shall show on Customs Form 3311:
(i) The name and address of the aircraft owner or operator by whom
or for whose account the articles are returned to the United States, in
the block headed ``Articles Returned To (Name and Address)'',
(ii) The name of the importing vessel or conveyance,
(iii) The date of its arrival,
(iv) A description of the articles,
(v) The value of the articles, and
(vi) That the articles are intended for use by the aircraft owner or
operator in his own aircraft operations.
(3) If Customs Form 3311 is filed at time of entry, it shall serve
as both the entry and the entry summary.
(h) Nonconsumable vessel stores and equipment. (1) In the case of
nonconsumable vessel stores and equipment returned to the United States
under subheading 9801.00.10, HTSUS, the entry summary may be made on
Customs Form 3311. The entry summary on Customs Form 3311 shall be
executed in duplicate by the entrant and supported by the entry
documentation required by Sec. 142.3 of this chapter. Before an entry
summary on Customs Form 3311 may be accepted for nonconsumable vessel
stores and equipment, the Customs officer shall be satisfied that:
(i) The articles are products of the United States.
(ii) The articles have not been improved in condition or advanced in
value while abroad.
(iii) No drawback has been or will be paid, and
(iv) No duty equal to an internal revenue tax is payable under
subheading 9801.00.80, HTSUS.
(2) The documentation described in paragraph (a) of this section
shall not be required in connection with an entry for nonconsumable
vessel stores and equipment on Customs Form 3311.
(3) To satisfy the Customs officer that no drawback has been or will
be paid on the articles in connection with their removal from the United
States, the master of the vessel or other person having knowledge of the
facts shall furnish a written declaration which may be made on the
reverse side of Customs Form 3311 showing that the articles were:
(i) Exported as stores or equipment on a United States vessel or a
vessel operated by the United States Government,
(ii) Not landed in a foreign country, except for any needed repairs,
adjustments, or refilling and return to the vessel from which landed or,
(iii) For transshipment as stores or equipment to another vessel.
(4) The entrant also shall show:
(i) The name of the importing vessel,
(ii) The date of its arrival,
(iii) A description of the articles, and
(iv) The value of the articles.
(5) If Customs Form 3311 is filed at time of entry, it shall serve
as both the entry and the entry summary.
(i) When the total value of articles of claimed American origin
contained in any shipment does not exceed $250 and such articles are
found to be unquestionably products of the United States and do not
appear to have been advanced in value or improved in condition while
abroad and no quota is involved, free entry thereof may be made under
subheading 9801.00.10 on Customs Form 3311, executed by the owner,
importer, consignee, or agent and filed in duplicate, without regard to
the requirement of filing the documentation provided for in paragraph
(a) of this section, unless the Customs officer has reason to believe
that Customs drawback or exemption from internal revenue tax, or both,
were probably allowed on exportation of the articles or that they are
otherwise subject to duty. The entrant shall show on Customs Form 3311
the name of the importing conveyance, the date of its arrival, the name
of the country from which the articles were returned to the
[[Page 80]]
United States, and the value of the articles. The entrant shall also
produce evidence of his right to make entry (except as provided in
Sec. 141.11(b) of this chapter). If the Customs officer is not entirely
certain that the articles to be entered under this paragraph by a
nominal consignee are products of the United States, the actual owner or
ultimate consignee thereof may be required to execute a Customs Form
3311.
(j) In the case of products of the United States, when the aggregate
value of the shipment does not exceed $10,000 and the products are
imported--
(1) For the purposes of repair or alteration, prior to
reexportation, or
(2) After having been either rejected or returned by the foreign
purchaser to the United States for credit, free entry thereof may be
made under subheading 9801.00.10, HTSUS, on Customs Form 3311 (a Customs
Form 7501 must be submitted as well for such articles as provided in
Sec. 143.23(h) of this chapter), executed by the owner, importer,
consignee, or agent and filed in duplicate, without regard to the
requirement of filing the documentation provided for in paragraph (a) of
this section, unless the Customs officer has reason to believe that
Customs drawback or exemption from internal revenue tax, or both, were
probably allowed on exportation of the articles or that they are
otherwise subject to duty. The person making entry shall show on Customs
Form 3311 the name of the importing conveyance, the date of its arrival,
the name of the country from which the articles were returned to the
United States, and the value of the articles. The person making entry
shall also produce evidence of his right to make entry (except as
provided in Sec. 141.11(b) of this chapter). If the Customs officer is
not entirely certain that the articles to be entered under this
paragraph by a nominal consignee are products of the United States, the
actual owner or ultimate consignee thereof may be required to execute a
Customs Form 3311.
[T.D. 72-119, 37 FR 8867, May 2, 1972 as amended by T.D. 78-99, 43 FR
13060, Mar. 29, 1978; 43 FR 20003, May 10, 1978; T.D. 79-221, 44 FR
46812, Aug. 9, 1979; T.D. 83-82, 48 FR 14596, Apr. 5, 1983; T.D. 89-1,
53 FR 51246, Dec. 21, 1988; T.D. 94-47, 59 FR 25566, May 17, 1994; T.D.
97-82, 62 FR 51769, Oct. 3, 1997; T.D. 98-28, 63 FR 16416, Apr. 3, 1998]
Sec. 10.3 Drawback; internal-revenue tax.
(a) Except as prescribed in Sec. 10.1(f) or in paragraphs (c) and
(f) of this section, no free entry shall be allowed under Chapter 98,
Subchapter 1, Harmonized Tariff Schedule of the United States (HTSUS),
in the final liquidation of an entry unless the port director is
satisfied by the certificate of exportation or other evidence or
information that no drawback was allowed in connection with the
exportation from the United States, and unless no internal-revenue tax
is imposed on the importation of like articles not previously exported
from the United States or, if such tax is being imposed at the time of
entry for consumption or withdrawal from warehouse for consumption, the
port director is satisfied that an internal-revenue tax on production or
importation was paid in respect of the imported article before it was
exported from the United States and was not refunded. Except as provided
for in Sec. 10.1(f), when it is impracticable, because of the
destruction of Customs records or other circumstances, to determine
whether drawback was allowed, or the amount of drawback allowed, with
respect to an article established to be a returned product of the United
States which has not been advanced in value or improved in condition
while abroad, there shall be assessed on the returned article an amount
of duty determined as follows:
(1) If there is any likelihood that drawback was allowable on the
exportation of like articles at any time when the imported article may
have been exported from the United States, the estimated amount of any
drawback which would have been allowable if duty had been paid on any
foreign merchandise likely to have been used in the manufacture of the
returned article at the rate or rates applicable to such foreign
merchandise on the date of importation of the returned article (see
paragraph (b) of this section), and
(2) If there is any likelihood that a refund or remission of tax was
allowed on the exportation of the returned article, the amount of any
internal-revenue tax which would be payable at the time of importation
if the returned article were wholly of foreign origin, but in no such
case shall there be assessed
[[Page 81]]
more than an amount equal to the duty and tax that would apply if the
returned article were wholly of foreign origin and originally imported.
(See Sec. 10.7(a).) Except as provided for in Sec. 10.1(f), if the
imported article is of a kind which would be subject to an internal-
revenue tax if of foreign origin and payment of an internal-revenue tax
before exportation without refund thereof is not established, duty shall
be assessed on the imported article in an amount equal to the internal-
revenue tax imposed at the time of entry for consumption or withdrawal
from warehouse for consumption on like articles of foreign origin, plus
the amount of any drawback allowed on the exportation of the article
from the United States; but if no drawback was allowed, the duty equal
to internal-revenue tax shall be the total duty to be assessed. If an
allowance of drawback on the exportation from the United States of the
imported article is established, duty shall be assessed in an amount
equal to such drawback, plus an amount equal to any internal-revenue tax
which may be assessable in accordance with this paragraph; but in no
case shall duty equal to drawback, or to drawback and internal-revenue
tax, be assessed in an amount in excess of the ordinary Customs duty and
internal-revenue tax applicable to like articles of foreign origin. In
any case, where payment of internal-revenue tax before exportation
without refund thereof is established, no duty equal to an internal-
revenue tax currently in force shall be assessed.
(b) In the absence of satisfactory evidence as to the nonallowance
of drawback or the amount thereof allowed on the following articles of
American manufacture or production, duty shall be assessed thereon in
the amounts respectively indicated, the amount shown in each case being
considered the fair average amount of drawback allowed on such articles:
------------------------------------------------------------------------
Article Duty assessment
------------------------------------------------------------------------
Drums, metal (when not exempted from duty in 24 cents each.
accordance with sec. 10.3(c)).
Hosiery, nylon................................ 45 cents per dozen.
Lead compound, tetraethyl..................... $0.003 per kilogram.
Lithopone..................................... $0.00065 per kilogram.
Oxide, zinc................................... $0.0029 per kilogram.
Piece goods, cotton:
Bleached.................................... $0.03199 per square
meter.
Dyed........................................ $0.03454 per square
meter.
Printed..................................... $0.03226 per square
meter.
Piece goods, nylon: Dyed $0.29086 per square
meter.
Piece goods, rayon:
Printed..................................... $0.04867 per square
meter.
Other than printed (white, piece dyed or $0.08478 per square
yarn dyed). meter.
Tallow, refined, inedible..................... $0.003 per kilogram.
------------------------------------------------------------------------
(c) The following articles shall be admitted free of duty, even
though exported from the United States with benefit of drawback:
(1) Any article of a kind which would be admitted free of duty
otherwise than under Chapter 98, Subchapter 1, HTSUS, if of foreign
origin;
(2) Substantial containers or holders of domestic manufacture,
including shooks and staves when returned as boxes or barrels, when in
use at the time of importation as the usual containers of merchandise;
(3) Any article provided for in subheadings 9801.00.70 or
9801.00.80, HTSUS, with respect to which the port director has
determined that the collection of duty under such subheadings 9801.00.70
or 9801.00.80, HTSUS, would involve an expense and inconvenience to the
Government disproportionate to the probable amount of such duty; and
(4) Other articles of domestic manufacture which are in use at the
time of importation as the usual coverings or containers of merchandise
not subject to an ad valorem rate of duty, and which have not been
advanced in value or improved in condition while abroad by any process
of manufacture or other means.
(d) Articles manufactured or produced in the United States in a
Customs bonded warehouse and exported shall be subject on reimportation
to a
[[Page 82]]
duty equal to the total duty and internal-revenue tax, if any, imposed
at the time of entry for consumption or withdrawal from warehouse for
consumption with respect to the importation of like articles not
previously exported from the United States.
(e) Animals straying across the border or driven across the border
for pasturage purposes or for feeding to improve them for the market and
not returned within 8 months are excluded from free entry as domestic
products returned.
(f) Tobacco products and cigarette papers and tubes classifiable
under subheading 9801.00.80, HTSUS, may be released from customs custody
without the payment of that part of the duty attributable to the
internal-revenue tax for return to internal-revenue bond as provided by
section 5704(d) of the Internal Revenue Code of 1954.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 68-104, 33 FR 5616, Apr.
11, 1968; T.D. 83-240, 48 FR 53098, Nov. 25, 1983; T.D. 89-1, 53 FR
51246, Dec. 21, 1988; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]
Sec. 10.4 Internal-revenue marks; erasure.
Internal-revenue brands or marks on casks or other containers
previously exported from the United States must be erased at the
importer's expense under Customs supervision before their delivery from
Customs custody.
Sec. 10.5 Shooks and staves; cloth boards; port director's account.
(a) Shooks and staves produced in the United States and returned in
the form of complete boxes or barrels in use as the usual containers of
merchandise are exempt from any duties imposed by the tariff laws upon
similar containers made of foreign shooks or staves, provided their
identity is established under the regulations in this part.
(b) The term ``shook'' embraces only shooks which at the time of
exportation from this country are ready to be assembled into boxes or
barrels without further cutting to size; except that box shooks may be
exported in double lengths and cut abroad. The number of boxes made from
such shooks which may be imported into this country free of duty cannot
exceed the number of complete sets of shooks exported.
(c) [Reserved]
(d) An exporter of shooks or staves in respect of which free entry
is to be claimed when returned as boxes or barrels shall file in
triplicate with the director of the port of exportation, at least 6
hours before the landing of the articles on the exporting vessel, a
Certificate of Registration, Customs Form 4455.
(e) The Certificate of Registration, CF 4455, shall be completed in
triplicate by the port director after verification from the manifest of
the exporting vessel and the return of the lading officer. The original
shall be forwarded by the port director to the consignee. The duplicate
copy shall be given to the exporter and the triplicate copy shall be
retained.
(f) Whenever boxes or barrels alleged to have been manufactured from
American shooks or staves are shipped to the United States from a person
abroad other than the one to whom they were exported from the United
States, the importer shall be required to obtain from the foreign
consignee to whom the shooks or staves were originally exported from
this country the certificate or certificates, Customs Form 4455,
covering the exportation of the shooks or staves from the United States,
or an extract therefrom signed by such consignee, showing the number of
shooks or staves covered by such certificate or certificates, together
with the number of superficial feet of such shooks or staves. Such Form
4455, or extract therefrom, shall be filed by the importer in connection
with the entry of the boxes or barrels.
(g) Accounts shall be kept by the director of the port of
exportation of the shooks and staves as to each exportation thereof and
as to the returns thereof in boxes, barrels, etc. Notifications of such
returns shall be given to the port of exportation by the director of the
port of importation. When returns in the form of boxes, barrels, etc.,
entirely account for the shooks and staves exported as shown on the
appropriate Customs Form 4455, the port director maintaining the account
shall so inform the port director making inquiry about the merchandise
[[Page 83]]
being imported and alleged to contain shooks or staves covered by the
particular exportation.
(h) A record of cloth boards of domestic manufacture exported to be
wrapped with foreign textiles shall be kept by the port director in a
similar manner as for shooks and staves. Cloth boards of domestic
manufacture are conditionally free of duty under Chapter 98, subchapter
1, Harmonized Tariff Schedule of the United States (HTSUS). If such
boards are advanced in value or improved in condition while abroad, free
entry shall be denied on importation.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 78-99, 43 FR 13060, Mar.
29, 1978; T.D. 89-1, 53 FR 51247, Dec. 21, 1988; T.D. 98-52, 63 FR
29954, June 2, 1998]
Sec. 10.6 Shooks and staves; claim for duty exemption.
An importer, seeking an exemption from duty on account of boxes or
barrels made from American shooks or staves, must make such a claim on
Customs Form 4455 at the time of filing the entry. Upon receipt, from
the director of the port of exportation of the shooks and staves, of
corroboration that the records of exportation do not conflict materially
with such a claim, the exemption may be allowed. If the claim for an
exemption is disallowed in full or in part, the importer may file a
request within 15 days of the date of the port director's notice to him
of any disallowance, for referral of the question to the Commissioner of
Customs for review.
[T.D. 87-75, 52 FR 20066, May 29, 1987, as amended by T.D. 98-52, 63 FR
29954, June 2, 1998]
Sec. 10.7 Substantial containers or holders.
(a) Substantial containers or holders, which are products of the
United States, which are of the usual and ordinary types used in the
shipment or transportation of goods, which are reusable for such
purposes, and which are imported containing or holding merchandise,
shall be entered under the general regulations governing the free entry
of domestic products exported and returned. When such containers or
holders are imported not containing or holding merchandise they may be
admitted without entry if readily identifiable as products of the United
States.
(b) Substantial containers or holders, which are of foreign
production and previously imported duty paid, which are of the usual or
ordinary types used in the shipment or transportation of goods, which
are reusable for such purpose, and which are imported containing or
holding merchandise, shall be exempt from duty if (1) exported in
accordance with the regulations contained in Sec. 10.5 (d) and (e), and
(2) there is filed in connection with the entry a certificate of the
foreign shipper in the form prescribed by paragraph (c) of this section.
(c) The certificate to be furnished by the foreign shipper for the
use of the director of the port of entry shall be in the following form:
I, --------------------, of ----------------, do hereby certify that
to the best of my knowledge and belief the substantial containers and
holders mentioned in (the annexed invoice) (invoice No.---------- of --
--------, 19--) * are of the manufacture of -------------------- and
were exported from the United States at the port of --------------, per
S.S. -------------------- on ----------, 19--, and that the same are
being returned to the United States (empty) filled with --------)
(holdings ------------------).*
---------------------------------------------------------------------------
*Cross out inapplicable words.
---------------------------------------------------------------------------
_______________________________________________________________________
Shipper
(d) The port director, after verification of the foreign shipper's
certificate with the records of the director of the port of exportation
in this country, shall allow free entry to the extent the basis for such
allowance is verified. The procedure in the last two sentences of
Sec. 10.6 shall be applicable.
(e) If claim for exemption from duty for such containers or holders
of foreign production previously imported duty paid is made at the time
of entry, the certificate of the foreign shipper may be accepted if
produced at any time prior to the liquidation of the entry.
(f) When such containers or holders of foreign production previously
imported duty paid are reimported empty, they may be admitted without
entry if
[[Page 84]]
readily identifiable as having been previously imported duty paid.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 82-145, 47 FR 35475,
Aug. 16, 1982; T.D. 86-118, 51 FR 22515, June 20, 1986; T.D. 97-82, 62
FR 51769, Oct. 3, 1997]
Sec. 10.8 Articles exported for repairs or alterations.
(a) Except as otherwise provided for in this section and except in
the case of goods covered by Sec. 181.64 of this chapter, the following
documents shall be filed in connection with the entry of articles which
are returned after having been exported for repairs or alterations and
which are claimed to be subject to duty only on the value of the repairs
or alterations performed abroad under subheading 9802.00.40 or
9802.00.50, Harmonized Tariff Schedule of the United States (HTSUS):
(1) A declaration from the person who performed such repairs or
alterations, in substantially the following form:
I,________________, declare that the articles herein specified are
the articles which, in the condition in which they were exported from
the United States, were received by me (us) on ________________,
19________________, from________________ (name and address of owner or
exporter in the United States); that they were received by me (us) for
the sole purpose of being repaired or altered; that only the repairs or
alterations described below were performed by me (us); that the full
cost or (when no charge is made) value of such repairs or alterations
are correctly stated below; and that no substitution whatever has been
made to replace any of the articles originally received by me (us) from
the owner or exporter thereof mentioned above.
------------------------------------------------------------------------
Full cost or
(when no
charge is
Description made) value Total value
of articles of repairs of articles
Marks and numbers and of or after
repairs or alterations repairs or
alterations (see alterations
subchapter
II, chapter
98, HTSUS)
------------------------------------------------------------------------
............ ............ ............
............ ............ ............
............ ............ ............
------------------------------------------------------------------------
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Address)
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Capacity)
(2) A declaration by the owner, importer, consignee, or agent having
knowledge of the pertinent facts in substantially the following form:
I, __________,
declare that the (above) (attached) declaration by the person who
performed the repairs or alterations abroad is true and correct to the
best of my knowledge and belief; that the articles were not manufactured
or produced in the United States under subheading 9813.00.05, HTSUS;
that such articles were exported from the United States for repairs or
alterations and without benefit of drawback from ________________ (port)
on ________________, 19________________; and that the articles entered
in their repaired or altered condition are the same articles that were
exported on the above date and that are identified in the (above)
(attached) declaration.
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Address)
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Capacity)
(b) The port director may require such additional documentation as
is deemed necessary to prove actual exportation of the articles from the
United States for repairs or alterations, such as a foreign customs
entry, foreign customs invoice, foreign landing certificate, bill of
lading, or an airway bill.
(c) If the port director concerned is satisfied, because of the
nature of the articles or production of other evidence, that the
articles are imported under circumstances meeting the requirements of
subheading 9802.00.40 or 9802.00.50, HTSUS, and related section and
additional U.S. notes, he may waive submission of the declarations
provided for in paragraph (a) of this section.
(d) The port director shall require at the time of entry a deposit
of estimated duties based upon the full cost or value of the repairs or
alterations. The cost or value of the repairs or alterations outside the
United States, which is to be set forth in the invoice and entry papers
as the basis for the assessment of duty under subheading
[[Page 85]]
9802.00.40 or 9802.00.50, HTSUS, shall be limited to the cost or value
of the repairs or alterations actually performed abroad, which will
include all domestic and foreign articles furnished for the repairs or
alterations but shall not include any of the expenses incurred in this
country whether by way of engineering costs, preparation of plans or
specifications, furnishing of tools or equipment for doing the repairs
or alterations abroad, or otherwise.
[T.D. 94-47, 59 FR 25567, May 17, 1994, as amended by T.D. 95-68, 60 FR
46361, Sept. 6, 1995]
Sec. 10.8a Imported articles exported and reimported.
(a) In addition to regular entry procedures, supplementary
documentation is required in connection with duty-free entries under
subheading 9801.00.25, Harmonized Tariff Schedule of the United States
(19 U.S.C. 1202), of articles which were originally entered duty paid,
removed from Customs custody, and subsequently exported, if:
(1) The articles were exported within 3 years after the date of the
previous importation.
(2) The articles were not advanced in value or improved in condition
by any process of manufacture or other means while abroad.
(3) The articles did not conform to sample or specifications abroad.
(4) The articles are reimported by or for the account of the person
who imported them into and exported them from the United States.
(b) The following supplementary documents shall be filed in
connection with the entry of articles claimed to be free of duty under
subheading 9801.00.25, Harmonized Tariff Schedule of the United States:
(1) A declaration by the person abroad who received and is returning
the merchandise to the United States, in substantially the following
form:
I declare that the--------------------------(Description of
articles) were received by me from ----------------------------------
(Name and address of U.S. exporter), that they have not been advanced in
value or improved in condition by any process of manufacture or other
means and are being returned to --------------------------------(Name
and address of consignee in the United States) because they do not
conform to sample or specifications for the following reasons:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(Date) (Signature)
_______________________________________________________________________
(Address) (Title)
(2) A declaration by the owner, importer, consignee, or agent, in
substantially the following form:
I declare that the ---------------------- (Description of articles)
were previously imported into the United States at the Port of --------
-------- (Name of port), Entry No.------, on -------------- (Date of
entry) by ---------------------- (Name and address of importer) at which
time duty was paid; that they were exported from the United States at
the Port of ---------------- (Name of port) on --------------------
(Date of exportation) by ---------------------- (Name and address of
exporter) without benefit of drawback; that the articles are being
reimported by or for the account of ----------------, and, that the
attached declaration from -------------------------------- (Name of
foreign shipper) is correct in every respect.
_______________________________________________________________________
(Date) (Signature)
_______________________________________________________________________
(Address) (Title)
(c) If the port director concerned is reasonably satisfied because
of the nature of the articles or production of other evidence that the
requirements of subheading 9801.00.25, Harmonized Tariff Schedule of the
United States, and the related section and additional U.S. notes have
been met, he may waive the production of the documents provided for in
paragraph (b) of this section.
[T.D. 72-221, 37 FR 17469, Aug. 29, 1972, as amended by T.D. 89-1, 53 FR
51247, Dec. 21, 1988]
Sec. 10.9 Articles exported for processing.
(a) Except as otherwise provided for in this section, the following
documents shall be filed in connection with the entry of articles which
are returned after having been exported for further processing and which
are claimed to be subject to duty only on the value of the processing
performed abroad under subheading 9802.00.60, Harmonized Tariff Schedule
of the United States (HTSUS):
[[Page 86]]
(1) A declaration by the person who performed the processing abroad,
in substantially the following form:
I, __________, declare that the articles herein specified are the
articles which, in the condition in which they were exported from the
United States, were received by me (us) on ____________, 19 ______, from
________________ (name and address of owner or exporter in the United
States); that they were received by me (us) for the sole purpose of
being processed; that only the processing described below was effected
by me (us); that the full cost or (when no charge is made) value of such
processing and the value of the articles after processing are correctly
stated below; and that no substitution whatever has been made to replace
any of the articles originally received by me (us) from the owner or
exporter thereof mentioned above.
------------------------------------------------------------------------
Full cost or
(when no
charge is
Description made) value Total value
of articles of of articles
Marks and numbers and of processing after
processing (see processing
subchapter
II, chapter
98, HTSUS)
------------------------------------------------------------------------
............. ............ ...........
............. ............ ...........
............. ............ ...........
------------------------------------------------------------------------
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Address)
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Capacity)
(2) A declaration by the owner, importer, consignee, or agent having
knowledge of the pertinent facts in substantially the following form:
I, __________, declare that the (above) (attached) declaration by the
person who performed the processing abroad is true and correct to the
best of my knowledge and belief; that the articles were manufactured in
the United States by ________________ (name and address) or, if of
foreign origin, were subjected to ________________ (show processes of
manufacture, such as molding, casting, machining) in the United States
by ________________ (name and address); that the articles were not
manufactured or produced in the United States under subheading
9813.00.05, HTSUS; that the articles were exported for processing and
without benefit of drawback from ________________ (port) on
____________, 19 ______; that the articles entered in their processed
condition are otherwise the same articles that were exported on the
above date and that are identified in the (above) (attached)
declaration; and that the returned articles will be subjected to
________________ (describe processing to be performed in the United
States) by ________________ (name and address of U.S. processor)._______
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Address)
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Capacity)
(b) The port director may require such additional documentation as
is deemed necessary to prove actual exportation of the articles from the
United States for processing, such as a foreign customs entry, foreign
customs invoice, foreign landing certificate, bill of lading, or an
airway bill.
(c) If the port director concerned is satisfied, because of the
nature of the articles or production of other evidence, that the
articles are imported under circumstances meeting the requirements of
subheading 9802.00.60, HTSUS, and related section and additional U.S.
notes, he may waive submission of the declarations provided for in
paragraph (a) of this section.
(d) The port director shall require at the time of entry a deposit
of estimated duties based upon the full cost or value of the processing.
The cost or value of the processing outside the United States, which is
to be set forth in the invoice and entry papers as the basis for the
assessment of duty under subheading 9802.00.60, HTSUS, shall be limited
to the cost or value of the processing actually performed abroad, which
will include all domestic and foreign articles used in the processing
but shall not include the exported United States metal article or any of
the expenses incurred in this country whether by way of engineering
costs, preparation of plans or specifications, furnishing of tools or
equipment for doing the processing abroad, or otherwise.
[T.D. 94-47, 59 FR 25568, May 17, 1994]
[[Page 87]]
Sec. 10.10 [Reserved]
Articles Assembled Abroad With United States Components
Sec. 10.11 General.
(a) Sections 10.12 through 10.23 set forth definitions and
interpretative regulations adopted by the Commissioner of Customs
pertaining to the construction of subheading 9802.00.80, Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202) and related
provisions of law. These provisions concern claims for the exemption
from duty provided by subheading 9802.00.80, Harmonized Tariff Schedule
of the United States (19 U.S.C. 1202), for American-made fabricated
components which are returned to the United States as parts of articles
assembled abroad. The examples included in these sections describe
specific situations in which the exemption may or may not be applicable.
The definitions and regulations that follow are promulgated to inform
the public of the constructions and interpretations that the United
States Customs Service shall give to relevant statutory terms and to
assure the impartial and uniform assessment of duties upon merchandise
claimed to be partially exempt from duty under subheading 9802.00.80,
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), at the
various ports of entry. Nothing in these regulations purports or is
intended to restrict the legal right of importers or others to a
judicial review of the matters contained therein.
(b) Section 10.24 sets forth the documentary requirements applicable
to the entry of assembled articles claimed to be subject to the
exemption provided under subheading 9802.00.80, Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202). Allowance of an
importer's claim is dependent upon meeting the statutory requirements
for the exemption under subheading 9802.00.80, Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202) and his complying with
the documentary requirements set forth in Sec. 10.24.
[T.D. 75-230, 40 FR 43021, Sept. 18, 1975, as amended by T.D. 89-1, 53
FR 51247, Dec. 21, 1988; T.D. 97-82, 62 FR 51769, Oct. 3, 1997]
Sec. 10.12 Definitions.
As used in Secs. 10.11 through 10.24, the following terms shall have
the meanings indicated:
(a) American-made. The term ``American-made'' is used to refer to a
product of the United States as defined in paragraph (e) of this
section.
(b) Assembly. ``Assembly'' means the fitting or joining together of
fabricated components.
(c) Exemption. ``Exemption'' means the deduction of the cost or
value of products of the United States which were assembled abroad in
accordance with the requirements of subheading 9802.00.80, Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202), from the full
value of the assembled article.
(d) Fabricated component. ``Fabricated component'' means a
manufactured article ready for assembly in the condition as exported
except for operations incidental to the assembly.
(e) Product of the United States. A ``product of the United States''
is an article manufactured within the Customs territory of the United
States and may consist wholly of United States components or materials,
of United States and foreign components or materials, or wholly of
foreign components or materials. If the article consists wholly or
partially of foreign components or materials, the manufacturing process
must be such that the foreign components or materials have been
substantially transformed into a new and different article, or have been
merged into a new and different article.
[T.D. 75-230, 40 FR 43021, Sept. 18, 1975, as amended by T.D. 89-1, 53
FR 51247, Dec. 21, 1988]
Sec. 10.13 Statutory provision: Subheading 9802.00.80, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).
Subheading 9802.00.80, Harmonized Tariff Schedule of the United
States (HTSUS), (19 U.S.C. 1202), provides that articles assembled
abroad in whole or in part of fabricated components, the product of the
United States, which (a) were exported in condition ready for assembly
without further fabrication, (b) have not lost their physical identity
[[Page 88]]
in such articles by change in form, shape, or otherwise, and (c) have
not been advanced in value or improved in condition abroad except by
being assembled and except by operations incidental to the assembly
process such as cleaning, lubricating, and painting, are subject to a
duty upon the full value of the imported article, less the cost or, if
no charge is made, the value of such products of the United States. The
rate of duty which is assessed upon the dutiable portion of the imported
article is that which is applicable to the imported article as a whole
under the appropriate provision of the HTSUS (19 U.S.C. 1202) for such
article. If that provision requires a specific or compound rate of duty,
the total duties assessed on the imported article are reduced in such
proportion as the cost or value of the returned United States components
which qualify for the exemption bears to the full value of the assembled
article.
Example 1. A transistor radio is assembled abroad from foreign-made
components and American-made transistors. Upon importation, the
transistor radio is subject to the ad valorem rate of duty applicable to
transistor radios upon the value of the radio less the cost or value of
the American-made transistors assembled therein.
Example 2. A solid-state watch movement is assembled abroad from
foreign-made components and an American-made integrated circuit. If the
movement in question is subject to the specific rate of duty of 75 cents
if the value of the assembled movement is $30, and if the value of the
American-made integrated circuit is $10, then the value of the
integrated circuit represents one third of the total value of the
assembled article and the duty on the assembled article will be reduced
by one third ($.25). Therefore, the duty on the assembled movement is 50
cents.
[T.D. 75-230, 40 FR 43021, Sept. 18, 1975, as amended by T.D. 89-1, 53
FR 51247, Dec. 21, 1988]
Sec. 10.14 Fabricated components subject to the exemption.
(a) Fabricated components, the product of the United States. Except
as provided in Sec. 10.15, the exemption provided under subheading
9802.00.80, Harmonized Tariff Schedule of the United States (HTSUS) (19
U.S.C. 1202), applies to fabricated components, the product of the
United States. The components must be in condition ready for assembly
without further fabrication at the time of their exportation from the
United States to qualify for the exemption. Components will not lose
their entitlement to the exemption by being subjected to operations
incidental to the assembly either before, during, or after their
assembly with other components. Materials undefined in final dimensions
and shapes, which are cut into specific shapes or patterns abroad are
not considered fabricated components.
Example 1. Articles identifiable in their exported condition as
components or parts of the article into which they will be assembled,
such as transistors, diodes, integrated circuits, machinery parts, or
precut parts of wearing apparel, are regarded as fabricated components.
Example 2. Prestamped metal lead frames for semiconductor devices
exported in multiple unit strips in which the individual frame units are
connected to each other, or integrated circuit wafers containing
individual integrated circuit dice which have been scribed or scored in
the United States, are regarded as fabricated components. The separation
of the individual frames by cutting, or the segmentation of the wafer
into individual dice by flexing and breaking along scribed or scored
lines, is regarded as an operation incidental to the assembly process.
Example 3. Wires of various type, electrical conductors, metal
foils, insulating tapes, ribbons, findings used in dressmaking, and
similar products, which are in a finished state when exported from the
United States, and are ready for use in the assembly of the imported
article, are regarded as fabricated components if they are only cut to
length or subjected to operations incidental to the assembly process
while abroad.
Example 4. Uncut textile fabrics exported in bolts from which
wearing apparel components will be cut according to a pattern are not
regarded as fabricated components. Similarly, other materials, such as
lumber, leather, sheet metal, plastic sheeting, exported in basic shapes
and forms to be fabricated into components for assembly, are not
eligible for treatment as fabricated components.
(b) Substantial transformation of foreign-made articles or
materials. Foreign-made articles or materials may become products of the
United States if they undergo a process of manufacture in the United
States which results in their substantial transformation. Substantial
transformation occurs when, as a result of manufacturing processes, a
new and different article emerges, having a distinctive name, character,
[[Page 89]]
or use, which is different from that originally possessed by the article
or material before being subject to the manufacturing process. The mere
finishing or modification of a partially or nearly complete foreign
product in the United States will not result in the substantial
transformation of such product and it remains the product of a foreign
country.
Example 1. A cast metal housing for a valve is made in the United
States from imported copper ingots, the product of a foreign country.
The housing is a product of the United States because the manufacturing
operations performed in the United States to produce the housing
resulted in a substantial transformation of the foreign copper ingots.
Example 2. An integrated circuit device is assembled in a foreign
country and imported into the United States where its leads are formed
by bending them to a specified angle. It is then tested and marked. The
imported article does not become a product of the United States because
the operations performed in the United States do not result in a
substantial transformation of the foreign integrated circuit device.
Example 3. A circuit board assembly for a computer is assembled in
the United States by soldering American-made and foreign-made components
onto an American-made printed circuit board. The finished circuit board
assembly has a distinct electronic function and is ready for
incorporation into the computer. The foreign-made components have
undergone a substantial transformation by becoming permanent parts of
the circuit board assembly. The circuit board assembly, including all of
its parts is regarded as a fabricated component, the product of the
United States, for purposes of subheading 9802.00.80, HTSUS (19 U.S.C.
1202).
[T.D. 75-230, 40 FR 43022, Sept. 18, 1975, as amended by T.D. 89-1, 53
FR 51247, Dec. 21, 1988]
Sec. 10.15 Fabricated components not subject to the exemption.
Fabricated components which are not products of the United States
are excluded from the exemption. In addition, the exemption is not
applicable to any component exported from the Customs territory of the
United States:
(a) From continuous Customs custody with remission, abatement, or
refund of duty;
(b) With benefit of drawback;
(c) To comply with any law of the United States or regulation of any
Federal agency requiring exportation; or
(d) After manufacture or production in the United States under
subheading 9813.00.05, HTSUS (19 U.S.C. 1202).
Example. Partially completed components of an electric motor are
imported in several separate shipments and are entered under a temporary
importation bond to be manufactured into finished motors under the
provisions of subheading 9813.00.05, HTSUS (19 U.S.C. 1202). The
components are completed and assembled into finished electric motors.
The finished motors are exported and are assembled abroad into electric
fans which are subsequently imported into the United States.
Irrespective of the fact that the assembly of the motors might involve
such a substantial change that the motor could be considered a product
of the United States, no exemption may be given for the value of the
electric motors, since they were exported after manufacture or
production in the United States under the provision of subheading
9813.00.05, HTSUS (19 U.S.C. 1202).
[T.D. 75-230, 40 FR 43023, Sept. 18, 1975, as amended by T.D. 89-1, 53
FR 51247, Dec. 21, 1988]
Sec. 10.16 Assembly abroad.
(a) Assembly operations. The assembly operations performed abroad
may consist of any method used to join or fit together solid components,
such as welding, soldering, riveting, force fitting, gluing, laminating,
sewing, or the use of fasteners, and may be preceded, accompanied, or
followed by operations incidental to the assembly as illustrated in
paragraph (b) of this section. The mixing or combining of liquids,
gases, chemicals, food ingredients, and amorphous solids with each other
or with solid components is not regarded as an assembly.
Example 1. A television yoke is assembled abroad from American-made
magnet wire. In the foreign assembly plant the wire is despooled and
wound into a coil, the wire cut from the spool, and the coil united with
other components, including a terminal panel and housing which are also
American-made. The completed article upon importation would be subject
to the ad valorem rate of duty applicable to television parts upon the
value of the yoke less the cost or value of the American-made wire,
terminal panel and housing, assembled therein. The winding and cutting
of the wire are either assembly steps or steps incidental to assembly.
Example 2. An aluminum electrolytic capacitor is assembled abroad
from American-made aluminum foil, paper, tape, and Mylar
[[Page 90]]
film. In the foreign assembly plant the aluminum foil is trimmed to the
desired width, cut to the desired length, interleaved with paper, which
may or may not be cut to length or despooled from a continuous length,
and rolled into a cylinder wherein the foil and paper are cut and a
section of sealing tape fastened to the surface to prevent these
components from unwinding. Wire or other electric connectors are bonded
at appropriate intervals to the aluminum foil of the cylinder which is
then inserted into a metal can, and the ends closed with a protective
washer. As imported, the capacitor is subject to the ad valorem rate of
duty applicable to capacitors upon the value less the cost or value of
the American-made foil, paper, tape, and Mylar film. The operations
performed on these components are all either assembly steps or steps
incidental to assembly.
Example 3. The manufacture abroad of cloth on a loom using thread or
yarn exported from the United States on spools, cops, or pirns is not
considered an assembly but a weaving operation, and the thread or yarn
does not qualify for the exemption. However, American-made thread used
to sew buttons or garment components is qualified for the exemption
because it is used in an operation involving the assembly of solid
components.
(b) Operations incidental to the assembly process. Operations
incidental to the assembly process whether performed before, during, or
after assembly, do not constitute further fabrication, and shall not
preclude the application of the exemption. The following are examples of
operations which are incidental to the assembly process:
(1) Cleaning;
(2) Removal of rust, grease, paint, or other preservative coating;
(3) Application of preservative paint or coating, including
preservative metallic coating, lubricants, or protective encapsulation;
(4) Trimming, filing, or cutting off of small amounts of excess
materials;
(5) Adjustments in the shape or form of a component to the extent
required by the assembly being performed abroad;
(6) Cutting to length of wire, thread, tape, foil, and similar
products exported in continuous length; separation by cutting of
finished components, such as prestamped integrated circuit lead frames
exported in multiple unit strips; and
(7) Final calibration, testing, marking, sorting, pressing, and
folding of assembled articles.
(c) Operations not incidental to the assembly process. Any
significant process, operation, or treatment other than assembly whose
primary purpose is the fabrication, completion, physical or chemical
improvement of a component, or which is not related to the assembly
process, whether or not it effects a substantial transformation of the
article, shall not be regarded as incidental to the assembly and shall
preclude the application of the exemption to such article. The following
are examples of operations not considered incidental to the assembly as
provided under subheading 9802.00.80, Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202):
(1) Melting of exported ingots and pouring of the metal into molds
to produce cast metal parts;
(2) Cutting of garment parts according to pattern from exported
material;
(3) Painting primarily intended to enhance the appearance of an
article or to impart distinctive features or characteristics;
(4) Chemical treatment of components or assembled articles to impart
new characteristics, such as showerproofing, permapressing, sanforizing,
dying or bleaching of textiles;
(5) Machining, polishing, burnishing, peening, plating (other than
plating incidental to the assembly), embossing, pressing, stamping,
extruding, drawing, annealing, tempering, case hardening, and any other
operation, treatment or process which imparts significant new
characteristics or qualities to the article affected.
(d) Joining of American-made and foreign-made components. An
assembly operation may involve the use of American-made components and
foreign-made components. The various requirements for establishing
entitlement to the exemption apply only to the American-made components
of the assembly.
Example. Diodes are assembled abroad from American-made components.
The process includes the encapsulation of the assembled components in a
plastic shell. The plastic used for the encapsulation is in the form of
[[Page 91]]
a pellet, and is of foreign origin. After the prefabricated diode
components are assembled, the assembled unit is placed in a transfer
molding machine, where, by use of the pellet, molten epoxy is caused to
flow around the perimeters of the assembled components, forming upon
solidification a plastic body for the diode. Upon importation, exemption
may be granted for the value of the American-made components, but not
for the value of the plastic pellet. If the plastic pellet used for
encapsulation was of United States origin, its value would still be a
part of the dutiable value of the diode, because the plastic pellet is
not a fabricated component of a type designed to be fitted together by
assembly, but merely a premeasured quantity of material which was
applied to the assembled unit by a process not constituting an assembly.
(e) Subassembly. An assembly operation may involve the joining or
fitting of American-made components into a part or subassembly of an
article, followed by the installation of the part or subassembly into
the complete article.
Example. Rolls of foil and rolls of paper are exported and cut to
specific length abroad and interleaved and rolled to form the electrodes
and dielectric of a capacitor. Following this procedure, the rolls are
assembled with cans and other parts to form a complete capacitor. The
foil and paper are entitled to the exemption.
(f) Packing. The packing abroad of merchandise into containers does
not in itself qualify either the containers or their contents for the
exemption. However, assembled articles which otherwise qualify for the
exemption and which are packaged abroad following their assembly will
not be disqualified from the exemption by reason of their having been so
packaged, whether for retail sale or for bulk shipment. The tariff
status of the packing materials or containers will be determined in
accordance with General Rule of Interpretation 5, HTSUS (19 U.S.C.
1202).
[T.D. 75-230, 40 FR 43023, Sept. 18, 1975, as amended by T.D. 89-1, 53
FR 51248, Dec. 21, 1988]
Sec. 10.17 Valuation of exempted components.
The value of fabricated components to be subtracted from the full
value of the assembled article is the cost of the components when last
purchased, f.o.b. United States port of exportation or point of border
crossing as set out in the invoice and entry papers, or, if no purchase
was made, the value of the components at the time of their shipment for
exportation, f.o.b. United States port of exportation or point of border
crossing, as set out in the invoice and entry papers. However, if the
appraising officer concludes that the cost or value of the fabricated
components so ascertained does not represent a reasonable cost or value,
then the value of the components shall be determined in accordance with
section 402 or section 402a, Tariff Act of 1930, as amended (19 U.S.C.
1401a, 1402).
[T.D. 75-230, 40 FR 43024, Sept. 18, 1975]
Sec. 10.18 Valuation of assembled articles.
As in the case of the appraisement of any other import merchandise
(see subpart C of part 152 of this chapter), the full value of assembled
articles imported under subheading 9802.00.80, Harmonized Tariff
Schedule of the United States (HTSUS) (19 U.S.C. 1202), is determined in
accordance with 19 CFR 152.100 et seq.
[T.D. 87-89, 52 FR 24445, July 1, 1987, as amended by T.D. 89-1, 53 FR
51248, Dec. 21, 1988]
Secs. 10.19--10.20 [Reserved]
Sec. 10.21 Updating cost data and other information.
When a claim for the exemption is predicated on estimated cost data
furnished either in advance of or at the time of entry, this fact should
be clearly stated in writing at the time of entry, and suspension of
liquidation may be requested by the importer or his agent pending the
furnishing of actual cost data. Actual cost data must be submitted as
soon as accounting procedures permit. To insure that information used
for Customs purposes is reasonably current, the importer shall
ordinarily be required to furnish updated cost and assembly data at
least every six months, regardless of whether he considers that
significant changes have occurred. The 6-month period for the submission
of updated cost or other data may be extended by the port director if
such extension is appropriate for the type of merchandise involved, or
because of the accounting period normally used in the
[[Page 92]]
trade, or because of other relevant circumstances.
[T.D. 75-230, 40 FR 43025, Sept. 18, 1975]
Sec. 10.23 Standards, quotas, and visas.
All requirements and restrictions applicable to imported
merchandise, such as labeling, radiation standards, flame-retarding
properties, quotas, and visas, apply to assembled articles eligible for
the exemption in the same manner as they would apply to all other
imported merchandise.
[T.D. 75-230, 40 FR 43025, Sept. 18, 1975]
Sec. 10.24 Documentation.
(a) Documents required. The following documents shall be filed in
connection with the entry of assembled articles claimed to be subject to
the exemption under subheading 9802.00.80, Harmonized Tariff Schedule of
the United States (HTSUS) (19 U.S.C. 1202).
(1) Declaration by the assembler. A declaration by the person who
performed the assembly operations abroad shall be filed in substantially
the following form:
I, ----------, declare that to the best of my knowledge and belief
the ---------- were assembled in whole or in part from fabricated
components listed and described below, which are products of the United
States:
----------------------------------------------------------------------------------------------------------------
Unit value at
Marks of time and place Port and date of
identification, Description of Quantity of export from export from Name and address
numbers component United States United States of manufacturer
\1\
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ In accordance with U.S. Note 4 to Subchapter II of Chapter 98, Harmonized Tariff Schedule of the United
States (19 U.S.C. 1202).
Description of the operations performed abroad on the exported components (in sufficient detail to enable
Customs officers to determine whether the operations performed are within the preview of subheading
9802.00.80, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202) (attach supplemental sheet if
more space is required)):
_______________________________________________________________________
Date Signature
_______________________________________________________________________
Address Capacity
(2) Endorsement by the importer. An endorsement, in substantially
the following form, shall be signed by the importer:
I declare that to the best of my knowledge and belief the (above),
(attached) declaration, and any other information submitted herewith, or
otherwise supplied or referred to, is correct in every respect and there
has been compliance with all pertinent legal notes to the Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202).
_______________________________________________________________________
Date Signature
_______________________________________________________________________
Address Capacity
(b) Revision of format. In specific cases, the port director may
revise the format of either of the documents specified in paragraph (a)
of this section and may make such changes as conditions warrant,
provided the data and information required to be supplied in these
documents are presented. For example, if the components were furnished
by the importer, the information on components may be supplied as part
of the importer's endorsement, rather than as part of the assembler's
declaration.
(c) Reference to previously filed documents. In lieu of filing
duplicate lists of components and descriptions of assembly operations
with each entry, the documents specified in paragraph (a) of this
section may refer to assembly descriptions and lists of components
previously filed with and approved by the port director, or to records
showing costs, names of manufacturers, and other necessary data on
components, provided the importer has arranged with the port director to
maintain such records and keep them available for examination by
authorized Customs officers.
(d) Waiver of specific details for each entry. There are cases where
large quantities of United States components are purchased from various
sources or exported at various ports and dates on a continuing basis, so
that
[[Page 93]]
it is impractical to identify the exact source, port and date of export
for each particular component included in an entry of merchandise
claimed to be subject to the exemption under subheading 9802.00.80,
HTSUS (19 U.S.C. 1202). In these cases, specific details such as the
port and date of export and the name of the manufacturer of the United
States components may be waived if the port director is satisfied that
the importer and assembler have established reliable controls to insure
that all components for which the exemption is claimed are in fact
products of the United States. These controls shall include strict
physical segregation of United States and foreign components, as well as
records of United States components showing quantities, sources, costs,
dates shipped abroad, and other necessary information. These records
shall be maintained by the importer and assembler for 5 years from the
date of the released entry in a manner so that they are readily
available for audit, inspection, copying, reproduction or other official
use by authorized Customs officers.
(e) Waiver of documents. When the port director is satisfied that
unusual circumstances make the production of either or both of the
documents specified in paragraph (a) of this section, or of any of the
information set forth therein, impractical and is further satisfied that
the requirements of subheading 9802.00.80, HTSUS, and related legal
notes have been met, he may waive the production of such document(s) or
information.
(f) Unavailability of documents at time of entry. If either or both
of the documents specified in paragraph (a) of this section are not
available at the time of entry, a bond on Customs Form 301 containing
the bond conditions set forth in Sec. 113.62 of this chapter for the
production of the document(s) may be given pursuant to Secs. 113.41--
113.46 and 141.66 of this chapter.
(g) Responsibility of correctness. Subject to the civil and criminal
sanctions provided by law for false or fraudulent entries, the importer
has the ultimate responsibility for supplying all information needed by
the Customs Service to process an entry, and for the completeness and
truthfulness of such information. If certain information cannot be
supplied by the assembler, it must be provided by the importer.
[T.D. 75-230, 40 FR 43025, Sept. 18, 1975, as amended by T.D. 79-159, 44
FR 31967, June 4, 1979; T.D. 84-213, 49 FR 41165, Oct. 19, 1984; T.D.
89-1, 53 FR 51248, Dec. 21, 1988]
Sec. 10.25 Textile components cut to shape in the United States and assembled abroad.
Where a textile component is cut to shape (but not to length, width,
or both) in the United States from foreign fabric and exported to
another country, territory, or insular possession for assembly into an
article that is then returned to the United States and entered, or
withdrawn from warehouse, for consumption on or after July 1, 1996, the
value of the textile component shall not be included in the dutiable
value of the article. For purposes of determining whether a reduction in
the dutiable value of an imported article may be allowed under this
section:
(a) The terms ``textile component'' and ``fabric'' have reference
only to goods covered by the definition of ``textile or apparel
product'' set forth in Sec. 102.21(b)(5) of this chapter;
(b) The operations performed abroad on the textile component shall
conform to the requirements and examples set forth in Sec. 10.16 insofar
as they may be applicable to a textile component; and
(c) The valuation and documentation provisions of Secs. 10.17,
10.18, 10.21 and 10.24 shall apply.
[T.D. 95-69, 60 FR 46196, Sept. 5, 1995; T.D. 95-69, 60 FR 55995, Nov.
6, 1995]
Sec. 10.26 Articles assembled or processed in a beneficiary country in whole of U.S. components or ingredients; articles assembled in a beneficiary country
from textile components cut to shape in the United States.
(a) No article (except a textile article, apparel article, or
petroleum, or any product derived from petroleum, provided for in
heading 2709 or 2710, Harmonized Tariff Schedule of the United States
(HTSUS)) shall be treated as a foreign article or as subject to duty:
(1) If the article is assembled or processed in a beneficiary
country in whole
[[Page 94]]
of fabricated components that are a product of the United States; or
(2) If the article is processed in a beneficiary country in whole of
ingredients (other than water) that are a product of the United States;
and
(3) Neither the fabricated components, materials or ingredients
after their exportation from the United States, nor the article before
its importation into the United States, enters into the commerce of any
foreign country other than a beneficiary country.
(b) No article (except a textile or apparel product) entered, or
withdrawn from warehouse, for consumption on or after July 1, 1996,
shall be treated as a foreign article or as subject to duty:
(1) If the article is assembled in a beneficiary country in whole of
textile components cut to shape (but not to length, width, or both) in
the United States from foreign fabric; or
(2) If the article is assembled in a beneficiary country in whole of
both textile components described in paragraph (b)(1) of this section
and components that are products of the United States; and
(3) Neither the components after their exportation from the United
States, nor the article before its importation into the United States,
enters into the commerce of any foreign country other than a beneficiary
country.
(c) For purposes of this section:
(1) The terms ``textile article'', ``apparel article'', and
``textile or apparel product'' cover all articles, other than footwear
and parts of footwear, that are classifiable in an HTSUS subheading
which carries a textile and apparel category number designation;
(2) The term ``beneficiary country'' has the meaning set forth in
Sec. 10.191(b)(1); and
(3) A component, material, ingredient, or article shall be deemed to
have not entered into the commerce of any foreign country other than a
beneficiary country if:
(i) The component, material, or ingredient was shipped directly from
the United States to a beneficiary country, or the article was shipped
directly to the United States from a beneficiary country, without
passing through the territory of any non-beneficiary country; or
(ii) Where the component, material, ingredient, or article passed
through the territory of a non-beneficiary country while en route to a
beneficiary country or the United States:
(A) The invoices, bills of lading, and other shipping documents
pertaining to the component, material, ingredient, or article show a
beneficiary country or the United States as the final destination and
the component, material, ingredient, or article was neither sold at
wholesale or retail nor subjected to any processing or other operation
in the non-beneficiary country; or
(B) The component, material, ingredient, or article remained under
the control of the customs authority of the non-beneficiary country and
was not subjected to operations in that non-beneficiary country other
than loading and unloading and activities necessary to preserve the
component, material, ingredient, or article in good condition.
[T.D. 95-69, 60 FR 46197, Sept. 5, 1995]
Free Entry--Articles for the Use of Foreign Military Personnel
Sec. 10.30c [Reserved]
Temporary Importations Under Bond
Sec. 10.31 Entry; bond.
(a)(1) Entry of articles brought into the United States temporarily
and claimed to be exempt from duty under Chapter 98, Subchapter XIII,
Harmonized Tariff Schedule of the United States (HTSUS), unless covered
by an A.T.A. carnet or a TECRO/AIT carnet as provided in part 114 of
this chapter, shall be made on Customs Form 3461 or 7533, supported by
the documentation required by Sec. 142.3 of this chapter. However, when
Sec. 10.36 or Sec. 10.36a is applicable, or the aggregate value of the
article is not over $250, the form prescribed for the informal entry of
importations by mail, in baggage, or by other means, may be used. When
entry is made on Customs Form 3461 or 7533, an entry summary. Customs
Form 7501, shall be filed within 10 days after time of entry, in
accordance with subpart B, part 142 of this chapter.
(2) If Customs Form 7501 is filed at time of entry, it shall serve
as both the
[[Page 95]]
entry and entry summary, and Customs Form 3461 or 7533 shall not be
required. Customs Form 7501 shall be in original only, except for
entries under subheading 9813.00.05, HTSUS, which require a duplicate
copy for statistical purposes. When articles are entered under an A.T.A.
carnet or a TECRO/AIT carnet, the importation voucher of the carnet
shall serve as the entry.
(3) In addition to the data usually shown on a regular consumption
entry summary, each temporary importation bond entry summary shall
include:
(i) The HTSUS subheading number under which entry is claimed.
(ii) A statement of the use to be made of the articles in sufficient
detail to enable the port director to determine whether they are
entitled to entry as claimed, and
(iii) A declaration that the articles are not to be put to any other
use and that they are not imported for sale or sale on approval.
(b) The port director, if he is satisfied as to the importer's
identity and good faith, may admit a vehicle or craft brought in by a
nonresident to take part in a race or other specific contest for which
no money purse is awarded, under the provisions of subheading
9813.00.35, HTSUS, without formal entry or security for exportation. If
at the time of arrival it appears that the article is likely to remain
in the United States beyond 90 days, formal entry and bond shall be
taken.
(c) When any article has been admitted without formal entry or
security for exportation and the importer thereafter desires to prolong
his stay beyond 90 days, an entry covering the article and security for
its exportation shall be accepted at any port where the article may be
presented for entry. The time during which the imported article may
remain in the United States under the entry shall be computed from the
date of its original arrival in the United States. The estimated duties
for the purpose of fixing the amount of any bond required by paragraph
(f) of this section shall be the estimated duties which would have been
required to be deposited had the article been entered under an ordinary
consumption entry on the date of the original arrival.
(d) [Reserved]
(e) The entry or invoice shall: (1) Describe each article in detail;
(2) set forth the value of each article; and (3) set forth any marks or
numbers thereon or other distinguishing features thereof. In the case of
a vehicle, aircraft, or pleasure boat entered under subheading
9813.00.05, HTSUS and Sec. 10.36a, the registration number, and engine
or motor number, and the body number (if available) shall also be shown
on the entry. Examination of the imported articles shall be made
whenever the circumstances warrant, and occasionally in any event to an
extent which will enable the Customs officer to determine that the
importation is in agreement with the invoice or entry as to identity and
quantity and for the purpose of accepting the entry under the applicable
provisions of Chapter 98, Subchapter XIII, HTSUS. No examination for the
purpose of appraisement and no appraisement of the articles shall be
made.
(f) With the exceptions stated herein, a bond shall be given on
Customs Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter, in an amount equal to double the duties,
including fees, which it is estimated would accrue (or such larger
amount as the port director shall state in writing or by the electronic
equivalent to the entrant is necessary to protect the revenue) had all
the articles covered by the entry been entered under an ordinary
consumption entry. In the case of samples solely for use in taking
orders entered under subheading 9813.00.20, HTSUS, motion-picture
advertising films entered under subheading 9813.00.25, HTSUS, and
professional equipment, tools of trade and repair components for such
equipment or tools entered under subheading 9813.00.50, HTSUS, the bond
required to be given shall be in an amount equal to 110 percent of the
estimated duties, including fees, determined at the time of entry. If
appropriate a carnet, under the provisions of part 114 of this chapter,
may be filed in lieu of a bond on Customs Form 301 (containing the bond
conditions set forth in Sec. 113.62 of this chapter). Cash deposits in
the amount of the bond may be accepted in lieu of sureties. When the
articles are entered under subheading 9813.00.05, 9813.00.20,
[[Page 96]]
or 9813.00.50, HTSUS without formal entry, as provided for in
Secs. 10.36 and 10.36a, or the amount of the bond taken under any
subheading of Chapter 98, Subchapter XIII, HTSUS, is less than $25, the
bond shall be without surety or cash deposit, and the bond shall be
modified to so indicate. In addition, notwithstanding any other
provision of this paragraph, in the case of professional equipment
necessary for carrying out the business activity, trade or profession of
a business person, equipment for the press or for sound or television
broadcasting, cinematographic equipment, articles imported for sports
purposes and articles intended for display or demonstration, if brought
into the United States by a resident of Canada or Mexico and entered
under Chapter 98, Subchapter XIII, HTSUS, no bond or other security
shall be required if the entered article is a good originating in Canada
or Mexico within the meaning of General Note 12, HTSUS.
(g) Claim for free entry under Chapter 98, Subchapter XIII, HTSUS
may be made for articles of any character described therein which have
been previously entered under any other provision of law and the entry
amended accordingly upon compliance with the requirements of this
section, provided the articles have not been released from Customs
custody, or even though released from Customs custody if it is
established that the original entry was made on the basis of a clerical
error, mistake of fact, or other inadvertence within the meaning of
section 520(c)(1), Tariff Act of 1930, as amended, and was brought to
the attention of the Customs Service within the time limits of that
section. If an entry is so amended, the period of time during which the
merchandise may remain in the Customs territory of the United States
under bond shall be computed from the date of importation. In the case
of articles covered by an informal mail entry, such a claim may be made
within a reasonable time either before or after the articles have been
released from Customs custody.
(h) After the entry and bond have been accepted, the articles may be
released to the importer. The entry shall not be liquidated as the
transaction does not involve liquidated duties. However, a TIB importer
may be required to file an entry for consumption and pay duties, or pay
liquidated damages under its bond for a failure to do so, in the case of
merchandise imported under subheading 9813.00.05, HTSUS, and
subsequently exported to Canada or Mexico (see Sec. 181.53 of this
chapter).
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 66-39, 31 FR 2817, Feb.
17, 1966; T.D. 69-146, 34 FR 9798, June 25, 1969; T.D. 70-89, 35 FR
6002, Apr. 11, 1970; T.D. 79-221, 44 FR 46813, Aug. 9, 1979; 44 FR
51567, Sept. 4, 1979; T.D. 80-26, 45 FR 3901, Jan. 21, 1980; T.D. 84-
213, 49 FR 41165, Oct. 19, 1984; T.D. 89-1, 53 FR 51248, Dec. 21, 1988;
T.D. 94-1, 58 FR 69470, Dec. 30, 1993; T.D. 95-22, 60 FR 14632, Mar. 20,
1995; T.D. 96-14, 61 FR 2910, Jan. 30, 1996; T.D. 98-10, 63 FR 4167,
Jan. 28, 1998]
Sec. 10.33 Theatrical effects.
For purposes of the entry of theatrical scenery, properties and
apparel under subheading 9813.00.65, Harmonized Tariff Schedule of the
United States:
(a) Animals imported for use or exhibition in theaters or menageries
may be classified as theatrical properties; and
(b) The term ``theatrical scenery, properties and apparel'' shall
not be construed to include motion-picture films.
For provisions relating to the return without formal entry of theatrical
effects taken from the United States, see Sec. 10.68 of this part.
[T.D. 92-85, 57 FR 40605, Sept. 4, 1992]
Sec. 10.35 Models of women's wearing apparel.
(a) Models of women's wearing apparel admitted under subheading
9813.00.10, Harmonized Tariff Schedule of the United States (HTSUS),
shall not be removed from the importer's establishment for reproducing,
copying, painting, sketching, or for any other use by others, nor be
used in the importer's establishment for such purposes except by the
importer or his employees.
(b) Invoices covering models of women's wearing apparel entered
under subheading 9813.00.10 or 9813.00.25, HTSUS shall state the kind
and color of the
[[Page 97]]
principal material from which the apparel is made, and shall contain a
description of the lining and the trimming, stating whether composed of
fur, lace, embroidery, or other material. Invoices shall also contain a
statement as to how the trimming is applied, that is, whether on the
cuffs, collar, sleeves, or elsewhere, and the total value of each
completed garment or article.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 87-75, 52 FR 20066, May
29, 1987; T.D. 89-1, 53 FR 51248, Dec. 21, 1988]
Sec. 10.36 Commercial travelers' samples; professional equipment and tools of trade; theatrical effects and other articles.
(a) Samples accompanying a commercial traveler who presents an
adequate descriptive list or a special Customs invoice, and professional
equipment, tools of trade, and repair components for such equipment or
tools imported in his baggage for his own use by a nonresident
sojourning temporarily in the United States may be entered on the
importer's baggage declaration in lieu of formal entry and examination
and may be passed under subheadings 9813.00.20 or 9813.00.50, Harmonized
Tariff Schedule of the United States, (HTSUS), at the place of arrival
in the same manner as other passengers' baggage. The examination may be
made by an inspector who is qualified, in the opinion of the port
director, to determine the amount of the bond required by Sec. 10.31(c)
to be filed in support of the entry. If the articles are a commercial
traveler's samples and exceed $500 in value, a special Customs invoice
or a descriptive list shall be furnished.
(b) When the proprietor or manager of a theatrical exhibition
arriving from abroad who has entered his scenery, properties, and
apparel under subheading 9813.00.65, HTSUS, contemplates side trips to a
contiguous country with the exhibition within the period of time during
which the merchandise may remain in the Customs territory of the United
States under bond, including any lawful extension, a copy of the entry
covering the effects and a copy of a descriptive list of such effects or
invoice furnished by him may be certified by the examining officer and
returned to the proprietor or manager for use in registering the effects
with the Customs officers at the port of exit, and in clearing them
through Customs on his return. Cancellation of the bond shall be
effected by exportation in accordance with the provisions of Sec. 10.38
at the time the theatrical effects are finally taken out of the United
States before the expiration of the period of time during which the
merchandise may remain in the Customs territory of the United States
under bond, including any lawful extension. Similar treatment may be
accorded articles entered under other subheadings in chapter 98,
subchapter XIII, HTSUS, upon approval by Headquarters, U.S. Customs
Service.
(c) When a commercial traveler contemplates side trips to a
contiguous country within the period of time during which the
merchandise may remain in the Customs territory of the United States
under bond, including any lawful extension, a copy of his baggage
declaration and a copy of the descriptive list or special Customs
invoice furnished by him may be certified by the examining officer and
returned to the traveler for use in registering the samples with Customs
officers at the port of exit, and in clearing them through Customs upon
his return. Cancellation of the bond shall be effected by exportation in
accordance with the provisions of Sec. 10.38 at the time the samples are
finally taken out of the United States before the expiration of the
period of time during which the merchandise may remain in the Customs
territory of the United States under bond, including any lawful
extension.
(d) The privilege of clearance of commercial travelers' samples or
professional equipment, tools of trade, and repair components for such
equipment or tools imported for his own use by a nonresident sojourning
temporarily in the United States on a baggage declaration under bond
without surety or cash deposit shall not be accorded to a commercial
traveler or such nonresident who, through fraud or culpable negligence,
has failed to comply with the provisions of such a bond in connection
with a prior arrival.
[[Page 98]]
Such a commercial traveler or nonresident shall be required to file a
formal entry under subheading 9813.00.20 or subheading 9813.00.50, HTSUS
with a bond supported by a surety or cash deposit in lieu of surety.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 69-146, 34 FR 9799, June
25, 1969; T.D. 84-213, 49 FR 41165, Oct. 19, 1984; T.D. 89-1, 53 FR
51248, Dec. 21, 1988]
Sec. 10.36a Vehicles, pleasure boats and aircraft brought in for repair or alteration.
(a) A vehicle (such as an automobile, truck, bus, motorcycle,
tractor, trailer), pleasure boat, or aircraft brought into the United
States by an operator of such vehicle, pleasure boat, or aircraft for
repair or alteration (as defined in Secs. 10.8 and 181.64 of this
chapter) may be entered on the operator's baggage declaration, in lieu
of formal entry and examination, and may be passed under subheading
9813.00.05, Harmonized Tariff Schedule of the United States (HTSUS), at
the place of arrival in the same manner as passengers' baggage. When the
vehicle, aircraft, or pleasure boat to be entered is being towed by or
transported on another vehicle, the operator of the towing or
transporting vehicle may make entry for the vehicle, aircraft or
pleasure boat to be repaired or altered. The bond, prescribed by
Sec. 10.31(f), filed to support entry under this section shall be
without surety or cash deposit except as provided by this paragraph and
paragraph (d) of this section. The examination may be made by an
inspector who is qualified to determine the amount of such bond to be
filed in support of the entry. The privilege accorded by this paragraph
shall not apply when two or more vehicles, pleasure boats, or aircraft
are to be entered by the same importer under subheading 9813.00.05,
HTSUS, at the same time. In that event, the importer must file a formal
entry supported by bond with surety or cash deposit in lieu of surety.
(b) Each vehicle, pleasure boat, or aircraft to which paragraph (a)
of this section is applicable shall be identified on the operator's
baggage declaration, which must include the data prescribed in
paragraphs (a) and (e) of Sec. 10.31.
(c) Exportation shall be effected in accordance with the provisions
of Sec. 10.38.
(d) The privilege of clearance of a vehicle, pleasure boat, or
aircraft brought in by the operator of such vehicle, pleasure boat, or
aircraft, for repair or alteration on his baggage declaration under bond
without surety or cash deposit shall not be granted to an individual who
has failed to comply with the provisions of such a bond in connection
with any prior arrival. Such individual shall be required to file a
formal entry under subheading 9813.00.05, HTSUS, with a bond supported
by a surety or cash deposit in lieu of surety.
[T.D. 66-39, 31 FR 2817, Feb. 17, 1966, as amended by T.D. 84-213, 49 FR
41165, Oct. 19, 1984; T.D. 89-1, 53 FR 51248, Dec. 21, 1988; T.D. 94-1,
58 FR 69470, Dec. 30, 1993]
Sec. 10.37 Extension of time for exportation.
The period of time during which merchandise entered under bond under
chapter 98, subchapter XIII, Harmonized Tariff Schedule of the United
States (19 U.S.C. 1202), may remain in the Customs territory of the
United States, may be extended for not more than two further periods of
1 year each, or such shorter period as may be appropriate. Extensions
may be granted by the director of the port where the entry was filed
upon written application on Customs Form 3173, provided the articles
have not been exported or destroyed before the receipt of the
application, and liquidated damages have not been assessed under the
bond before receipt of the application. Any untimely request for an
extension of time for exportation shall be referred to the Director,
Commercial Rulings Division, Customs Headquarters, for disposition. Any
request for relief from a liquidated damage assessment in excess of a
Fines, Penalties, and Forfeitures Officer's delegated authority shall be
referred to the Director, International Trade Compliance Division,
Customs Headquarters, for disposition.
[[Page 99]]
No extension of the period for which a carnet is valid shall be granted.
[T.D. 69-146, 34 FR 9799, June 25, 1969, as amended by T.D. 84-213, 49
FR 41165, Oct. 19, 1984; T.D. 89-1, 53 FR 51249, Dec. 21, 1988; T.D. 91-
77, 56 FR 46114, Sept. 10, 1991; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
Sec. 10.38 Exportation.
(a) Articles entered under chapter 98, subchapter XIII, Harmonized
Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202) may be
exported at the port of entry or at another port. An application on
Customs Form 3495 shall be filed in duplicate with the port director a
sufficient length of time in advance of exportation to permit the
examination and identification of the articles if circumstances warrant
such action and, in such event, the applicant shall be notified on a
copy of Customs Form 3495 where the articles are to be sent for
identification. If a carnet was used for entry purposes, the
reexportation voucher of the carnet shall be filed, in addition to
Customs Form 3495, and the carnet shall be presented for certification.
(b) All expenses in connection with the delivery of the articles for
examination, the cording and sealing of such articles, and their
transfer for exportation shall be paid by the parties in interest.
(c) If exportation is to be made at a port other than the one at
which the merchandise was entered, the application on Customs Form 3495
shall be filed in triplicate. There shall also be filed with the
application a certified copy of the import entry or a certified copy of
the invoice used on entry.
(d) If the goods are examined at one port and are to be exported
from another port, they shall be forwarded to the port of exportation
under a transportation and exportation entry. In such cases Customs Form
3495 shall be filed in triplicate. Articles entered under a carnet shall
not be examined elsewhere than at the port from which they are to be
exported.
(e) If the articles are to be exported by mail or parcel post, the
package containing the articles must be mailed under Customs supervision
after examination. Waiver of the right to withdraw the package from the
mails shall be endorsed on each package to be so exported and signed by
the exporter.
(f) Whenever the circumstances warrant, and occasionally in any
event, port directors shall cause the fact of exportation to be verified
by the Office of Enforcement in harmony with the procedures provided for
in Secs. 18.7 and 191.61 of this chapter.
(g) Upon the presentation of satisfactory evidence to the director
of the port at which samples were entered under subheading 9813.00.20,
HTSUS, or professional equipment or tools of trade were entered under
subheading 9813.00.50, HTSUS, that such articles cannot be exported for
the reason that they have been seized (other than by seizure at the suit
of private persons), the requirement of exportation shall be suspended
for the duration of the seizure. The articles shall be exported promptly
after release from seizure.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 69-146, 34 FR 9799, June
25, 1969; T.D. 83-212, 48 FR 46771, Oct. 14, 1983; T.D. 84-213, 49 FR
41165, Oct. 19, 1984; T.D. 89-1, 53 FR 51249, Dec. 21, 1988; T.D. 91-77,
56 FR 46114, Sept. 10, 1991; T.D. 98-16, 63 FR 11004, Mar. 5, 1998]
Sec. 10.39 Cancellation of bond charges.
(a) Charges against bonds taken pursuant to Chapter 98, Subchapter
XIII, Harmonized Tariff Schedule of the United States, (HTSUS), may be
canceled in the manner prescribed in Sec. 113.55 of this chapter. A
completed reexportation counterfoil on a carnet establishes that the
articles covered by the carnet have been exported, and no claim shall be
brought against the guaranteeing association under the carnet for
failure to export, except under the provisions of Sec. 114.26 of this
chapter. In the case of articles entered under subheading 9813.00.30,
HTSUS, which are destroyed because of their use for the purposes of
importation, the bond charge shall not be canceled unless there is
submitted to the port director a certificate of the importer that the
articles were destroyed during the course of a specifically described
use, and the port director is satisfied that the articles were so
destroyed as articles of commerce within the period of time during which
the articles may remain in the Customs territory of the United States
under bond (including
[[Page 100]]
any lawful extension). Bonds covering articles entered under other
provisions of law shall not be canceled upon proof of destruction,
except as provided for in paragraph (c) of this section, unless the
articles are destroyed under Customs supervision in accordance with
section 557, Tariff Act of 1930, as amended, and Sec. 158.43 of this
chapter.
(b) Where exportation has been made at a port other than the port of
entry, the bond may be canceled upon the certificate of lading received
from the port of exportation, showing that such exportation was made
within the period of time during which the articles may remain in the
Customs territory of the United States under bond. In addition, the port
director may require the production of a landing certificate signed by a
revenue officer of the country to which the merchandise is exported.
(c) When articles entered temporarily free of duty under bond are
destroyed within the bond period by death, accidental fire, or other
casualty, petition for relief from liability under the bond shall be
made to the United States Customs Service. The petition shall be
accompanied by a statement of the importer, or other person having
knowledge of the facts, setting forth the circumstances of the
destruction of the articles.
(d)(1) If any article entered under Chapter 98, subchapter XIII,
HTSUS, except those entered under a carnet, has not been exported or
destroyed in accordance with the regulations in this part within the
period of time during which the articles may remain in the Customs
territory of the United States under bond (including any lawful
extension), the Fines, Penalties, and Forfeitures Officer shall make a
demand in writing under the bond for the payment of liquidated damages
equal to double the estimated duties applicable to such entry, unless a
different amount is prescribed by Sec. 10.31(f). The demand shall
include a statement that a written petition for relief from the payment
of the full liquidated damages may be filed with the Fines, Penalties,
and Forfeitures Officer within 60 days after the date of the demand. For
purposes of this section, the term estimated duties shall include any
merchandise processing fees applicable to such entry.
(2) If articles entered under a carnet have not been exported or
destroyed in accordance with the regulations in this part within the
carnet period, the port director shall promptly after expiration of that
period make demand in writing upon the importer and guaranteeing
association for the payment of liquidated damages in the amount of 110
percent of the estimated duties on the articles not exported or
destroyed. The guaranteeing association shall have a period of 6 months
from the date of claim in which to furnish proof of the exportation or
destruction of the articles under conditions set forth in the Convention
or Agreement under which the carnet is issued. If such proof is not
furnished within the 6-month period, the guaranteeing association shall
forthwith pay the liquidated damages provided for above. The payment
shall be refunded if the guaranteeing association within 3 months from
the date of payment furnishes the proof referred to above. No claim for
payment under a carnet covering a temporary importation may be made
against the guaranteeing association more than 1 year after the
expiration of the period for which the carnet was valid.
(3) Demand for return to Customs custody. When the demand for return
to Customs custody is made in the case of merchandise entered under
Chapter 98, subchapter XIII, HTSUS (19 U.S.C. 1202), liquidated damages
in an amount equal to double the estimated duties on the merchandise not
returned shall be demanded, except that in the case of samples solely
for use in taking orders, motion-picture advertising films, professional
equipment, tools of trade, and repair components for professional
equipment and tools of trade, the liquidated damages demanded shall be
in an amount equal to 110 percent of the estimated duties.
(e) If there has been a default with respect to all the articles
covered by the bond and a written petition for relief has been timely
filed as provided in part 172 of this chapter, it shall be reviewed by
the Fines, Penalties, and Forfeitures Officer if the full amount of the
claim does not exceed $100,000
[[Page 101]]
and by the Director, International Trade Compliance Division, Office of
Regulations and Rulings, Customs Headquarters, if the full amount of the
claim exceeds $100,000. If the full amount of liquidated damages
demanded does not exceed $100,000 and the Fines, Penalties, and
Forfeitures Officer is satisfied that the importation was properly
entered under Chapter 98, subchapter XIII, and that there was no intent
to defraud the revenue or delay the payment of duty, the port director
may cancel the liability for the payment of liquidated damages as
follows:
(1) If evidence is furnished which satisfies the Fines, Penalties,
and Forfeitures Officer that the article would have been entitled to
free entry as domestic products exported and returned had the evidence
been furnished at the time of entry, without the collection of
liquidated damages.
(2) If the article has been exported or destroyed under Customs
supervision but not within the period of time during which the articles
may remain in the Customs territory of the United States under bond,
upon the payment of such lesser amount as the port director may deem
appropriate under the law and in view of the circumstances, or without
the collection of liquidated damages if the Fines, Penalties, and
Forfeitures Officer is satisfied that the delay in exportation or
destruction was for the benefit of the United States or was occasioned
wholly by circumstances reasonably beyond the control of the parties
concerned and which could not have been anticipated by a reasonably
prudent person.
(3) If the article was exported or destroyed within the period of
time during which the articles may remain in the Customs territory of
the United States under bond but not under Customs supervision and
satisfactory documentary evidence of actual exportation, such as a
foreign landing certificate, or of death or other complete destruction,
such as a veterinarian's certificate or certificates of two
disinterested witnesses, are furnished together with a complete
explanation by the applicant of the failure to obtain Customs
supervision, upon the payment of such lesser amount as the Fines,
Penalties, and Forfeitures Officer may deem appropriate under the law
and in view of the circumstances, or without the collection of
liquidated damages if the port director is satisfied that the
merchandise was destroyed under circumstances which precluded any
arrangement to obtain Customs supervision. Satisfactory documentary
evidence of exportation, in the case of carnets, would include the
particulars regarding importation or reimportation entered in the carnet
by the Customs authorities of another contracting party, or a
certificate with respect to importation or reimportation issued by those
authorities, based on the particulars shown on a voucher which was
detached from the carnet on importation or reimportation into their
territory, provided it is shown that the importation or reimportation
took place after the exportation which it is intended to establish.
(4) Upon the payment of an amount equal to double the duty which
would have accrued on the articles had they been entered under an
ordinary consumption entry, or equal to 110 percent of such duties where
that percentage is prescribed in Sec. 10.31(f), if such amount is
determined to be less than the full amount of the bond.
(f) If there has been compliance with the terms of the bond with
respect to part of but not all the articles covered thereby and a
written petition for relief is filed as provided in part 172 of this
chapter, and if that part of the liability for liquidated damages which
represents double the duty or 110 percent of the duty, as required under
Sec. 10.31(f), on the articles in respect of which there has been a
default does not exceed $100,000, the Fines, Penalties, and Forfeitures
Officer may cancel the total liability for payment of liquidated damages
in any amount upon the payment of an amount equal to double the duty or
110 percent of the duty, as appropriate, on the articles in respect of
which the default occurred, or, under the circumstances enumerated in
paragraphs (e)(1), (2), or (3) of this section, upon payment of such
lesser amount as the Fines, Penalties,
[[Page 102]]
and Forfeitures Officer may deem appropriate, provided the Fines,
Penalties, and Forfeitures Officer is satisfied that the importation was
properly entered under Chapter 98, subchapter XIII, and that there was
no intent to defraud the revenue or delay the payment of duty.
(g) Anticipatory breach. If an importer anticipates that the
merchandise entered under a Temporary Importation Bond will not be
exported or destroyed in accordance with the terms of the bond, the
importer may indicate to Customs in writing before the bond period has
expired of the anticipatory breach. At the time of written notification
of the breach, the importer shall pay to Customs the full amount of
liquidated damages that would be assessed at the time of breach of the
bond, and the entry will be closed. The importer shall notify the surety
in writing of the breach and payment. By this payment, the importer
waives his right to receive a notice of claim for liquidated damages as
required by Sec. 172.1(a) of this chapter.
(h) If the petitioner is not satisfied with the port director's
action under this section and submits a supplemental petition, both the
original and the supplemental petitions shall be transmitted to the
designated Headquarters official with a full report on the case.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 69-146, 34 FR 9799, June
25, 1969; T.D. 70-249, 35 FR 18265, Dec. 1, 1970; T.D. 71-70, 36 FR
4485, Mar. 6, 1971; T.D. 73-308, 38 FR 30549, Nov. 6, 1973; T.D. 74-227,
39 FR 32015, Sept. 4, 1974; T.D. 75-36, 40 FR 5146, Feb. 4, 1975; T.D.
84-213, 49 FR 41165, Oct. 19, 1984; T.D. 89-1, 53 FR 51249, Dec. 21,
1988; T.D. 91-71, 56 FR 40779, Aug. 16, 1991; T.D. 95-22, 60 FR 14632,
Mar. 20, 1995; T.D. 98-10, 63 FR 4167, Jan. 28, 1998; T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 10.40 Refund of cash deposits.
(a) When a cash deposit is made in lieu of surety, it shall be
refunded to the person in whose name the entry is made upon exportation
in compliance with Sec. 10.38.
(b) If any article entered under Chapter 98, subchapter XIII,
Harmonized Tariff Schedule of the United States, is not exported or
destroyed within the period of time during which articles may remain in
the Customs territory of the United States under bond (including any
lawful extension), the port director shall notify the importer in
writing that the entire cash deposit will be transferred to the regular
account as liquidated damages unless a written application for relief
from the payment of the full liquidated damages is filed with the port
director within 60 days after the date of the notice. If such an
application is timely filed, the transfer of the cash deposit to the
regular account as liquidated damages shall be deferred pending the
decision of the Headquarters, U.S. Customs Service or, in appropriate
cases, the port director on the application.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 84-213, 49 FR 41165,
Oct. 19, 1984; T.D. 89-1, 53 FR 41249, Dec. 21, 1988]
International Traffic
Sec. 10.41 Instruments; exceptions.
(a) Locomotives and other railroad equipment, trucks, buses,
taxicabs, and other vehicles used in international traffic shall be
subject to the treatment provided for in part 123 of this chapter.
(b) [Reserved]
(c) Foreign-owned aircraft arriving in the United States shall be
subject to the treatment provided for in part 122 of this chapter,
unless entered under the provisions of Secs. 10.31, 10.183, or paragraph
(d) of this section.
(d) Any foreign-owned locomotive or other railroad equipment, truck,
bus, taxicab, or other vehicle, aircraft, or undocumented boat brought
into the United States for the purpose of carrying merchandise or
passengers between points in the United States for hire or as an element
of a commercial transaction, except as provided at Secs. 123.12 (a) and
(b), 123.14(c), and 141.4(b)(4), is subject to treatment as an
importation of merchandise from a foreign country and a regular entry
for such vehicle, aircraft or boat will be made. The use of any such
vehicle, aircraft, or boat without a proper entry having been made may
result in liabilities being incurred under section 592, Tariff Act of
1930, as amended (19 U.S.C. 1592).
(e) [Reserved]
[[Page 103]]
(f) Material for the maintenance or repair of international cables
under the high seas, if requiring storage in special tanks for
preservation, may be placed in tanks specially bonded for the purpose
and withdrawn therefrom for high-seas installation without the payment
of duty and without limitation of the storage period to the usual 3-year
warehousing period. International cables laid under the territorial
waters of the United States but not brought on shore in the United
States shall be admitted without entry or the payment of duty. With
respect to international cables laid under the territorial waters of the
United States but brought on shore in the United States, only that part
of the cable in the United States between the point of entry into the
territorial waters of the United States and the first point of support
on land in the United States shall be admitted without the payment of
duty.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 70-121, 35 FR 8222, May
26, 1970; T.D. 79-160, 44 FR 31956, June 4, 1979; T.D. 84-109, 49 FR
19450, May 8, 1984; T.D. 88-12, 53 FR 9315, Mar. 22, 1988; T.D. 93-66,
58 FR 44130, Aug. 19, 1993; T.D. 99-79, 64 FR 61205, Nov. 10, 1999]
Sec. 10.41a Lift vans, cargo vans, shipping tanks, skids, pallets, and similar instruments of international traffic; repair components.
(a)(1) Lift vans, cargo vans, shipping tanks, skids, pallets, caul
boards, and cores for textile fabrics, arriving (whether loaded or
empty) in use or to be used in the shipment of merchandise in
international traffic are hereby designated as ``instruments of
international traffic'' within the meaning of section 322(a), Tariff Act
of 1930, as amended. The Commissioner of Customs is authorized to
designate as instruments of international traffic, in decisions to be
published in the weekly Customs Bulletin, such additional articles or
classes of articles as he shall find should be so designated. Such
instruments may be released without entry or the payment of duty,
subject to the provisions of this section.
(2) Repair components, accessories, and equipment for any container
of foreign production which is an instrument of international traffic
may be entered or withdrawn from warehouse for consumption without the
deposit of duty if the person making the entry or withdrawal from
warehouse files a declaration that the repair component was imported to
be used in the repair of a container of foreign production which is an
instrument of international traffic, or that the accessory or equipment
is for a container of foreign production which is an instrument of
international traffic. The port director must be satisfied that the
importer of the repair component, accessory, or equipment had the
declared intention at the time of importation.
(3) As used in this section, ``instruments of international
traffic'' includes the normal accessories and equipment imported with
any such instrument which is a ``container'' as defined in Article 1 of
the Customs Convention on Containers.
(b) The reexportation of a container, as defined in Article 1 of the
Customs Convention on Containers, which has become badly damaged, shall
not be required in the case of a duly authenticated accident if the
container (1) is subjected to applicable import duties and import taxes,
or (2) is abandoned free of all expense to the Government or destroyed
under Customs supervision at the expense of the parties concerned,
following the procedure outlined in Sec. 158.43(c) of this chapter. Any
salvaged parts and materials shall be subjected to applicable import
duties and import taxes. Replaced parts which are not reexported shall
be subjected to import duties and import taxes except where abandoned
free of expense to the Government or destroyed under Customs supervision
at the expense of the parties concerned.
(c) The instruments of international traffic designated in paragraph
(a) of this section may be released in accordance with the provisions of
that paragraph only after the applicant for such release has filed a
bond on Customs Form 301, containing the bond conditions set forth in
Sec. 113.66 of this chapter. The required application may be filed at
the port of arrival or at a subsequent port to which an instrument shall
have been transported in bond or to which a container shall have been
moved under cover of a TIR carnet (see part 114 of this chapter) showing
the
[[Page 104]]
characteristics and value of the container on the Goods Manifest of the
carnet. If the container is listed on the Goods Manifest of the carnet,
the application may be filed at the port of arrival or at the subsequent
port. If the container is not listed on the Goods Manifest, the
application shall be filed at the port of arrival. When the application
is filed at a port other than the port at which the bond is on file, the
following procedure applies:
(1) When the application is filed before the fact of approval of the
applicant's bond has been established, the applicant must submit with
the application, or the Customs officer to whom the application is made
must obtain, evidence that a current bond is on file at another port.
That evidence may consist of a certified copy of the bond, or any other
evidence which will satisfy the Customs officer to whom the application
is made that a current bond is on file at another port.
(2) If the application is filed after the fact of approval of the
applicant's bond has been established, a certified copy of that bond
need not be filed at the port of release. Upon determination by the
appropriate Customs officer that the fact of approval of the applicant's
bond has been established, and the bond has not been subsequently
discontinued, the instruments of international traffic will be released
as provided for in paragraph (a) of this section.
(3) Upon the request of the applicant, the appropriate Customs
officer at the port at which the instruments of international traffic
are to be released will determine whether or not the fact of approval of
the applicant's bond has been established. If the approval has not been
established, the Customs officer with whom the application has been
filed will advise the applicant of the nature of the evidence required
to establish the fact that a current bond is on file at another port.
(d) If an instrument of foreign origin, or of United States origin
which has been increased in value or improved in condition by a process
of manufacture or other means while abroad, is released under this
section and is subsequently diverted to point-to-point local traffic
within the United States, or is otherwise withdrawn in the United States
from its use as an instrument of international traffic, it becomes
subject to entry and the payment of any applicable duties. An instrument
of United States origin which has not been increased in value or
improved in condition by a process of manufacture or other means while
abroad and which is released under this section shall not be subject to
entry or the payment of duty if it is so diverted or otherwise
withdrawn.
(e) The person who filed the application for release under paragraph
(a)(1) of this section shall promptly notify a director of a port of
entry in the United States as defined in Section 401(k), Tariff Act of
1930, as amended, (1) that the container is to be abandoned or
destroyed, as described in paragraph (b) of this section, or (2) that
the instrument is the subject of a diversion or withdrawal as described
in paragraph (d) of this section, in which event he shall file with the
port director a consumption entry for the instrument and pay all import
duties and import taxes due on the container or instrument at the rate
or rates in effect and in its condition on the date of such diversion or
withdrawal.
(f)(1) Except as provided in paragraph (j) of this section, an
instrument of international traffic (other than a container as defined
in Article 1 of the Customs Convention on Containers that is governed by
paragraphs (g) (1)-(3) of this section) may be used as follows in point-
to-point traffic, provided such traffic is incidental to the efficient
and economical utilization of the instrument in the course of its use in
international traffic:
(i) Picking up and delivering loads at intervening points in the
United States while en route between the port of arrival and the point
of destination of its imported cargo; or
(ii) Picking up and delivering loads at intervening points in the
United States while en route from the point of destination of imported
cargo to a point where export cargo is to be loaded or to an exterior
port of departure by a reasonably direct route to, or nearer to, the
place of such loading or departure.
[[Page 105]]
(2) Neither use as enumerated in paragraph (f)(1)(i) or (ii) of this
section constitutes a diversion to unpermitted point-to-point local
traffic within the United States or a withdrawal of an instrument in the
United States from its use as an instrument of international traffic
under this section.
(g)(1) Except as provided in paragraph (j) of this section, a
container (as defined in Article 1 of the Customs Convention on
Containers) that is designated as an instrument of international traffic
is deemed to remain in international traffic provided that the container
exits the U.S. within 365 days of the date on that it was admitted under
this section. An exit from the U.S. in this context means a movement
across the border of the United States into a foreign country where
either:
(i) All merchandise is unladen from the container; or
(ii) Merchandise is laden aboard the container (if the container is
empty).
(2) The person who filed the application for release under paragraph
(a)(1) of this section is responsible for keeping and maintaining such
records, otherwise generated and retained in the ordinary course of
business, as may be necessary to establish the international movements
of the containers. Such records shall be made available for inspection
by Customs officials upon reasonable notice.
(3) If the container does not exit the U.S. within 365 days of the
date on which it is admitted under this section, such container shall be
considered to have been removed from international traffic, and entry
for consumption must be made within 10 business days after the end of
the month in which the container is deemed removed from international
traffic. When entry is required under this section, any containers
considered removed from international traffic in the same month may be
listed on one entry. Such entry may be made at any port of entry. Under
19 U.S.C. 1484(a)(1)(B), the importer of record is required, using
reasonable care, to complete the entry by filing with Customs the
declared value, classification and rate of duty applicable to the
merchandise. The importer of record must use the value of the container
as determined in accordance with section 402, Tariff Act of 1930 (19
U.S.C. 1401a), as amended by the Trade Agreements Act of 1979 (TAA).
(h) For failure promptly to report the diversion or withdrawal or
promptly to make the required entry and pay the duties due, the
applicant shall be liable for the payment of liquidated damages equal to
the domestic value of the instrument established in accordance with
Section 606, Tariff Act of 1930.
(i) When an instrument of international traffic, as provided in
paragraph (a) of this section, is returned to the United States and
released in accordance with the provisions of that paragraph, any
repairs which may have been made to the instrument while it was abroad
are not subject to entry or the payment of duty whether the instrument
is of foreign or domestic manufacture, whether it left the United States
empty or loaded, and whether or not the repairs made abroad were in
contemplation when the instrument left the United States.
(j) Containers and other articles designated as instruments of
international traffic in accordance with this section are nevertheless
subject to the application of the coastwise laws of the United States,
with particular reference to Section 883, Title 46, United States Code
(see Sec. 4.93 of this chapter).
[28 FR 14663, Dec. 31, 1963]
Editorial Note: For Federal Register citations affecting
Sec. 10.41a, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 10.41b Clearance of serially numbered substantial holders or outer containers.
(a) The holders and containers described in this section may be
released without entry or the payment of duty, subject to the provisions
of this section.
(b) Subject to the approval of a port director pursuant to the
procedures described in this paragraph, certain foreign- or U.S.-made
shipping devices arriving from Canada or Mexico, including racks,
holders, pallets, totes, boxes and cans, need not be serially numbered
or marked if they are always transported on or within either intermodal
and similar containers or containers which are themselves vehicles
[[Page 106]]
or vehicle appurtenances and accessories such as twenty and forty foot
containers of general use and ``igloo'' air freight containers. The
following or similar notation shall appear on the vehicle or vessel
manifest in relation to such shipping devices which are exempt from
serial numbering or marking requirements pursuant to this paragraph:
``The shipping devices transported herein, which are not serially
numbered or marked, have been exempted from such requirement pursuant to
an application approved under 19 CFR 10.41b(b).'' Also, pallets and
other solid wood shipping devices must be accompanied by an importer
document, to the extent that this is required by the U.S. Department of
Agriculture, Animal and Plant Health Inspection Service, attesting to
the admissibility of such devices as regards plant pest risk, as
provided for in 7 CFR 319.40-3.
(1) An importer or his agent, regardless of whether the importer is
the owner of the foreign- or U.S.-manufactured shipping devices, may
apply to a port director of Customs at one of the importer's chiefly
utilized Customs ports or the port within which the importer's or
agent's recordkeeping center is located for permission to have such
shipping devices arriving from Canada or Mexico released without entry
and payment of duty at the time of arrival and without the devices being
serially numbered or marked. Application may be filed in only one port.
Although no particular format is specified for the application, it must
contain the information enumerated in paragraph (b)(2) of this section.
Any duty which may be due on these shipping devices shall be tendered
and paid cumulatively at the time specified in an approved application,
which may be either before or after the arrival of the shipping devices
in the U.S. (such as, at the time a contract, purchase order or lease
agreement is issued).
(2) The application shall:
(i) Describe the types of shipping devices covered, their
classification under the Harmonized Tariff Schedule of the U.S. (HTSUS),
their countries of origin, and whether and to whom required duty was
paid for them or when it will be paid for them, including duties for
repair and modifications to such shipping devices while outside the
U.S.;
(ii) Identify the intended ports where it is anticipated the
shipping devices will be arriving and departing the U.S., as well as the
particular movements and conveyances in which they are intended to be
utilized;
(iii) Describe the applicant's proposed program for accounting for
and reporting these shipping devices;
(iv) Identify the reporting period (which shall in no event be less
frequent than annual), as well as the payment period within which
applicable duty and fees must be tendered (which shall in no event
exceed 90 days following the close of the related reporting period);
(v) Describe the type of inventory control and recordkeeping,
including the specific records, to be maintained to support the reports
of the shipping devices; and
(vi) Provide the location in the United States, including the name
and address, where the records supporting the reports will be retained
by law and will be made available for inspection and audit upon
reasonable notice. (The records supporting the reports of the shipping
devices must be kept for a period of at least 3 years from the date such
reports are filed with the port director.)
(3) The application shall be filed along with a continuous bond
containing the conditions set forth in Sec. 113.66(c) of this chapter.
If the application is approved by the port director and the conditions
set forth in the application or of the bond are violated, the port
director may issue a claim for liquidated damages equal to the domestic
value of the container. If the domestic value exceeds the amount of the
bond, the claim for liquidated damages will be equal to the amount of
the bond.
(4) The port director receiving the application shall evaluate the
program proposed to account for, report and maintain records of the
shipping devices. The port director may suggest amendments to the
applicant's proposal. The port director shall notify the applicant in
writing of his decision on the application within 90 days of its
[[Page 107]]
receipt, unless this period is extended for good cause and the applicant
is so informed in writing. Approval of the application by the port
director with whom it is filed shall be binding on all Customs ports
nationwide.
(5) If the decision is to deny the application, in whole or in part,
the port director shall specify the reason for the denial in a written
reply, and inform the applicant that such denial may be appealed to the
Assistant Commissioner, Office of Field Operations, Customs
Headquarters, within 21 days of its date. The Assistant Commissioner's
decision shall be issued, in writing, within 30 days of the receipt of
the appeal, and shall constitute the final Customs determination
concerning the application.
(6) If the application is approved, an importer may later apply to
amend his application to add or delete particular types of shipping
devices listed in the application in which the procedures set forth in
the application may be utilized. If a requested amendment to an approved
application should be denied, or if an approved application should be
revoked, in whole or in part, by the port director, the procedures
described in paragraph (b)(5) of this section shall apply.
(7) Application for and approval of a reporting program shall not
limit or restrict the use of other alternative means for obtaining the
release of holders, containers and shipping devices.
(c) In the case of serially numbered holders or containers of United
States manufacture for which free clearance under subheading 9801.00.10,
Harmonized Tariff Schedule of the United States, is claimed, the owner
shall place thereon the following markings:
(1) 9801.00.10, unless the holder or container has permanently
attached thereto the manufacturer's metal tag or plate showing, among
other things, the name and address of the manufacturer who is located in
the United States.
(2) The name of the owner, either positioned as indicated in the
example below, or elsewhere conspicuously shown on the holder or
container.
(3) The serial number assigned by the owner, which shall be one of
consecutive numbers and not to be duplicated. For example: 9801.00.10 *
* * Zenda * * * 2468.
(d)(1) In the case of serially numbered holders or containers of
foreign manufacture, other than those provided for in paragraph (d)(2)
of this section, for which free clearance under the second provision in
subheading 9803.00.50, HTSUS (19 U.S.C. 1202), is claimed, the owner
shall place thereon the following markings:
(i) 9803.00.50.
(ii) The district and port code numbers of the port of entry, the
entry number, and the last two digits of the fiscal year of entry
covering the importation of the holders and containers on which duty was
paid.
(iii) The name of the owner, either positioned as indicated in the
example below, or elsewhere conspicuously shown on the holder or
container.
(iv) The serial number assigned by the owner, which shall be one of
consecutive numbers and not to be duplicated. For example: 9803.00.50 *
* * 10-1-366-63 * * * Zenda * * * 2468.
(2) In the case of substantial holders or containers of either U.S.
or foreign manufacture, specially designed and equipped to facilitate
the carriage of goods by one or more modes of transport without
intermediate reloading, each having a gross mass rating of at least
18,120 kilograms, for which duty-free entry is requested under either
the first or the second proviso in subheading 9803.00.50, HTSUS (19
U.S.C. 1202), is claimed, only the following clear, conspicuous and
durable markings are required to be on the container:
(i) The identity of the owner or operator of the container.
(ii) The serial number assigned by the owner or operator of the
container, which shall be one of consecutive numbers and shall not be
duplicated.
(e) The prescribed markings shall be clear and conspicuous, that is,
they shall appear on an exposed side of the holder or container in
letters and figures of such size as to be readily discernible. The
markings will be stricken out or removed when the holders or containers
are taken out of service or when ownership is transferred, except that
appropriate changes may be made
[[Page 108]]
if a new owner wishes to use the holders and containers under this
procedure.
(f) The owner shall keep adequate records open to inspection by
Customs officers, which shall show the current status of the serially
numbered holders and containers in service and the disposition made of
such holders and containers taken out of service.
(g) Nothing in this procedure shall be deemed to affect:
(1) The requirements for outward or inward manifesting of such
holders or containers. The manifests will show for each holder or
container its markings as provided for herein.
(2) The requirements of the Department of Commerce on exportation
with respect to the filing of ``Shipper's Export Declaration,'' Form
7525-V.
(3) The treatment of articles covered herein under the coastwise
laws of the United States, with particular reference to section 883,
Title 46, United States Code.
(h) If the holder or container and its contents are to move in bond
or under cover of a TIR carnet (see part 114 of this chapter) from the
port of arrival intact, the holder or container shall appear on the
inward foreign manifest so as to be related to the cargo contained
therein and will be released under this procedure at a subsequent port.
If the holder or container is to move in bond or under cover of a TIR
carnet from the port of arrival not intact with its contents, the holder
or container may appear on the inward foreign manifest separate from and
not related to the cargo contained therein and will be released under
this procedure at the port of arrival before it moves forward and will
not appear on the in-bond document.
(i) A continuous bond containing the conditions set forth in
Sec. 113.66 of this chapter shall be filed with the port director. If
the conditions are violated the port director shall issue a claim for
liquidated damages equal to the domestic value of the holder or
container established in accordance with section 606, Tariff Act of
1930, as amended (19 U.S.C. 1606). If the domestic value exceeds the
amount of the bond the claim for liquidated damages will be equal to the
amount of the bond.
[T.D. 56542, 30 FR 15143, Dec. 8, 1965, as amended by T.D. 71-70, 36 FR
4485, Mar. 6, 1971; T.D. 84-213, 49 FR 41165, Oct. 19, 1984; T.D. 86-13,
51 FR 4164, Feb. 3, 1986; T.D. 89-1, 53 FR 51249, Dec. 21, 1988; T.D.
96-20, 61 FR 7989, Mar. 1, 1996; T.D. 97-82, 62 FR 51769, Oct. 3, 1997;
T.D. 99-64, 64 FR 43265, Aug. 10, 1999]
Articles for Institutions
Sec. 10.43 Duty-free status.
(a) The port director may, at his discretion, require appropriate
proof of duty-free status for articles for institutions claimed to be
exempt from duty under subheadings 9810.00.05, 9810.00.15, 9810.00.25,
9810.00.30, 9810.00.40, 9810.00.45, 9810.00.50, 9810.00.55, Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202).
(b) Appropriate proof may be a copy of the charter or other evidence
of the character of the institution for the use of which the articles
are imported.
[T.D. 85-123, 50 FR 29953, July 23, 1985, as amended by T.D. 89-1, 53 FR
51249, Dec. 21, 1988]
Sec. 10.46 Articles for the United States.
Pursuant to subheadings 9808.00.10 and 9808.00.20, books,
engravings, and other articles therein enumerated, which are imported by
authority or for the use of the United States or for the use of the
Library of Congress, shall be admitted free of duty upon the written
request of the head of the bureau or executive department concerned.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 67-108, 32 FR 6392, Apr.
25, 1967; T.D. 89-1, 53 FR 51249, Dec. 21, 1988; T.D. 97-82, 62 FR
51769, Oct. 3, 1997]
Sec. 10.47 [Reserved]
Works of Art
Sec. 10.48 Engravings, sculptures, etc.
(a) Invoices covering works of art claimed to be free of duty under
subheadings 9702.00.00 and 9703.00.00, HTSUS, shall show whether they
are originals, replicas, reproductions, or copies, and also the name of
the artist who produced them, unless upon examination the Customs
officer is satisfied
[[Page 109]]
that such statement is not necessary to a proper determination of the
facts.
(b) The following evidence shall be filed in connection with the
entry: A declaration in the following form by the artist who produced
the article, or by the seller, shipper or importer, showing whether it
is original, or in the case of sculpture, the original work or model, or
one of the first twelve castings, replicas, or reproductions made from
the original work or model; and in the case of etchings, engravings,
woodcuts, lithographs, or prints made by other hand-transfer processes,
that they were printed by hand from hand-etched, hand-drawn, or hand-
engraved plates, stones, or blocks:
I, ________, do hereby declare that I am the producer, seller,
shipper or importer of certain works of art, namely ________ covered by
the annexed invoice dated ________; that any sculptures or statuary
included in that invoice are the original works or models or one of the
first twelve castings, replicas, or reproductions made from the
sculptor's original work or model; and that any etchings, engravings,
woodcuts, lithographs, or prints made by other hand-transfer processes
included in that invoice were printed by hand from hand-etched, hand-
drawn, or hand-engraved plates, stones, or blocks.
(c) The port director may waive the declaration requirement set
forth in paragraph (b) of this section.
(d) Artists' proof etchings, engravings, woodcuts, lithographs, or
prints made by other hand-transfer processes should bear the genuine
signature or mark of the artist as evidence of their authenticity. In
the absence of such a signature or mark, other evidence shall be
required which will establish the authenticity of the work to the
satisfaction of the port director.
[T.D. 94-3, 58 FR 68742, Dec. 29, 1993]
Sec. 10.49 Articles for exhibition; requirements on entry.
(a) There shall be filed in connection with the entry of works of
art and other articles claimed to be free of duty under Chapter 98,
Subchapter XII, Harmonized Tariff Schedule of the United States (HTSUS),
a declaration by a qualified officer of the institution in sufficient
detail to demonstrate entitlement to entry as claimed, and a bond on
Customs Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter. Claim for free entry under Chapter 98,
Subchapter XII may be made for articles of the character described
therein which have been previously entered under any other provision of
law and the entry amended accordingly upon compliance with the
requirements of this section, provided the articles have not been
released from Customs custody.
(b) The port director may require a copy of the charter or other
evidence of the character of the institution for which the articles are
imported, and may also require the production of the original of any
order given by such society or institution to any importing agent or
dealer for such articles. The society or institution shall file, within
6 months after the date of filing the entry, any document or proof
demanded by the port director in connection with the entry.
(c) Articles entered under subheading 9812.00.20, HTSUS, may be
transferred from one institution to another upon an application in
writing in the case of each transfer describing the articles and stating
the name of the institution to which transfer is to be made, provided
the sureties to the bond assent in writing under seal or a new bond is
filed. No entry or withdrawal shall be required for such a transfer.
(d) If any of the articles accorded free entry under Chapter 98,
Subchapter XII shall be sold, offered or exposed for sale, transferred,
or used in any manner contrary to the provisions of the regulations in
this part, within 5 years after the date of entry under such part, the
amount of the duties shall be collected immediately by the director of
the port of entry and deposited as duties. If the articles are exported
or destroyed under Customs supervision within such 5-year period, the
liability under the bond shall be treated as terminated.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 84-213, 49 FR 41166,
Oct. 19, 1984; T.D. 89-1, 53 FR 51249, Dec. 21, 1988; T.D. 92-85, 57 FR
40605, Sept. 4, 1992]
[[Page 110]]
Sec. 10.50 [Reserved]
Sec. 10.52 Painted, colored or stained glass windows for religious institutions.
When painted, colored, or stained glass windows or parts thereof,
are claimed free of duty under subheading 9810.00.10, Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202), the port director may,
at his discretion, require appropriate proof that the importation was
designed by, and produced by or under the direction of, a professional
artist, and that it is for the use of an institution established solely
for religious purposes.
[T.D. 85-123, 50 FR 29953, July 23, 1985, as amended by T.D. 89-1, 53 FR
51250, Dec. 21, 1988]
Sec. 10.53 Antiques.
(a) Articles accompanying a passenger and entitled to entry under
the passenger's declaration and entry, or articles entered under an
informal entry which are claimed to be free of duty under subheading
9706.00.00, Harmonized Tariff Schedule of the United States (HTSUS), may
be admitted free of duty upon the execution of a declaration on the face
of the entry provided that the passenger or person filing the informal
entry is the owner of the articles and that they are for his personal
use and not for sale or other commercial use and provided the Customs
officer concerned is satisfied that the articles are of the requisite
age.
(b) Antiques of the age prescribed by subheading 9706.00.00, HTSUS,
or admitted under the provisions of paragraph (e) of this section, shall
be admitted free of duty though repaired or renovated. If, however, an
antique has been repaired with a substantial amount of additional
material, without changing the original form or shape, the original and
added portions shall be appraised and reported as separate entities and
the basis for such report shall be plainly indicated on the invoice by
the appraiser. In such cases duty shall be assessed on the portion
added. If the repairs consist of an addition to an article of a feature
which changes it substantially from the article originally produced, or
if the antique portion has otherwise been so changed as to lose its
identity as the article which was in existence prior to the time
prescribed in subheading 9706.00.00, HTSUS, the entire article shall be
excluded from free entry under subheading 9706.00.00, HTSUS.
(c) Except for furniture admitted under the provisions of paragraph
(e) of this section, furniture claimed to be free of duty under
subheading 9706.00.00, Harmonized Tariff Schedule of the United States
(HTSUS) may be entered for consumption at any port of entry within the
customs territory of the United States. Furniture as used in this
section of the regulations is defined as `movable articles of
convenience or decoration for use in furnishing a house, apartment,
place of business or accommodation'. This definition embraces most
articles claimed to be free of duty as antiques.
(d) A claim for the free entry of an article under subheading
9706.00.00, HTSUS on the basis of antiquity may be made on the entry, or
filed after entry at any time prior to liquidation of the entry,
provided the article has not been released from Customs custody or it
has been found upon examination before such release to be described in
subheading 9706.00.00, HTSUS.
(e) Antique articles otherwise prohibited entry by the Endangered
Species Act of 1973 (16 U.S.C. 1521, et seq.) may be entered if:
(1) The article is composed in whole or in part of any endangered or
threatened species listed in 50 CFR 17.11 or 17.12,
(2) The article is not less than 100 years of age,
(3) The article has not been repaired or modified with any part of
any such endangered or threatened species, on or after December 28,
1973,
(4) The article is entered at a port designated in Sec. 12.26 of
this chapter,
(5) A Declaration for Importation or Exportation of Fish or Wildlife
(USFWS Form 3-177) is filed at the time of entry with the port director
who will forward the form to the U.S. Fish and Wildlife Service, and
(6) The importer meets the requirements of paragraph (a) of this
section.
(f) The additional duty imposed by additional U.S. Note 2, Chapter
97,
[[Page 111]]
HTSUS, shall apply to any article which is imported for sale and
claimed, either at the time of entry or at a later date, to be free of
duty under subheading 9706.00.00, HTSUS, if such article is later found
to be unauthentic in respect of the antiquity claimed as a basis for
such free entry, unless the claim under subheading 9706.00.00, HTSUS, is
withdrawn in writing before the examination of the article for the
purpose of appraisement or classification has begun.
(g) The additional duty provided for in additional U.S. Note 2,
Chapter 97, HTSUS shall not be assessed if the importer established by
evidence satisfactory to the port director that the article was not
imported for sale. In the case of any article imported in a passenger's
baggage or entered under an informal entry, the Customs officer
concerned may accept the statement of the owner that the article was not
imported for sale if he is satisfied of the truth of such statement.
[28 FR 14663, Dec. 31, 1963]
Editorial Note: For Federal Register citations affecting Sec. 10.53,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Sec. 10.54 Gobelin and other hand-woven tapestries.
Pursuant to subheading 5805.00.10, Harmonized Tariff Schedule of the
United States, Gobelin tapestries produced in the Manufacture Nationale
des Gobelins factories at Paris and Beauvais under the direction and
control of the French Government, and other hand-woven tapestries, shall
be accorded free entry if of a kind fit only for use as wall hangings,
and valued over $215 per square meter.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 87-75, 52 FR 20066, May
29, 1987; T.D. 89-1, 53 FR 51250, Dec. 21, 1988]
Vegetable Oils
Sec. 10.56 Vegetable oils, denaturing; release.
(a) Olive, palm-kernel, rapeseed, sunflower, and sesame oil shall be
classifiable under subheadings 1509.10.20, 1509.10.40, 1509.90.20,
1509.90.40, 1510.00.20, 1512.19.20, 1513.29.00, 1514.90.10, 1514.90.50,
1515.50.00, Harmonized Tariff Schedule of the United States, if
denatured abroad or under Customs supervision after importation but
before release from Customs custody, at the request and expense of the
importer, by a formula prescribed by Headquarters, U.S. Customs Service,
or if by their method of production abroad they are rendered unfit for
use as food or for any but mechanical or manufacturing purposes.
(b) Each cask or package of oil claimed to have been before
importation denatured or otherwise rendered unfit for use as food or for
any but mechanical or manufacturing purposes shall be sampled and tested
by an appraising officer.
(c) Formulas prescribed by Headquarters, U.S. Customs Service,
except proprietary mixtures, will be circulated to all Customs officers
and will appear as abstracts of United States Customs Service decisions
published in the weekly Customs Bulletins. Proprietary mixtures approved
by the Commissioner of Customs will not be published but appropriate
notice of their approval will be given to all Customs officers.
(d) The Headquarters, U.S. Customs Service, will from time to time
prescribe additional formulas, and will consider any formula for special
denaturing that may be submitted.
(e) The port director may, if he deems it advisable, require an
importer requesting permission to use any authorized denaturant to
submit to the appraiser an adequate sample of such denaturant, in order
that the appraiser may report to the port director whether or not such
denaturant is suitable for rendering the oil unfit for use as food or
for any but mechanical or manufacturing purposes.
(f) No such oil shall be released free of duty until the appraiser
shall have made a special report that it has been properly denatured.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 66-182, 31 FR 11416,
Aug. 30, 1966; T.D. 87-75, 52 FR 20066, May 29, 1987; T.D. 89-1, 53 FR
51250, Dec. 21, 1988]
[[Page 112]]
Potatoes, Corn, or Maize
Sec. 10.57 Certified seed potatoes, and seed corn or maize.
Claim for classification as seed potatoes under subheading
0701.10.00, as seed corn (maize) under subheading 1005.10., HTSUS, shall
be made at the time of entry. Such classification shall be allowed only
if the articles are white or Irish potatoes, or maize or corn, imported
in containers and if, at the time of importation, there is firmly
affixed to each container an official tag supplied by the government of
the country in which the contents were grown, or an agency of such
government. The tag shall bear a certificate to the effect that the
specified contents of the container were grown, and have been approved,
especially for use as seed. The tag shall also bear a number or other
symbol identifying the potatoes or corn in the container with an
inspection record of the foreign government or its agency on the basis
of which the certificate was issued.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 89-1, 53 FR 51250, Dec.
21, 1988]
Bolting Cloths
Sec. 10.58 Bolting cloths; marking.
(a) As a prerequisite to the free entry of bolting cloth for milling
purposes under subheading 5911.20.20, Harmonized Tariff Schedule of the
United States, the cloth shall be indelibly marked from selvage to
selvage at intervals of not more then 10.16 centimeters with ``bolting
cloth expressly for milling purposes'' in block letters 7.62 centimeters
in height. Bolting cloths composed of silk imported expressly for
milling purposes shall be considered only such cloths as are suitable
for and are used in the act or process of grading, screening, bolting,
separating, classifying, or sifting dry materials, or dry materials
mixed with water, if the water is merely a carrying medium.
(b) Bolting cloths not marked in the manner above indicated at the
time of importation may be so marked by the importers in public stores
under the supervision of customs officers.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 87-75, 52 FR 20066, May
29, 1987; T.D. 89-1, 53 FR 51250, Dec. 21, 1988]
Withdrawal of Supplies and Equipment for Vessels
Sec. 10.59 Exemption from customs duties and internal-revenue tax.
(a) A vessel shall not be considered to be actually engaged in the
foreign trade, or in trade between the Atlantic and Pacific ports of the
United States, or between the United States and its possessions, or
between Hawaii and any other part of the United States or between Alaska
and any other part of the United States, as the case may be, for the
purpose of withdrawing supplies free of duty and internal-revenue tax
pursuant to section 309(a), Tariff Act of 1930, as amended, unless it
is--
(1) Operating on a regular schedule in a class of trade which
entitles it to the privilege;
(2) Actually transporting passengers or merchandise to or from a
foreign port, a port on the opposite coast of the United States, or
between a port in a possession of the United States and a port in the
United States or in another of its possessions, or between Hawaii and
any other part of the United States or between Alaska and any other part
of the United States;
(3) Departing in ballast (without cargo or passengers) from one port
for another, domestic or foreign, for the purpose of lading passengers
or cargo at the port of destination for carriage in a class of trade
specified in section 309(a), Tariff Act of 1930, as amended, for which
class of trade the vessel is suitable and substantially ready for
service with necessary fittings, outfit, and equipment already installed
on its departure in ballast, and from which it is not diverted prior to
carriage of passengers or cargo in such trade. A written declaration of
the owner or agent of the vessel may be required in connection with the
withdrawal, certifying to the vessel's suitableness and substantial
readiness with necessary fittings, outfit, and equipment already
installed on its departure in ballast for
[[Page 113]]
service in a class of trade specified in section 309 and agreeing to
notify the port director if it is laid up or diverted from such class of
trade prior to the carriage of cargo or passengers in such trade.
(b) A withdrawal of articles may not be made under section 309,
Tariff Act of 1930, as amended, for use on a trial or test trip of a
vessel preparatory to its actually engaging in trades.
(c) The classes of articles which may be withdrawn as provided for
by section 309, Tariff Act of 1930, as amended, include the containers
in which the articles are withdrawn and laden even though for tariff
purposes the containers are classifiable separately from their contents,
except unusual containers within the purview of General Rule of
Interpretation 5, Harmonized Tariff Schedule of the United States
(HTSUS).
(d) For the purpose of allowing the privileges of section 309,
Tariff Act of 1930, as amended, to aircraft as provided for therein, an
aircraft shall be deemed to be a vessel within the meaning of each
provision of this section and of Secs. 10.60 through 10.64 which may be
applied to aircraft.
(e) A documented vessel with a fisheries license endorsement and
foreign fishing vessels of 5 net tons or over may be allowed to withdraw
distilled spirits (including alcohol), wines, and beer conditionally
free under section 309, Tariff Act of 1930, as amended (19 U.S.C. 1309),
if the port director is satisfied from the quantity requested, in the
light of (1) whether the vessel is employed in substantially continuous
fishing activities, and (2) the vessel's complement, that none of the
withdrawn articles is intended to be removed from the vessel in, or
otherwise returned to, the United States without the payment of duty or
tax. Such withdrawal shall be permitted only after the approval by the
port director of a special written application, in triplicate, on
Customs Form 5125, of the withdrawer, supported by a bond on Customs
Form 301, containing the bond conditions set forth in Sec. 113.62 of
this chapter executed by the withdrawer. Such application shall be filed
with Customs Form 7501 or 7512, as the case may be. The original and the
triplicate copy of the application, after approval, shall be stamped
with the withdrawal number and date thereof and shall be returned to the
withdrawer for use as prescribed below. Approval of each such
application shall be subject to the condition that the original and the
triplicate copy shall be presented thereafter by the withdrawer or the
vessel's master to the port director within 24 hours (excluding
Saturday, Sunday, and holidays) after each subsequent arrival of the
vessel at a Customs port or station and that an accounting shall be made
at the time of such presentation of the disposition of the articles
until the port director is satisfied that all of them have been consumed
on board, or landed under Custom's supervision, and takes up the
original application. (The withdrawer shall retain the triplicate copy
as evidence of consumption on board or landing under Customs
supervision.) The approval shall be subject to the further conditions
that any such withdrawn article remaining on board while the vessel is
in port shall be safeguarded in the manner and to such extent as the
district director for the port or place of arrival shall deem necessary
and that failure to comply with the conditions upon which a
conditionally free withdrawal is approved shall subject the total
quantity of withdrawn articles to the assessment and collection of an
amount equal to the duties and taxes that would have been assessed on
the entire quantity of supplies withdrawn had such supplies been
regularly entered, or withdrawn, for consumption.
Exemption from internal-revenue tax on distilled spirits, alcohol,
wines, and beer removed from any internal-revenue bonded warehouse,
industrial alcohol premises, bonded wine cellar, or brewery; and
drawback on taxpaid distilled spirits or wines removed from an export
storage room, or on taxpaid beer removed from a brewery (or place of
storage elsewhere), for use as supplies on vessels under section 309,
Tariff Act of 1930, as amended, are governed by regulations of the
Internal Revenue Service.
(f) Pursuant to section 309(d) of the Tariff Act of 1930, as
amended, the Department of Commerce has found and advised the Secretary
of the Treasury
[[Page 114]]
of the foreign countries which allow privileges to aircraft registered
in the United States substantially reciprocal to those described in
sections 309 and 317 of the Tariff Act of 1930, as amended. Advices also
have been received of changes and limitations of privileges allowed. In
accordance with these advices, Treasury decisions are issued extending
to the aircraft of foreign countries free withdrawal privileges
reciprocal to those found by the Secretary of Commerce to be extended by
those countries to aircraft registered in the United States or making
changes in such privileges on the basis of new findings. Listed below by
countries are the Treasury decisions issued pursuant to such findings
which are currently in effect:
------------------------------------------------------------------------
Treasury Exceptions if any, as
Country Decision(s) noted--
------------------------------------------------------------------------
Abu Dhabi.......................... 95-45
Argentina.......................... 54925 (1) Applicable only as to
92-20 aircraft equipment,
spare parts, and
supplies.
Australia.......................... 54747 (1) Not applicable to
ground equipment.
Austria............................ 80-68
Bahamas............................ 52798 (3)
Bahrain............................ 95-45
Belgium............................ 52846 (2)
Benin.............................. 71-215,93-
Bermuda............................ 49944 (4)
Brazil............................. 53281 (2)
Canada............................. 69-149 Not applicable to
69-245 ground equipment
during period May 1
to September 16,
1969, inclusive.
Chile.............................. 66-128 (2)
China*............................. 82-91
Colombia........................... 70-107 (1)
Costa Rica......................... 53658 (1)
Cuba............................... 81-198 Applicable only as to
aircraft supplies.
Czechoslovakia..................... 70-107 (1)
Denmark............................ 51966 (3)
Dominican Republic................. 54522 (1)
Ecuador............................ 52510 (4)
Egypt.............................. 74-3
85-141
El Salvador........................ 54675 (1)
Finland............................ 69-120 (2)
France............................. 67-96 (1) Not applicable to
tobacco products
under section 317 of
the tariff act. Not
applicable to ground
equipment.
Federal Republic of Germany........ 69-150 Not applicable to
ground equipment.
Greece............................. 54847 (1)
Guyana............................. 78-28
Honduras........................... 71-154
Iceland............................ 67-265 (1)
India.............................. 55155 (1)
Indonesia.......................... 90-61 Applicable only as to
aviation fuels and
lubricants.
Iran............................... 75-254
Ireland............................ 55291 (1)
Israel............................. 52831 (3)
Italy.............................. 69-223 Not applicable to
ground equipment.
Ivory Coast........................ 71-215
Jamaica............................ 70-250
Japan.............................. 53550 (1), Not applicable to
88-45 ground support
equipment as of
August 1, 1986
Jordan............................. 74-102
Kenya.............................. 71-102 Applicable only as to
aircraft fuels and
lubricants.
Lebanon............................ 53902 (1)
Luxembourg......................... 89-77 Applicable only as to
aviation fuels.
Mexico............................. 54506 (5)
Morocco............................ 75-254
Netherlands........................ 52494 (2)
Netherlands Antilles............... 71-211
New Zealand........................ 73-52 Not applicable to
ground equipment.
Nicaragua.......................... 54640 (1)
Norway............................. 51966 (3)
Oman............................... 95-45
Pakistan........................... 55416 (1)
Panama............................. 55453 (1)
Peru............................... 52911 (2)
Poland............................. 72-153
Portugal........................... 68-107 (1) Not applicable to
ground equipment.
Qatar.............................. 95-45
Republic of Korea.................. 71-140
Republic of the Philippines........ 71-197
Romania............................ 75-35
Saudi Arabia....................... 73-307, 92-
68
Senegal............................ 71-215
Singapore.......................... 93-25
South Africa....................... 69-162 Not applicable to
ground equipment.
Spain.............................. 54522 (2)
Sweden............................. 51966 (3)
Switzerland........................ 56047
Taiwan............................. 70-107 (1), Not applicable to
82-91 ground equipment.
Tanzania........................... 71-102 Applicable only as to
aircraft fuels and
lubricants.
Thailand........................... 71-138, 89-
6
Trinidad and Tobago................ 56441 (1)
Turkey............................. 89-7
Uganda............................. 71-102 Applicable only as to
aircraft fuels and
lubricants.
Union of Soviet Socialist Republics 67-123 (1)
United Kingdom..................... 69-176 Not applicable to
ground equipment.
Venezuela.......................... 55425 (1)
Yugoslavia......................... 71-138
Zambia............................. 89-5
------------------------------------------------------------------------
*See also Taiwan
[28 FR 14663, Dec. 31, 1963]
Editorial Note: For Federal Register citations affecting Sec. 10.59,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
[[Page 115]]
Sec. 10.60 Forms of withdrawals; bond.
(a) Withdrawals from warehouse shall be made on Customs Form 7501.
Each withdrawal shall contain the statement prescribed for withdrawals
in Sec. 144.32 of this chapter and all of the statistical information as
provided in Sec. 141.61(e) of this chapter. Withdrawals from continuous
Customs custody elsewhere than in a bonded warehouse shall be made on
Customs Form 7512, except as provided for by paragraph (h) of this
section. When a withdrawal of supplies or other articles is made which
may be used on a vessel while it is proceeding in ballast to another
port as provided for by Sec. 10.59(a)(3), a notation of this fact shall
be made on the withdrawal and the name of the other port given if known.
(b) If the withdrawal is made by other than the principal on the
warehouse or rewarehouse entry, as the case may be, the assent of such
principal shall be endorsed on the withdrawal, unless the principal has
otherwise authorized such withdrawal in writing.
(c) A bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.62 of this chapter shall be taken when the withdrawal
from warehouse is made by a person other than the principal on the
warehouse or rewarehouse entry, as provided for in paragraph (b) of this
section.
(d) Except as otherwise provided in Sec. 10.62b, relating to
withdrawals from warehouse of aircraft turbine fuel to be used within 30
days of such withdrawal as supplies on aircraft under Sec. 309, Tariff
Act of 1930, as amended, when the supplies are to be laden at a port
other than the port of withdrawal from warehouse, they shall be
withdrawn for transportation in bond to the port of lading. Three copies
of the manifest on Customs Form 7512, in addition to six copies of the
withdrawal on Customs Form 7501, shall be required. The procedure shall
be the same as that prescribed in Sec. 144.37 of this chapter (the six
copies of Customs Form 7501 taking the place of the entry copies of
Customs Form 7512).
(e) No bond shall be required in the case of war vessels.
(f) Unless transfer is permitted under the provisions of paragraph
(h) of this section, when articles are withdrawn from continuous Customs
custody elsewhere than in a bonded warehouse for lading at the port of
withdrawal, the procedure provided for in Sec. 18.25 of this chapter
shall be followed, except that the bond required shall be on Customs
Form 301, containing the bond conditions set forth in Sec. 113.62 of
this chapter. Unless transfer is permitted under the provisions of
paragraph (h) of this section, when articles are withdrawn from
continuous Customs custody elsewhere than in a bonded warehouse for
lading at another port, the procedure set forth in Sec. 18.26 of this
chapter shall be followed, except that the withdrawal when filed shall
be supported by a bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.62 of this chapter. There shall be such
examination of the articles as may be necessary to satisfy the port
director that they are subject to the privileges of section 309, Tariff
Act of 1930, as amended, and that the value and quantity declared for
them are correct.
(g) A withdrawal under Sec. 10.59(e) shall be supported by a bond on
Customs Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter.
(h) If a request is made for permission to transfer supplies or
stores from one vessel to another which would be entitled to withdraw
them free of duty and tax under section 309 or 317, Tariff Act of 1930,
as amended, the port director in his discretion may permit the articles
to be so transferred under Customs supervision under a permit on Customs
Form 3171 in lieu of a formal withdrawal under the pertinent statute. In
such a case, the pertinent statute shall be indicated by an endorsement
made on the permit by the port director.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 73-175, 38 FR 17445,
July 2, 1973; T.D. 73-312, 38 FR 30882, Nov. 8, 1973; T.D. 84-213, 49 FR
41166, Oct. 19, 1984; T.D. 95-81, 60 FR 52295, Oct. 6, 1995; T.D. 96-18,
61 FR 6777, Feb. 22, 1996]
[[Page 116]]
Sec. 10.61 Withdrawal permit.
Upon the filing of the withdrawal and the execution of the bond,
when required, the port director shall issue a permit on Customs Form
7501 or 7512.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 95-81, 60 FR 52295, Oct.
6, 1995]
Sec. 10.62 Bunker fuel oil.
(a) Withdrawal under section 309, Tariff Act of 1930, as amended (19
U.S.C. 1309). Except as otherwise provided in Sec. 10.62b, relating to
withdrawals from warehouse of aircraft turbine fuel to be used within 30
days of such withdrawal as supplies on aircraft under section 309,
Tariff Act of 1930, as amended (19 U.S.C. 1309), when all the bunker
fuel oil in a Customs bonded tank is intended only for lading duty free
as supplies on vessels under section 309 at the port where the tank is
located, delivery of the oil, by Customs bonded carrier, cartman, or
lighterman (including bonded pipelines), under withdrawals on Customs
Form 7501, either single or blanket, may be made without the presence of
a Customs officer. When a blanket withdrawal is filed and a partial
release takes place, the partial release procedure set forth in
Sec. 19.6(d) of this chapter shall be followed for each partial release.
However, each abstract copy of Customs Form 7501 shall include the
following additional information:
(1) Type of oil withdrawn.
(2) Number or other identification of sales order therefor.
(3) Name of bonded carrier, date it received oil.
(4) Receipt signed by master or other person in charge of delivering
conveyance identified by number, or name, and if Customs bonded
lighterman or cartman, by the carrier's license number.
(5) Name and location of vessel obtaining oil.
(6) Quantity and identification of each type of oil received with
date, and signature and title of receiving officer. If all the oil is
laden on the receiving vessel at the port of withdrawal via pipeline
from the bonded storage tank, paragraphs (a) (3) and (4) of this section
shall be deemed to be inapplicable.
(b) If a blanket free withdrawal of bunker fuel oil is filed, to
comply with Bureau of the Census requirements the withdrawal on Customs
Form 7501 shall be endorsed ``Estimated Withdrawals'' and limited to the
aggregate quantity and value of fuel oil which it is estimated will be
physically removed from Customs bond during the calendar month in which
the withdrawal is filed for lading on vessels entitled to duty-free
vessel supplies under section 309 of the Tariff Act of 1930, as amended.
(c)(1) As an incident of the delivery of fuel oils classifiable at
different rates of duty to a vessel or vessels under section 309 of the
tariff act, the port director may, when necessary to enable a supplier
to meet fuel specifications, permit the blending of the oils in the
delivering conveyance or in other suitable facilities after withdrawal
from the bonded tanks, upon the condition that, to the extent of the
amount of oil withdrawn classifiable at the higher rate, duty at the
higher rate will be paid on any portion of the blended fuel oil not
delivered within a reasonable time to a qualified vessel. The withdrawer
shall be required to file a withdrawal for consumption for the excess
quantity withdrawn. For example, if the quantity withdrawn consists of
1,500 barrels of bunker C fuel oil classifiable at the rate of one-
eighth cent per gallon and 500 barrels of diesel oil classifiable at the
rate of one-fourth cent per gallon but only 1,400 barrels of the blended
oil are actually laden as fuel supplies on qualified vessels,
withdrawals for consumption are required for 500 barrels of diesel oil
at the higher rate and for 100 barrels of bunker C fuel oil at the lower
rate.
(2) Delivering transferer receipt. The receipt of the delivering
carrier on a copy of Customs Form 7501 for fuel oil which has been
blended under paragraph (c)(1) of this section with components
classifiable at different rates of duty shall show, for each warehouse
entry number and withdrawal number involved, the types and quantity of
oil received.
(d) Fuel oil withdrawn as vessel supplies at one port may be laden
at another port on a vessel or vessels entitled to the free withdrawal
privileges of section 309 of the tariff act, under procedures prescribed
in this section,
[[Page 117]]
provided the movement to the receiving vessel or vessels is under the
bond of a qualified carrier as described in Sec. 18.1(a) of this
chapter. In such cases, the provisions of Sec. 10.60(d) of this chapter
shall be deemed inapplicable.
(e) If a vessel not entitled to duty-free withdrawal of supplies
from Customs bonded warehouses under section 309 of the Tariff Act of
1930, as amended, should be supplied with fuel oil from a Customs bonded
tank described in paragraph (a) of this section because of an emergency,
a duty paid withdrawal therefor shall be filed on the first day that the
customhouse is open for the general transaction of business after the
day on which the oil is laden on the using vessel. If there should be
willful or repeated instances of late filing of a duty-paid withdrawal
in such cases, the port director shall require a duty-paid withdrawal to
be filed prior to the removal of fuel oil from the bonded tank.
(f) When the procedures prescribed in this section are followed,
representatives of the port director will from time to time verify
various withdrawals against all pertinent records, including financial
records, of the withdrawers, deliverers, and receivers of the oil. The
withdrawer shall maintain all pertinent records relating to the
withdrawal, delivery, or receipt of the fuel oil for 5 years from the
date of liquidation of the related fuel oil entry.
[T.D. 69-99, 34 FR 6520, Apr. 16, 1969, as amended by T.D. 79-159, 44 FR
31967, June 4, 1979; T.D. 82-204, 47 FR 49367, Nov. 1, 1982; T.D. 95-81,
60 FR 52295, Oct. 6, 1995; T.D. 96-18, 61 FR 6777, Feb. 22, 1996; T.D.
96-51, 61 FR 31395, June 20, 1996; T.D. 99-33, 64 FR 16347, Apr. 5,
1999]
Sec. 10.62a Blanket withdrawals for certain merchandise.
(a) Generally. Under this section, a blanket withdrawal on Customs
Form 7501 may be filed for all or part of any merchandise withdrawn from
warehouse except fuel oil covered under Sec. 10.62, for use on qualified
vessels. Such a withdrawal shall be made only for lading on board
vessels at the port where the warehouse is located. The procedure for
the blanket withdrawal and partial releases after the initial release
are the same as those provided in Sec. 19.6(d) of this chapter, except
as noted in paragraph (b).
(b) Partial release. A partial release on Customs Form 7501, in
duplicate, or in triplicate if an extra copy is required by the port
director, shall be presented to the warehouse proprietor and placed in
the proprietor's permit file folder under the partial release procedure
set forth in Sec. 19.6(d) of this chapter, as merchandise is needed for
delivery to a using vessel. The original of the partial release document
shall accompany the merchandise for delivery to the Customs officer who
will supervise lading, or if a Customs officer does not physically
supervise lading, to the master of the vessel. The original shall be
returned to the proprietor for record purposes after the Customs officer
or master of the vessel, as appropriate, has certified lading of the
goods described in the document.
[T.D. 82-204, 47 FR 49367, Nov. 1, 1982, as amended by T.D. 95-81, 60 FR
52295, Oct. 6, 1995]
Sec. 10.62b Aircraft turbine fuel.
(a) General. Unless otherwise provided, aircraft turbine fuel
withdrawn from a Customs bonded warehouse for use under section 309,
Tariff Act of 1930, as amended (19 U.S.C. 1309), may be commingled with
domestic or other aircraft turbine fuel after such withdrawal only if
such commingling is approved by the appropriate Customs official for the
port where the commingling occurs. The appropriate Customs official may
approve such commingling if the fueling system in which the commingling
will occur contains adequate physical safeguards to prevent the possible
unauthorized entry into the Customs territory of the bonded fuel. Such
commingled fuel must be accounted for in the same 24-hour period in
which it was commingled and must be--
(1) Exported within that 24-hour period;
(2) Used under section 309 within that 24-hour period; or
(3) Entered or withdrawn for consumption, with duty deposited, as
required under the applicable regulations (see part 144 of this
chapter).
[[Page 118]]
(b) Duty-free withdrawal from warehouse of aircraft turbine fuel
under section 557(a), Tariff Act of 1930, as amended (19 U.S.C.
1557(a)). Turbine fuel intended for use as supplies on aircraft under
section 309, Tariff Act of 1930, as amended, and withdrawn from a
Customs bonded warehouse shall be entitled to the privileges provided
for in section 309 if an amount equal to or exceeding the quantity of
such fuel is established, as provided for in paragraph (c) of this
section, to have been used on aircraft qualifying for the privileges
provided for in section 309 within 30 days after the withdrawal of the
fuel from the Customs bonded warehouse. Withdrawal of aircraft turbine
fuel under this paragraph shall be in accordance with the procedures in
Secs. 10.59 through 10.64, unless otherwise provided in this section.
Withdrawals under this paragraph shall be annotated with the term
``Withdrawal under 19 CFR 10.62b(b)''.
(c) Establishment of use of fuel by qualifying aircraft. (1) The
person withdrawing aircraft turbine fuel under paragraph (b) of this
section must establish that an aircraft qualifying for the privileges
provided for in section 309, Tariff Act of 1930, as amended, used fuel
in an amount equal to or exceeding the quantity of the fuel withdrawn
that is not entered and upon which duties are not paid by submitting to
Customs, at the port where the bonded warehouse entry was filed, within
the time provided in paragraph (d) of this section, either--
(i) Records prepared in the normal course of business effecting the
transfer to identified (e.g., by aircraft company name, flight number,
flight origin and destination, and date of flight) aircraft of fuel in
an amount equal to or exceeding the quantity of the fuel withdrawn which
is not entered and on which duties are not paid and objective evidence
that the aircraft to which the fuel was transferred were actually used
in trade qualifying for the privileges provided in section 309, Tariff
Act of 1930, as amended; or
(ii) A certification (documentary or electronic) that:
(A) All of the fuel withdrawn was intended for use on aircraft
entitled to the privileges provided for in section 309;
(B) Within 30 days of the date of withdrawal from warehouse, an
amount of fuel equal to or exceeding the quantity of the fuel withdrawn
which is not entered and on which duties are not paid was transferred as
supplies to aircraft entitled to the privileges provided for in section
309;
(C) All of the aircraft into which fuel is loaded hereunder were
used in a trade provided for in section 309; and
(D) The person making the certification possesses evidence
(documentary or electronic) available for Customs inspection at a named
place which supports each of the above statements.
(2) Upon request by Customs, the person who submits the
certification provided for in paragraph (c)(1) of this section shall
promptly provide the evidence required to support the claim for
treatment under this section (including the records described in
Sec. 10.62b(c)(1)(i)) and Secs. 10.62 and 19.6(d) and each of the
statements in the certification.
(d) Time for establishment of use of fuel by qualifying aircraft.
The person withdrawing aircraft turbine fuel under paragraph (b) of this
section shall submit the records or certification provided for in
paragraph (c) of this section by the 40th day after the date of
withdrawal of the fuel unless the fuel was withdrawn under a blanket
withdrawal under paragraph (g) of this section. If the fuel was
withdrawn under a blanket withdrawal, the person withdrawing aircraft
turbine fuel under this section shall submit the records or
certification provided for in paragraph (c) of this section by the 40th
day after all of the fuel covered by the blanket permit to withdraw has
been withdrawn.
(e) Treatment of turbine fuel withdrawn but not used on qualifying
aircraft within 30 days. If turbine fuel is withdrawn from a Customs
bonded warehouse under paragraph (b) of this section but fuel in an
amount less than the quantity withdrawn is established to have been used
within 30 days of the date of withdrawal from warehouse on aircraft
qualifying for the privileges provided for in section 309, Tariff Act of
1930, as amended, a withdrawal for consumption shall be filed and duties
shall be
[[Page 119]]
deposited for the excess of fuel so withdrawn over that used on aircraft
so qualifying. Such withdrawal shall be filed and such duties shall be
deposited by the 40th day after the date of withdrawal of the fuel in
accordance with the procedures in Sec. 144.38 of this chapter. Interest
shall be payable and deposited with such duties, calculated from the
date of withdrawal at the rate of interest established under 26 U.S.C.
6621.
(f) Liquidated damages. Failure to account for turbine fuel
withdrawn under paragraphs (b) through (h) of this section shall result
in liquidated damages against the person withdrawing the turbine fuel,
as provided for under Sec. 113.62 of this chapter. Such failure to
account for turbine fuel includes:
(1) The failure to timely file the withdrawal for consumption and
payment of duty, with interest, on the quantity of fuel so withdrawn in
excess of the quantity of fuel established to have been used on
qualifying aircraft within 30 days of withdrawal, as provided for in
paragraph (e) of this section;
(2) The failure to timely file the evidence or certification
establishing such use of the fuel which is not entered and on which
duties are not paid, as provided for in paragraph (c) of this section;
or
(3) The failure to promptly provide the evidence required to support
the claim for treatment under paragraph (b) of this section, upon
request by Customs, as provided for in paragraph (c)(2) of this section.
(g) Blanket withdrawals. Blanket withdrawals, as provided for in
Secs. 10.62 and 19.6(d), may be used for withdrawals from warehouse
under section 557(a), Tariff Act of 1930, as amended, and paragraphs (b)
through (h) of this section, under the procedures provided in
Secs. 10.62 and 19.6(d) except that--
(1) Application by the withdrawer for a blanket permit to withdraw
shall be on the warehouse entry, or on the warehouse entry/entry summary
when used as an entry, annotated with the words ``Some or all of the
merchandise will be withdrawn under blanket permit per Secs. 10.62,
10.62b, and 19.6(d).'';
(2) Turbine fuel withdrawn under a blanket permit as authorized in
this paragraph may be delivered at a port other than the port of
withdrawal;
(3) Customs acceptance of a properly completed application for a
blanket permit to withdraw, on the warehouse entry or warehouse entry/
entry summary, will constitute approval of the blanket permit to
withdraw;
(4) A copy of the approved blanket permit to withdraw will be
delivered to the warehouse proprietor, whereupon fuel may be withdrawn
under the terms of the blanket permit;
(5) The withdrawal document to be placed in the proprietor's permit
file folder (see Sec. 19.6(d)(2)) will be a commercially acceptable
document of receipt (such as a ``withdrawal ticket'') issued by the
warehouse proprietor, identified with a unique alpha-numeric code and
containing the following information:
(i) Identity of withdrawer;
(ii) Identity of warehouse and tank from which fuel is withdrawn;
(iii) Date of withdrawal;
(iv) Type of merchandise withdrawn; and
(v) Quantity of merchandise withdrawn.
(6) The date of withdrawal, for purposes of calculating the 30-day
period in which fuel must be used on qualifying aircraft under this
section, shall be the date on which physical removal of the fuel from
the warehouse commences;
(7) The blanket permit summary prepared by the proprietor as
provided for in Sec. 19.6(d)(4) shall be prepared when all of the fuel
covered by the blanket permit has been withdrawn and shall account for
all merchandise withdrawn under the blanket permit, as required by
Sec. 19.6(d)(4), by stating, in summary form, the unique alpha-numeric
codes and information required in paragraph (g)(5) of this section, as
well as the identity of the warehouse entry to which the withdrawal is
attributed;
(8) The certification on the blanket permit summary (see
Sec. 19.6(d)(4)) shall be that the merchandise listed thereunder was
withdrawn in compliance with Secs. 10.62, 10.62b, and 19.6(d); and
(9) The person withdrawing aircraft turbine fuel under these blanket
procedures shall submit the records or certification provided for in
Sec. 10.62b(c) by
[[Page 120]]
the 40th day after all of the fuel covered by the blanket permit has
been withdrawn (see Sec. 10.62b(d)). At the discretion of the port
director for the port where blanket withdrawal was approved, submission
of the records and evidence required to establish use of the fuel on
qualifying aircraft may be required to be submitted electronically, in a
format compatible with Customs electronic record-keeping systems.
(h) Recordkeeping. The person withdrawing aircraft turbine fuel from
warehouse under this section is subject to the recordkeeping
requirements in 19 U.S.C. 1508 and 1509, as provided for in part 162 of
this chapter.
[T.D. 96-18, 61 FR 6778, Feb. 22, 1996, as amended by T.D. 99-33, 64 FR
16347, Apr. 5, 1999]
Sec. 10.63 Landing of supplies and stores from receiving vessel in the United States.
Supplies or stores laden on a vessel duty and tax free under section
309, Tariff Act of 1930, as amended, may be landed under Customs
supervision under proper permit, the same as if they had been laden in a
foreign country. See Sec. 4.39 of this chapter. Except when transfer to
another vessel entitled to the free withdrawal privilege is permitted
under the original withdrawal under section 309, Tariff Act of 1930, as
amended, the landed articles shall be treated as an importation from a
foreign country.
[28 FR 14663, Dec. 31, 12963, as amended by T.D. 89-1, 53 FR 51250, Dec.
21, 1988; T.D. 97-82, 62 FR 51769, Oct. 3, 1997]
Sec. 10.64 Crediting or cancellation of bonds.
(a) Except as stated below, a bond on Customs Form 301, containing
the bond conditions set forth in Sec. 113.62 of this chapter may be
credited or canceled in respect of such articles upon the vessel's
departure from the port of lading in a class of trade or business
entitling the articles to exemption from duty and tax under the statute.
The withdrawer shall cause the merchandise to be delivered to the lading
vessel, and shall provide such evidence of lading as required by the
port director within 30 days after lading, except as provided in this
section. If the vessel is not operated by the United States and proceeds
in ballast from the port where the articles are laden to another port to
lade passengers or cargo for carriage in a class of trade specified in
section 309, Tariff Act of 1930, as amended, the bond may be credited or
canceled upon the filing with the director of the port of withdrawal
within 3 months after the date of withdrawal of a proper declaration as
prescribed below. The declaration shall be executed by one of the
following who has knowledge of the facts:
(1) The operations manager or port captain for the vessel on which
the articles are laden but not a representative of the supplier.
(2) The master or other officer of the vessel on which the articles
are laden. The declaration shall be in substantially the following form:
I,______________________________________________________________________
(Operations manager, port captain, master, or other officer) of the
vessel ------------ declare that I have knowledge of the facts set forth
herein, and that upon the lading of the articles described below covered
by withdrawal No. --------, filed at ----------------(Name of port), the
vessel then proceeded in ballast to ----------------(Name of port) to
lade cargo or passengers; that the vessel was suitable for service in
the class of trade checked below with fittings, outfit, and equipment
for such trade already installed when it so departed in ballast; and
that upon arrival it proceeded to engage in the carriage of cargo or
passengers in such trade, except as stated below:
_______________________________________________________________________
(If no exception, note ``None'')
1. Foreign Trade.
2. Trade between Atlantic and Pacific ports of the United States, when
such trade is not prohibited by coastwise laws.
3. Trade between the United States and any of its possessions, when such
trade is not prohibited by coastwise laws.
4. Trade between Alaska or Hawaii and any other part of the United
States, when such trade is not prohibited by coastwise laws.
Description of articles:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(Name and title)
(b) A declaration as to the intended business or trade of a vessel
may, in
[[Page 121]]
the discretion of the port director, be accepted in lieu of a
declaration prescribed in paragraph (a) of this section when the amount
of duty or tax, or both, involved in a single lading is less than $100.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 84-213, 49 FR 41166,
Oct. 19, 1984]
Sec. 10.64a [Reserved]
Sec. 10.65 Cigars and cigarettes.
(a) Imported cigars and cigarettes in bonded warehouse or otherwise
in Customs custody, and such articles manufactured with the use of
imported materials in a bonded manufacturing warehouse of class 6, may
be withdrawn under section 317, Tariff Act of 1930, as amended, for
consumption beginning beyond the 3-mile limit or international boundary,
as the case may be, (1) on vessels actually engaged in the foreign,
intercoastal, or noncontiguous territory trade within the purview of
Sec. 10.59(a); (2) on vessels departing from the port where the
withdrawal is made directly for a foreign port, a port on the opposite
coast, or a port in one of the possessions of the United States; or (3)
on vessels of war or other governmental activity.
(b) The privilege shall not be granted to vessels stationed in
American waters for an indefinite period without sailing schedules, nor
shall it be granted to aircraft of foreign registry of a country for
which there is not in effect a finding and advice by the Department of
Commerce under section 309(d), Tariff Act of 1930, as amended, that such
country allows privileges to aircraft registered in the United States
substantially reciprocal to those described in section 317, Tariff Act
of 1930, as amended. See section 10.59(f).
(c) With the following additions and exceptions, the same procedure
shall be followed as in the case of withdrawals under section 309(a),
Tariff Act of 1930, as amended.
(1) No bond shall be required in the case of vessels operated by the
United States Government.
(2) When a shipping case containing cigars and cigarettes is made up
of a number of units, each in a separate package, such units may be
withdrawn separately, provided each unit is marked and numbered for
identification and contains not less than 250 cigars or 1,000
cigarettes. In the case of imported cigars and cigarettes so packed,
only one unit from each shipping case shall be opened for examination,
unless the port director shall deem it necessary for the protection of
the revenue to examine a greater quantity. Imported tobacco products on
which the duty or internal-revenue tax has been paid may not be
withdrawn under section 317, Tariff Act of 1930, as amended, with a
drawback of such duty or internal-revenue tax.
(3) When all the units in such shipping case are not to be withdrawn
at the same time or for use on the same vessel, a blanket withdrawal may
be filed for the entire case in lieu of a separate withdrawal for each
unit. In such event, the withdrawal shall be retained by the warehouse
proprietor until delivery receipts are obtained for the entire quantity
covered by the withdrawal, provided the total period of time prior to
delivery to the using vessel or aircraft does not exceed 5 years. A bond
on Customs Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter, when required, shall be filed at the time
of or prior to the removal of any of the merchandise from the warehouse
for delivery to the vessel on which it is to be used.
(4) Merchandise for which blanket withdrawals are filed shall be
stored in a separate room or enclosure in a bonded warehouse under
separate locks, and the merchandise clearly marked to show that it has
been withdrawn. If, at the time of any such inventory, any merchandise
is missing and not properly accounted for, duties shall be paid thereon
before any further withdrawals are permitted.
(5) The declaration of use, when required, shall include a statement
that consumption of the articles covered by the withdrawal did not begin
until the withdrawing vessel or aircraft had proceeded beyond the 3 mile
limit or the international boundary.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 67-193, 32 FR 11764,
Aug. 16, 1967; T.D. 70-73, 35 FR 5400, Apr. 1, 1970; T.D. 82-204, 47 FR
49368, Nov. 1, 1982; T.D. 84-213, 49 FR 41166, Oct. 19, 1984; T.D. 89-1,
53 FR 51250, Dec. 21, 1988]
[[Page 122]]
Articles Exported for Exhibition, Etc.
Sec. 10.66 Articles exported for temporary exhibition and returned; horses exported for horse racing and returned; procedure on entry.
(a) In connection with the entry of articles, including livestock or
other animals, exported for temporary exhibition and returned and
claimed to be exempt from duty under subheading 9801.00.50 or
9801.00.60, Harmonized Tariff Schedule of the United States (HTSUS),
there shall be filed:
(1) A certificate of exportation on Customs Form 3311;
(2) A declaration of the importer on Customs Form 4455 for articles
of either domestic or foreign origin; and
(3) In the case of animals of foreign origin taken abroad for
exhibition in connection with a circus or menagerie, a copy of an
inventory of these animals filed prior to their leaving the country with
the director of the port of their departure.
(b) If it is shown to be impracticable to produce the certificate of
exportation required under paragraph (a)(1) of this section, the port
director may accept other satisfactory evidence of exportation, or may
take a bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.62 of this chapter to secure the production of such
certificate or other evidence.
(c) Articles claimed to be exempt from duty under subheading
9801.00.50 or 9801.00.60, Harmonized Tariff Schedule of the United
States (HTSUS) (19 U.S.C. 1202), may be returned free of duty without
formal entry and without regard to the requirements of paragraph (a) or
(b) of this section if:
(1) Prior to the exportation of such articles, an application on
Customs Form 4455 (accompanied by an appropriate inventory, when
required by law or by the port director) is filed with a declaration
thereon that:
(i) Any right to drawback of Customs duties with respect to that
shipment was waived;
(ii) Any internal revenue tax due has been paid and no refund
thereof will be sought; and
(iii) The merchandise was identified, registered, and exported in
accordance with the regulations set forth in Secs. 10.8(e), (g), (h),
and (i), governing the exportation of articles sent abroad for repairs,
and
(2) Upon return, a duplicate Customs Form 4455 (with accompanying
inventory where one was required) is filed.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 74-242, 39 FR 33794,
Sept. 20, 1974; T.D. 75-235, 40 FR 44319, Sept. 26, 1975; T.D. 78-153,
43 FR 23709, June 1, 1978; T.D. 82-224, 47 FR 53727, Nov. 29, 1982; T.D.
84-213, 49 FR 41166, Oct. 19, 1984; T.D. 87-75, 52 FR 20066, May 29,
1987; T.D. 89-1, 53 FR 51250, Dec. 21, 1988; T.D. 94-1, 58 FR 69470,
Dec. 30, 1993]
Sec. 10.67 Articles exported for scientific or educational purposes and returned; procedure on entry.
(a) In connection with each entry of articles exported for
scientific or educational purposes and returned under subheading
9801.00.40, Harmonized Tariff Schedule of the United States (HTSUS), the
following shall be required, irrespective of the value of the shipment:
(1) A certificate of exportation on Customs Form 3311;
(2) A declaration by the foreign shipper in the same form as that
prescribed in Sec. 10.66(a)(2) but stating that such articles were sent
from the United States solely for temporary scientific or educational
use and describing the specific use to which they were put while abroad.
(3) A declaration of the ultimate consignee in substantially the
following form:
Port of ----------------, Port Director's Office, --------, 19----.
I, --------------------, declare that the several articles described
in the annexed entry are, to the best of my knowledge and belief, the
identical articles exported from the United States on the ------ day of
------------, 19----, by ------------------ (Actual shipper) address --
--------------, for the account of ----------------, address ----------
------that they are returned to ----------------, address --------------
--, for the account of ----------------, address ----------------that
the said articles were exported solely for temporary scientific or
educational purposes and for no other use abroad than for exhibition,
examination, or experimentation; that they are being returned without
having been changed in condition in any manner, except by reason of
their bona fide use as follows:
[[Page 123]]
_______________________________________________________________________
(Describe change in condition)
_______________________________________________________________________
_______________________________________________________________________
(Ultimate consignee)
(b) If it is shown to be impracticable to produce the certificate of
exportation required by paragraph (a)(1) of this section, the port
director may accept other satisfactory evidence of exportation. The port
director may take a bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.62 of this chapter to secure the
subsequent production of any of the evidence or documents required by
paragraph (a) of this section which are not available at the time of
entry.
(c) If, prior to the exportation of articles claimed to be exempt
from duty under subheading 9801.00.40, Harmonized Tariff Schedule of the
United States (HTSUS), an application on Customs Form 4455 (accompanied
by an appropriate inventory when, in the discretion of the port
director, such inventory is deemed necessary) was filed, such articles
may be returned for the account of the exporter free of duty without
formal entry, without regard to the requirements of paragraphs (a) and
(b) of this section, upon the filing of the duplicate Customs Form 4455
(with accompanying inventory, if one was required), and a declaration of
the ultimate consignee in substantially the form set forth in paragraph
(a)(3) of this section.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 74-242, 39 FR 33794,
Sept. 20, 1974; T.D. 84-213, 49 FR 41166, Oct. 19, 1984; T.D. 89-1, 53
FR 51250, Dec. 21, 1988; T.D. 94-1, 58 FR 69470, Dec. 30, 1993; T.D. 97-
82, 62 FR 51769, Oct. 3, 1997]
Theatrical Effects, Motion-Picture Films, Commercial Travelers' Samples,
and Tools of Trade
Sec. 10.68 Procedure.
(a) Theatrical scenery, properties, and effects, motion-picture
films (including motion-picture films taken aboard a vessel for
exhibition only during an outward voyage and returned for the same
purpose during an inward voyage on the same or another vessel),
commercial travelers' samples, and professional books, implements,
instruments, and tools of trade, occupation, or employment (see
Sec. 148.53 of this chapter), of domestic or foreign origin, taken
abroad may be returned without formal entry and without payment of duty
if an exportation voucher from a carnet, when applicable, or an
application on Customs Form 4455 was filed, and the merchandise was
identified as set forth in Sec. 10.8, before exportation of the
articles. Articles exported under cover of an A.T.A. carnet (where the
carnet serves as the control document) may, in accordance with this
paragraph, be returned without entry or the payment of duty. If Customs
Form 4455 is utilized, commercial travelers' samples, professional
books, implements, instruments, and tools of trade, occupation, or
employment may be returned with either an informal entry or a
declaration on Customs Form 3299; theatrical scenery, properties, and
effects and motion-picture films may be returned only with an informal
entry. When articles other than those exported by mail or parcel post
are examined and registered at one port and exported through another
port, the port director may require proof of exportation in those cases
where the carnet or Customs Form 4455 does not reflect that these
articles were exported under Customs supervision. In the case of
commercial travelers' samples taken abroad for temporary use, except
where exportation involves certification of a carnet, port directors may
waive examination of the samples at the time of exportation. When
motion-picture films are to be taken aboard a vessel for exhibition only
during an outward voyage and are to be returned for the same purpose
during an inward voyage on the same or another vessel, port directors
may waive examination and supervision at the time of exportation. When
theatrical scenery, properties, and effects are taken abroad in sealed
carload lots by rail for temporary use, the cars must be sealed by U.S.
Customs officers for entry at any Canadian or Mexican port where U.S.
Customs officers are stationed. Application and examination before the
time of exportation is waived if a Customs Form 4455 is filed with the
U.S. Customs officer in the appropriate Canadian or Mexican
[[Page 124]]
port, and that officer examines the articles before they are released
from foreign customs custody by the foreign customs officer.
(b) When any such articles are to be returned to the United States
from a contiguous foreign country in which a United States Customs
officer is stationed, the articles may be presented to such officer with
the duplicate copy of the application for examination and comparison
with the descriptive list. Upon completion of such examination, the
packages containing the articles shall be corded and sealed or forwarded
in cars sealed by Customs officers and shall be manifested in the same
manner as personal baggage. Articles so treated shall be released upon
arrival in the United States and removal of the seals by Customs
officers.
(c) When commercial travelers' samples consisting of raw cotton are
taken to and returned from Canada, the application on Customs Form 4455
shall be executed in triplicate, two copies thereof to be returned to
the traveler for surrender to the Customs officer on the return of the
samples from Canada.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 69-146, 34 FR 9801, June
25, 1969; T.D. 75-41, 40 FR 6646, Feb. 13, 1975; T.D. 82-49, 47 FR
12160, Mar. 22, 1980; T.D. 82-116, 47 FR 27261, June 24, 1982]
Sec. 10.69 Samples to Great Britain and Ireland under reciprocal agreement.
Descriptive lists of samples taken to Great Britain and Ireland by
commercial travelers of the United States under the joint declarations
of December 3 and 8, 1910 (State Department treaty series 552), shall be
required in triplicate, verified by the affidavit of the commercial
traveler before a Customs officer, and shall show that the samples are
for use as models or patterns for the purpose of obtaining orders and
not for sale and that the lists contain a full description of the
articles. One copy shall be retained and the others shall be delivered
to the commercial traveler--one for the identification of the samples on
their return to the United States and one for the use of the foreign
customs authorities. The latter copy must have been attested by a
consular officer of the country concerned in the United States.
Animals and Birds
Cross Reference: For regulations with respect to recognition of
breeds and purebred animals, see 9 CFR part 151.
Sec. 10.70 Purebred animals for breeding purposes; certificate.
(a) In connection with the entry of purebred animals for breeding
purposes under subheading 0101.11.00, Harmonized Tariff Schedule of the
United States (HTSUS), no claim for free entry shall be allowed in
liquidation of the entry until the port director has received from the
Department of Agriculture a certificate that the animal is purebred of a
recognized breed and duly registered in a book of record recognized by
the Secretary of Agriculture for that breed. Importers are required by
regulation of the Department of Agriculture to make application for a
certificate of pure breeding to the U.S. Department of Agriculture,
Animal and Plant Health Inspection Service, Veterinary Services, on ANH
Form 17-338 before the animal will be examined as required by 9 CFR
151.7. Application for the certificate must be executed by the owner
agent, or importer and filed at a port of entry designated in the
regulations of the Department of Agriculture for the importation of
animals (9 CFR 92.3). However, applications for certificates for dogs
(other than dogs for handling livestock regulated under 9 CFR 92.18) and
cats may be filed either at a designated port of entry or at any other
port where Customs entry is made. The regulations of the Department of
Agriculture prescribing the requirements for the issuance of
certificates of pure breeding provide that all animals imported under
such regulations must be accompanied to the port at which examination is
to be made by certificates of pedigree and transfer of ownership in
order that identification may be accomplished, and that, if such animals
are moved from such port prior to the presentation of such certificates
and transfers, such action shall constitute a waiver of any further
claim to certification under such regulations.
[[Page 125]]
(b) In the cases of cats and dogs arriving at Canadian border ports,
Customs officers and employees are hereby authorized and directed to
make the examination required by such regulations of the Department of
Agriculture. Customs officers and employees are also authorized and
directed to make such examinations at the ports of New York and Boston,
provided the dog or cat is brought into the United States by a
passenger. At all airports, Customs officers shall make the examination
of dogs and cats, whether or not accompanied by the owners, if there is
no inspector of the Department of Agriculture stationed there or on duty
at the time of arrival.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 68-154, 33 FR 8730, June
14, 1968; T.D. 78-99, 43 FR 13060, Mar. 29, 1978; T.D. 87-75, 52 FR
20066, May 29, 1987; T.D. 89-1, 53 FR 51250, Dec. 21, 1988]
Sec. 10.71 Purebred animals; bond for production of evidence; deposit of estimated duties; stipulation.
(a) The animal may be released from Customs custody upon the
furnishing by the importer of a bond on Customs Form 301, containing the
bond conditions set forth in Sec. 113.62 of this chapter for the
production within 6 months of (1) a certificate of pure breeding issued
by the Department of Agriculture, and (2) the declaration required by
Sec. 10.70(a) submitted in letter form if such declaration was not filed
at the time of entry. The release of the animal from customs custody
requires the presentation of the pedigree certificate and evidence of
transfer of ownership in accordance with the regulations of the
Department of Agriculture mentioned in Sec. 10.70(b).
(b) Charges against the bond shall be canceled only upon the
production of the required evidence or on payment of duties.
(c) In cases where the pedigree certificate and evidence of transfer
of ownership have been presented in accordance with the regulations of
the Department of Agriculture, the importer, if he so elects, may, in
lieu of giving a bond, deposit estimated duties and file a stipulation
with the port director within 10 days after the date of entry to produce
the declaration and certificate of pure breeding within 6 months from
the date of entry, whereupon the liquidation of the entry shall be
suspended. (See Sec. 113.42 of this chapter.)
(d) If the pedigree certificate and evidence of transfer of
ownership were not presented in accordance with such regulations of the
Department of Agriculture, a deposit of estimated duties, in addition to
the regular entry bond, shall be required.
(e) When a passenger arriving in the United States with one or more
dogs or cats and with the required certificates of pedigree and
transfers of ownership in his possession furnishes a properly executed
declaration as required by Sec. 10.70(a) along with an application to
the Department of Agriculture on ANH Form 17-338 for a certificate of
pure breeding, the entry of the animal(s) as duty-free under subheading
0106.00.50, Harmonized Tariff Schedule of the United States (HTSUS), may
be made on the passenger's baggage declaration if the value of the
animals does not exceed $500. In such case the entry shall be supported
by a bond on Customs Form 301, containing the bond conditions set forth
in Sec. 113.62 of this chapter for the production within 6 months of a
certificate of pure breeding. The bond shall be without surety or cash
deposit unless the port director on the basis of information before him
finds that a bond with surety or a cash deposit is necessary to protect
the revenue.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 68-79, 33 FR 4461, Mar.
13, 1968; T.D. 68-154, 33 FR 8731, June 14, 1968; T.D. 74-227, 39 FR
32015, Sept. 4, 1974; T.D. 78-99 43 FR 13060, Mar. 29, 1978; T.D. 84-
213, 49 FR 41166, Oct. 19, 1984; T.D. 87-75, 52 FR 26142, July 13, 1987;
T.D. 89-1, 53 FR 51250, Dec. 21, 1988; T.D. 93-66, 58 FR 44130, Aug. 19,
1993]
Secs. 10.72--10.73 [Reserved]
Sec. 10.74 Animals straying across boundary for pasturage; offspring.
When domestic animals for which free entry is to be claimed under
subheading 9801.00.90, Harmonized Tariff Schedule of the United States,
have strayed across the boundary line, they may be returned, together
with their offspring, without entry if brought back within 30 days;
otherwise entry shall be required. The owner of any
[[Page 126]]
such animal shall report its return to the nearest Customs office and
hold it for such inspection and treatment as may be deemed necessary by
a representative of the Animal and Plant Health Inspection Service of
the Department of Agriculture. Any such arrival found not to have been
so reported or held shall be subject to seizure and forfeiture pursuant
to 18 U.S.C. 545.
[T.D. 87-75, 52 FR 20067, May 29, 1987, as amended by T.D. 89-1, 53 FR
51250, Dec. 21, 1988]
Sec. 10.75 Wild animals and birds; zoological collections.
When wild animals or birds are claimed to be free of duty under
subheading 9810.00.70, Harmonized Tariff Schedule of the United States
(HTSUS), (19 U.S.C. 1202), the port director may, at his discretion,
require appropriate proof that the animals or birds were specially
imported pursuant to negotiations conducted prior to importation for the
delivery of animals or birds of a named species meeting agreed
specifications of reasonable particularity and that they are intended at
the time of importation for public exhibition in a collection maintained
for scientific or educational purposes and not for sale or for use in
connection with any enterprise conducted for profit. The fact that an
animal or bird may have been sent on approval shall not preclude free
entry under subheading 9810.00.70, HTSUS, when it is actually accepted
as a part of the zoological collection and so exhibited.
[T.D. 85-123, 50 FR 29953, July 23, 1985, as amended by T.D. 89-1, 53 FR
51250, Dec. 21, 1988; T.D. 97-82, 62 FR 51769, Oct. 3, 1997]
Sec. 10.76 Game animals and birds.
(a) The following classes of live game animals and birds may be
admitted free of duty for stocking purposes under the provisions of
subheading 9817.00.70 without reference to the United States Customs
Service, if the requirements of the Fish and Wildlife Service,
Department of the Interior, have been complied with.
animals
1. Cervidae, commonly known as deer and elk.
2. Leporidae, commonly known as rabbits.
3. Sciuridae, commonly known as squirrels.
birds
1. Anatidae, commonly known as ducks and geese.
2. Gallinae, commonly known as turkeys, grouse, pheasants,
partridges, and quail.
3. Otididae, commonly known as bustards.
4. Tinamidae, commonly known as tinamous.
(b) Application for the free entry of other live animals or birds
under subheading 9817.00.70, Harmonized Tariff Schedule of the United
States shall be referred to the United States Customs Service for
consideration. Animals imported for fur-farming purposes shall not be
admitted free of duty under that paragraph.
(c) [Reserved]
(d) Game animals and birds killed in foreign countries by residents
of the United States, if not imported for sale or other commercial
purposes, may be admitted free of duty without entry, if the person has
no merchandise requiring a written declaration upon the filing of a
declaration on U.S. Fish and Wildlife Service Form 3-177, Declaration
for Importation or Exportation of Fish or Wildlife. No bond or cash
deposit to insure the destruction or exportation of the plumage of such
birds shall be required.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 82-145, 47 FR 35475,
Aug. 16, 1982; T.D. 86-118, 51 FR 22515, June 20, 1986; T.D. 89-1, 53 FR
51250, Dec. 21, 1988; T.D. 90-78, 55 FR 40166, Oct. 2, 1990]
Sec. 10.77 [Reserved]
Products of American Fisheries
Sec. 10.78 Entry.
(a) No entry shall be required for fish or other marine products
taken on the high seas by vessels of the U.S. or by residents of the
U.S. in undocumented vessels owned in the U.S. when such fish or other
products are brought into port by the taking vessel or are transferred
at sea to another fishing vessel of the same fleet and brought into
port.
(b) An American fishery, within the meaning of Subchapter XV of
Chapter 98, Harmonized Tariff Schedule of the United States, is defined
as a fishing
[[Page 127]]
enterprise conducted under the American flag by vessels of the United
States on the high seas or in foreign waters in which such vessels have
the right by treaty or otherwise, to take fish or other marine products
and may include a shore station operated in conjunction with such
vessels by the owner or master thereof.
(c) The employment of citizens of a foreign country by an American
fishery is permissible but the purchase by an American fishery of fish
or other marine products taken by citizens of a foreign country on the
high seas or in foreign waters will subject such fish or other marine
products to treatment as foreign merchandise.
(d) Products of an American fishery shall be entitled to free entry
although prepared, preserved, or otherwise changed in condition,
provided the work is done at sea by the master or crew of the fishery or
by persons employed by and under the supervision of the master or owner
of the fishery. Fish (except cod, haddock, hake, pollock, cusk,
mackerel, and swordfish) the product of an American fishery landed in a
foreign country and there not further advanced than beheaded,
eviscerated, packed in ice, frozen and with fins removed, shall be
entitled to free entry, whether or not such processing is done by the
American fishery. Products of an American fishery prepared or preserved
on the treaty coasts of Newfoundland, Magdalen Islands, or Labrador, as
such coasts are defined in the Convention of 1818 between the United
States and Great Britain, shall be entitled to free entry only if the
preparation or preservation is done by an American fishery.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 87-75, 52 FR 20067, May
29, 1987; T.D. 89-1, 53 FR 51250, Dec. 21, 1988]
Sec. 10.79 [Reserved]
Salt For Curing Fish
Sec. 10.80 Remission of duty; withdrawal; bond.
Imported salt in bond may be used in curing fish taken by vessels
licensed to engage in the fisheries, and in curing fish in the shores of
the navigable waters of the U.S., whether such fish are taken by
licensed or unlicensed vessels, and upon proof that the sale has been
used for either of such purposes, the duties on the same shall be
remitted. (Section 313(e), Tariff Act of 1930, 19 U.S.C. 1313(e)).
Imported salt entered for warehouse may be withdrawn under bond for use
in curing fish. Upon proof that the salt has been so used, the duties
thereon shall be remitted. In no case shall the quantity of salt
withdrawn exceed the reasonable requirements of the case. Withdrawal
shall be made on Customs Form 7501. Each withdrawal shall contain the
statement prescribed for withdrawals in Sec. 144.32 of this chapter.
When the withdrawal is made by a person other than the importer of
record, a bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.62 of this chapter for the production of proof of
proper use shall be filed. Upon acceptance of the bond, a withdrawal
permit shall be issued on Customs Form 7501.
[T.D. 89-1, 53 FR 51251, Dec. 21, 1988, as amended by T.D 95-81, 60 FR
52295, Oct. 6, 1995]
Sec. 10.81 Use in any port.
(a) Salt withdrawn under bond for use in curing fish on the shores
of navigable waters may be used for such purpose at any port, but the
evidence of use in such cases shall be submitted through the director of
the port where the salt was used.
(b) If desired, salt to be used in curing fish on shore at another
port than that in which it is warehoused in bond may be withdrawn under
a transportation entry and shipped in bond to the other port at which it
is to be used, where it may be entered on Customs Form 7501 which shall
show withdrawal of the salt for use in curing fish. Thereupon, and upon
the filing of a bond on Customs Form 301, containing the bond conditions
set forth in Sec. 113.62 of this chapter, such salt may be used without
being sent to a bonded warehouse or public store. In such a case the
proof of use shall be filed at the latter port.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 84-213, 49 FR 41166,
Oct. 19, 1984; T.D. 87-75, 52 FR 20067, May 29, 1987; T.D 95-81, 60 FR
52295, Oct. 6, 1995]
[[Page 128]]
Sec. 10.82 [Reserved]
Sec. 10.83 Bond; cancellation; extension.
(a) If it shall appear to the satisfaction of the port director
holding the bond referred to in Sec. 10.80, that the entire quantity of
salt covered by the bond has been duly accounted for, either by having
been used in curing fish or by the payment of duty, the port director
may cancel the charges against the bond. The port director may require
additional evidence in corroboration of the proof of use produced.
(b) On application of the person making the withdrawal, the period
of the bond may be extended 1 year so as to allow the salt to be used
during the time of extension in curing fish with the same privileges as
if used during the original period.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 87-75, 52 FR 20067, May
29, 1987]
Automotive Products
Sec. 10.84 Automotive vehicles and articles for use as original equipment in the manufacture of automotive vehicles.
(a)(1) Certain motor vehicles and motor vehicle equipment are
eligible for duty-free entry as proclaimed by the President under the
Automotive Products Trade Act of 1965. The articles designated for such
duty-free treatment are defined in General Note 3(c)(iii), HTSUS (19
U.S.C. 1202). Specifically, such articles are those designated [as
``Free (B)''] in the ``Special'' subcolumn in Chapter 87, HTSUS, and
must qualify as ``Canadian articles'' as defined in General Note
3(c)(iii)(A)(1), HTSUS. To claim exemption from duty under the
Automotive Products Trade Act of 1965, an importer must establish, to
the satisfaction of the appropriate Customs officer, that the article in
question qualifies as a ``Canadian article'' for purposes of General
Note 3(c)(iii)A)(1), HTSUS. The Customs officer may accept as
satisfactory evidence a certificate executed by the exporter as set
forth in paragraph (b) of this section, subject to any verification he
may deem necessary. Alternatively, the Customs officer may determine
that under the circumstances of the importation a certificate is
unnecessary.
(2) Under the United States-Canada Free-Trade Agreement and
implementing legislation (Pub. L. 100-449, 102 Stat. 1851) a
manufacturer of motor vehicles may elect to average, over its 12-month
financial year, its calculation of the value-content requirement for
vehicles in establishing its eligibility for tariff preference.
Requirements for averaging are set forth in Sec. 10.310 and 10.311.
(b)(1) When all materials used at any stage in the production of the
imported article are wholly obtained or produced in Canada or the United
States, or both, a certificate in the following form may be accepted as
evidence that the commodity is a ``Canadian article'':
All materials contained in the product covered by the __________
(Describe the invoice, bill of lading, or other document or statement
identifying the shipment) annexed or appended to this certificate of
Canadian origin at the time it was subscribed were wholly obtained or
produced in Canada or the United States, or both. No materials other
than those which were wholly obtained or produced in Canada or the
United States, or both, were incorporated into this product or any of
its components at any stage of production or in the production of any
intermediate product used at any stage in the chain of production in
Canada or the United States, or both.
(2) When any material used at any stage in the production of an
imported article or any of its components is not wholly obtained or
produced in Canada or the United States, or both, a certificate in the
following form may be accepted as evidence that the commodity is
nevertheless a ``Canadian article'':
The product covered by the __________ (Describe the invoice, bill of
lading, or other document or statement identifying the shipment) annexed
or appended to this certificate of Canadian origin at the time it was
subscribed is an originating good so as to be a Canadian article. There
were used in its production in Canada __________ (Description sufficient
for tariff classification of the materials, and number of units) of
third country materials of which the price paid was __________ per unit
of quantity, plus __________ which represents all costs incurred in
transporting the materials to the location of the producer and the
duties, taxes, and brokerage fees on the materials, if such costs were
not included in the price paid.
[[Page 129]]
(3) If such Customs officer is satisfied that the revenue will be
protected adequately thereby, he may accept in lieu of the certificate
specified in paragraph (b)(2) of this section a certificate in the
following form when the merchandise covered thereby has been produced
with third country material but is an originating good under a specific
rule of origin for the merchandise:
The product covered by the __________ (Describe the invoice, bill of
lading, or other document or statement identifying the shipment) annexed
or appended to this certificate of Canadian origin at the time it was
subscribed is an originating good so as to be a Canadian article. There
were or may have been used in its production in Canada or the United
States, or both, materials of a third country.
It is impractical to ascertain the exact number of units of third
country material, if any, used in its production or the price paid (and
other costs required to be included in the price paid) of such materials
but to the best of (my) (our) (its) knowledge the materials are
described (sufficient for tariff classification purposes) as follows:
__________.
(4) The certificates described in paragraphs (b)(2) and (b)(3) of
this section shall not be accepted if the statements therein make it
evident that the importation is not a ``Canadian article'' within the
meaning of General Note 3(c), HTSUS.
(5) If more than one kind of article is covered by a certificate
provided for in paragraph (b) (1), (2), or (3) of this section, the
information required by the certificate shall be shown with respect to
each kind. When more than one kind of material, other than originating
material, is used in the production of an article covered by such a
certificate, the certificate shall state the number of units, a
description sufficient for tariff classification purposes, the price
paid, and, if not included in the price paid, the costs incurred in
transporting the materials to the location of the producer and duties,
taxes and brokerage fees paid in Canada and/or the United States on the
material, per unit of each kind of materials.
(6) A certificate conforming to paragraph (b) (1), (2), or (3) of
this section shall be accepted as evidence of the facts alleged therein
only if:
(i) There is annexed thereto a copy of the commercial invoice or
bill of lading covering the articles or other documentary evidence which
identifies the article to which the certificate pertains,
(ii) The certificate is signed by the manufacturer or producer of
the article to which it pertains, or by the person who exported the
articles from Canada, and
(iii) It clearly appears that such copy or other documentary
evidence was annexed to the certificate when it was signed.
(c) In lieu of the certification in paragraph (b) (1), (2), or (3)
of this section, a manufacturer of motor vehicles who claims a
preference under the United States-Canada Free-Trade Agreement and
elects to average pursuant to Sec. 10.310(a), shall be subject to the
requirements of Secs. 10.301 to 10.311 of this part.
(d) When an importer makes an entry, or withdrawal from warehouse,
for consumption of articles for use as ``original motor-vehicle
equipment'' as that term is defined in General Note 3(c)(iii), HTSUS, he
shall file in connection therewith his declaration that the articles are
being imported for use as original equipment in the manufacture in the
United States of the kinds of motor vehicles specified in the General
Note and furnish the name and address of the motor vehicle manufacturer.
A copy of the written order, contract, or letter of intent shall be
attached to the importer's declaration except that if the port director
is satisfied that a copy of the written order, contract, or letter of
intent will be made available by the importer or ultimate consignee for
inspection by customs officials upon request during a period of 3 years
from the date of such entry or withdrawal from warehouse, the production
of such documents will not be required. Proof of use need not be
furnished.
(e) If, after a Canadian article has been accorded the status of
original motor-vehicle equipment, it is decided to divert the article
from its intended use in the manufacture in the United States of motor
vehicles, the importer or other person deciding to divert the article
from such intended use shall give notice in writing of the decision to
the director of the port where entry was made or where the offices of
the
[[Page 130]]
importer are located and either make arrangements for its destruction or
exportation under Customs supervision or pay duties in accordance with
General Note 3(c)(iii)(B)(2), HTSUS. If such article is not destroyed or
exported under Customs supervision or the duties paid, the article, or
its value, shall be subject to forfeiture.
[T.D. 89-3, 53 FR 51765, Dec. 23, 1988, as amended by T.D. 92-8, 57 FR
2453, Jan. 22, 1992; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]
Master Records, And Metal Matrices
Sec. 10.90 Master records and metal matrices.
(a) Consumption entries covering importations under subheading
8524.99.20, HTSUS, shall be filed at a port in the Customs district in
which the factory where the articles will be used is located.
(b) The invoice filed with the entry shall contain or be supported
by a detailed statement of the cost of production, in the country where
made, of each master record or metal matrix covered thereby.
(c) A bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.62 of this chapter shall be filed for importations
under this section.
(d) Entries already filed and future entries shall be liquidated in
due course without the assessment of duty, but liability on bonds given
with the entries shall be discontinued with respect to any article
covered thereby only upon payment of liquidated damages in an amount
equal to the duties which would have accrued had the master records or
metal matrices been imported for use otherwise than in the manufacture
of sound records for export purposes, or upon satisfactory proof that
the master records or metal matrices obtained therefrom have been
exported or destroyed under Customs supervision, and that all sound
records made with the use of such articles have been exported.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 84-213, 49 FR 41166,
Oct. 19, 1984; T.D. 87-75, 52 FR 20067, May 29, 1987; T.D. 89-1, 53 FR
51251, Dec. 21, 1988; T.D. 90-78, 55 FR 40166, Oct. 2, 1990; T.D. 97-82,
62 FR 51769, Oct. 3, 1997]
Secs. 10.91--10.97 [Reserved]
Fluxing Material
Sec. 10.98 Copper-bearing fluxing material.
(a) For the purpose of this section, ores usable as a flux or
sulphur reagent, mentioned in the provision for such ores in subheading
2603.00.00, Harmonized Tariff Schedule of the United States, shall
include only ores which contain by weight not over 15 percent copper.
(b) [Reserved]
(c) There shall be filed in connection with the entry of such
copper-bearing ores, either for consumption or warehouse, a declaration
of the importer that the material is to be used for fluxing purposes
only. In the case of a consumption entry, the estimated tax shall be
deposited at the time of entry. Liquidation of entries shall be
suspended pending proof of use for fluxing purposes as hereinafter
provided.
(d) Samples of the material shall be taken in accordance with the
commercial method in effect at the plant if to be used in a bonded
smelting warehouse, or in accordance with Secs. 151.52 through 151.55 of
this chapter if entered for consumption, and the copper content thereof
shall be determined by the Government chemist in accordance with the
assay.
(e) The management of the smelting or converting plant shall file
with the appropriate Customs officer at the port or ports where the
entries are to be liquidated, a statement based on its records of
operation for each quarterly period showing for each furnace or
converter the total quantity of material charged during each month or
part thereof of each quarter, the total quantity of material used for
fluxing purposes, and the quantity of imported ores used for fluxing
purposes for which free entry was claimed under the above-mentioned
provision, together with the copper content of such imported ores
computed in accordance with the Government assay. If the quantity of
ores used for fluxing purposes in any furnace or converter during any
month or part thereof of any quarter is in excess of 25 percent of the
charge of such furnace or converter,
[[Page 131]]
the quarterly statement shall be accompanied by an explanation of the
necessity for using such quantity for fluxing purposes.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 73-175, 38 FR 17445,
July 2, 1973; T.D. 87-75, 52 FR 20067, May 29, 1987; T.D. 89-1, 53 FR
51251, Dec. 21, 1988]
Ethyl Alcohol
Sec. 10.99 Importation of ethyl alcohol for nonbeverage purposes.
(a) If claim is made by an importer other than the United States or
a governmental agency thereof for the classification of ethyl alcohol of
an alcoholic strength by volume of 80 percent volume or higher under
subheading 2207.10.60, Harmonized Tariff Schedules of the United States,
the importer or his agent shall file in connection with the entry a
declaration that the alcohol is to be used for nonbeverage purposes only
and whether the alcohol is to be used for fuel purposes. Customs shall
release the alcohol for transfer, under internal revenue bond, to a
distilled spirits plant upon deposit of estimated duty, if any, and
without the payment of the internal revenue tax upon receipt of a
transfer record for bulk spirits. In addition, a package gauge record
must be submitted to Customs if the alcohol is in packages, as specified
in subpart I of part 251, Bureau of Alcohol, Tobacco and Firearms (BATF)
Regulations (27 CFR part 251, subpart I). The transfer shall be
accomplished in accordance with subpart L of Part 251, Bureau of
Alcohol, Tobacco and Firearms Regulations (27 CFR part 251, subpart L).
(b) An appropriate BATF permit shall be filed with Customs in
connection with the withdrawal of ethyl alcohol from Customs custody by
the United States or any governmental agency thereof for its own use for
nonbeverage purposes. Such permit shall be filed before release under
the entry without the deposit of estimated duties, if any, and internal
revenue tax, or before release in accordance with the provisions of
Sec. 141.102(d) of this chapter. (See subpart M of part 251, Bureau of
Alcohol, Tobacco and Firearms Regulations (27 CFR part 251, subpart M)).
(c) The procedures for the withdrawal free of tax on the entry of
ethyl alcohol for nonbeverage purposes from the Virgin Islands are found
in subpart O of part 250, Bureau of Alcohol, Tobacco and Firearms
Regulations (27 CFR part 250, subpart O).
[T.D. 89-65, 54 FR 28413, July 6, 1989]
United States Government Importations
Sec. 10.100 Entry, examination, and tariff status.
Except as otherwise provided for in Secs. 10.101, 10.102, 10.104,
141.83(d)(8), 141.102(d), or elsewhere in this chapter, importations
made by or for the account of any agency or office of the United States
Government are subject to the usual Customs entry and examination
requirements. In the absence of express exemptions from duty, such as
are contained in subheadings 9808.00.10, 9808.00.20, 9808.00.30,
9808.00.40, 9808.00.50, 9808.00.60, 9808.00.70, or other subheadings in
the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202)
providing for free entry, such importations are also subject to duty.
[T.D. 77-23, 42 FR 2310, Jan. 11, 1977, as amended by T.D. 89-1, 53 FR
51251, Dec. 21, 1988; T.D. 97-82, 62 FR 51769, Oct. 3, 1997]
Sec. 10.101 Immediate delivery.
(a) Shipments entitled to immediate delivery. Shipments 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, shall be regarded for purposes of these regulations
as shipments the immediate delivery of which is necessary within the
purview of section 448(b), Tariff Act of 1930, as amended (19 U.S.C.
1448(b)).
(b) Immediate delivery applications. The shipments described in the
preceding paragraph may be released upon the filing of immediate
delivery applications on Customs Form 3461 as set forth in subpart A of
part 142 of this chapter. Such applications may be limited to particular
shipments or may cover all shipments imported by the Government agency
making the application. They may be approved for specific periods of
time or for indefinite
[[Page 132]]
periods of time, provided in either case they are supported by carrier's
certificates and stipulations as provided for in paragraph (c) of this
section.
(c) Carrier's certificates and stipulations. Before the release of a
shipment under an immediate delivery permit, evidence of the right of
the applicant to make entry for the articles shall be furnished the port
director in accordance with the provisions of Secs. 141.11 and 141.12 of
this chapter.
(d) Bond. No bond shall be required in support of an immediate
delivery application provided for in this section if a stipulation in
the form as set forth below is filed with the port director in
connection with the application:
I, ----------, ---------- (Title), a duly authorized representative of
the_____________________________________________________________________
_______________________________________________________________________
(Name of United States 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 all other laws and regulations, relating to the release
and entry of merchandise will be observed and complied with in all
respects.
_______________________________________________________________________
(Signature)
(e) Timely entries required. If proper entries for consumption for
importations released under these regulations are not filed within a
reasonable time, appropriate steps shall be taken to insure the prompt
filing of such entries.
[T.D. 77-23, 42 FR 2310, Jan. 11, 1977, as amended by T.D. 87-75, 52 FR
20067, May 29, 1987]
Sec. 10.102 Duty-free entries.
(a) Invoice or declaration. No invoice or other declaration of the
shipper shall be required for shipments expressly exempt from duty as
provided in subheadings 9808.00.10, 9808.00.20, 9808.00.30, 9808.00.40,
9808.00.50, 9808.00.60, 9808.00.70, or other subheadings in the
Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202)
providing for free entry. However, the importing Government agency or
office shall present any invoice, memorandum invoice, or bill pertaining
to the merchandise in its possession or available to it, or, if no such
invoice or bill is available, a pro forma invoice prepared in accordance
with Sec. 141.85 of this chapter, setting forth adequate information for
examination and determination of the dutiable status of the merchandise.
In addition, the port director shall only admit articles free of duty
under subheadings 9808.00.30, 9808.00.40, 9808.00.50, HTSUS (19 U.S.C.
1202), upon the receipt of a certificate executed in the manner and form
described in paragraph (b) of this section.
(b) Certification. One of the following certificates executed by a
duly authorized officer or official of the appropriate Government agency
or office is required for free entry of articles under subheadings
9808.00.30, 9808.00.40, or 9808.00.50, HTSUS (19 U.S.C. 1202). The
certificates may be printed, stamped, or typewritten on the Customs
entry or withdrawal form, Customs Form 7501, or on a separate paper
attached to the entry or withdrawal form filed by the Government agency
or office, provided the certification is clearly and unmistakably
identified with the articles covered by the entry or withdrawal.
(1) Articles for military departments, subheading 9808.00.30, HTSUS.
I certify that the procurement of this material constituted an emergency
purchase of war material abroad by the Department of the (name of
military department), and it is accordingly requested that such material
be admitted free of duty pursuant to subheading 9808.00.30, HTSUS.
_______________________________________________________________________
(Name)
_______________________________________________________________________
(Title), who has been designated to execute free-entry certificates for
the above-named department.
_______________________________________________________________________
(Grade or Rank) (Organization)
(2) Articles for the Defense Logistics Agency, subheading
9808.00.40, HTSUS. Pursuant to subheading 9808.00.40, HTSUS, I hereby
certify that the above-described materials are strategic and critical
materials procured under the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98e).
_______________________________________________________________________
(Name)
_______________________________________________________________________
(Title), Defense Logistics Agency, who has been duly authorized to
execute the above certificate.
[[Page 133]]
(3) Articles for the Department of Energy, subheading 9808.00.50,
HTSUS. I certify to the Secretary of the Treasury that the above-
described materials are source materials purchased abroad, the
admittance of which is necessary in the interest of the common defense
and security, in accordance with subheading 9808.00.50, HTSUS.
_______________________________________________________________________
(Name)
_______________________________________________________________________
(Title), who has been authorized to execute free-entry certificates for
the Department of Energy.
(c) Release of shipments. Shipments for which free entry has been or
will be claimed under subheading 9808.00.30, 9808.00.40, 9808.00.50,
HTSUS (19 U.S.C. 1202), shall be released after only such examination as
is necessary to identify them.
(d) Entry in Government name. All materials for which free entry is
claimed under subheading 9808.00.30, 9808.00.40, 9808.00.50, HTSUS (19
U.S.C. 1202), shall be entered, or withdrawn from warehouse, for
consumption in the name of the Government department whose
representative executes the certificate set forth in Sec. 10.102(b)
unless exemption from this requirement is specifically authorized by the
port director.
[T.D. 77-23, 42 FR 2311, Jan. 11, 1977, as amended by T.D. 85-123, 50 FR
29953, July 23, 1985; T.D. 89-1, 53 FR 51251, Dec. 21, 1988; T.D. 93-44,
58 FR 34523, June 28, 1993; T.D 95-81, 60 FR 52295, Oct. 6, 1995]
Sec. 10.103 American goods returned.
(a) Certificate required. Articles entered, or withdrawn from
warehouse, for consumption in the name of an agency or office of the
United States Government (with the exception of military scrap belonging
to the Department of Defense) may be admitted free of duty under
subheading 9801.00.10, Harmonized Tariff Schedule of the United States
(HTSUS) (19 U.S.C. 1202), upon the filing of a certificate on the
letterhead of the agency or office in the following form in lieu of
other entry documentation:
I hereby certify:
1. That the following articles imported in the --------------------
---- (Name of Carrier) at the port of ------------------------ (Port) on
-------------- (Date) consist of returned products which are the growth,
produce, or manufacture of the United States, and have been returned to
the United States without having been advanced in value or improved in
condition by any process of manufacture or other means, and that no
drawback has been or will be claimed on such articles, and that the
articles currently belonging to and are for the further use of --------
---------------- (Agency or Office)
------------------------------------------------------------------------
General description of
Number of containers Bill of lading No.\1\ articles
------------------------------------------------------------------------
------------------------------------------------------------------------
\1\ If shipment arrives in the United States on a commercial carrier.
2. That the shipment does not contain military scrap.
3. That the shipment is entitled to entry under subheading
9801.00.10, Harmonized Tariff Schedule of the United States (HTSUS) free
of duty.
4. That I am a military installation transportation officer having
knowledge of the facts involved in this certificate.
or
I am an officer or official authorized by ---------------- (Agency
or Office) (Whichever is applicable) to execute this certificate.
_______________________________________________________________________
(Name)
_______________________________________________________________________
(Rank and branch of service or Agency or Office)
(b) Combined certificate when articles are intermingled. When
articles claimed to be free under subheading 9801.00.10 and other
articles claimed to be free under subheadings 9808.00.30, 9808.00.40,
9808.00.50, HTSUS (19 U.S.C. 1202), are intermingled in a single
shipment in a manner which precludes separation for the purpose of
making claims for free entry under the separate categories, all the
articles may be covered by a combined certificate which follows the
requirements of Sec. 10.102(b) and paragraph (a) of this section.
(c) Execution of certificate. The certificate required by paragraph
(a) of this section may be executed by any military installation
transportation officer having knowledge of the facts or by any other
officer or official specifically designated or authorized to execute
[[Page 134]]
such certificates by the importing Government agency or office. If the
merchandise arrived on a commercial carrier, the entry shall be
supported by evidence of the right to make it.
[T.D. 77-23, 42 FR 2311, Jan. 11, 1977, as amended by T.D. 89-1, 53 FR
51251, Dec. 21, 1988]
Sec. 10.104 Temporary importation entries for United States Government agencies.
The entry of articles brought into the United States temporarily by
an agency or office of the United States Government and claimed to be
exempt from duty under Chapter 98, Subchapter XIII, Heading 9813,
Harmonized Tariff Schedule of the United States (HTSUS), shall be made
on Customs Form 7501. No bond shall be required if the agency or office
files a stipulation in the form set forth in Sec. 141.102(d) of this
chapter. In those cases in which the provisions of Chapter 98,
Subchapter XIII, HTSUS (19 U.S.C. 1202), are not met, however, the port
director will proceed as if a bond had been filed to cover the
particular importation. Articles temporarily imported by a Government
agency or office under this section are entitled to immediate delivery
under the procedures set forth in Sec. 10.101.
[T.D. 77-23, 42 FR 2311, Jan. 11, 1977, as amended by T.D. 89-1, 53 FR
51251, Dec. 21, 1988]
Wheat
Sec. 10.106 [Reserved]
Rescue and Relief Work
Sec. 10.107 Equipment and supplies; admission.
(a) There shall be admitted without entry and without the payment of
duty or any tax imposed upon or by reason of importation of any article
described in section 322(b), Tariff Act of 1930, as amended, subject to
compliance with the following conditions:
(1) Before importation or as soon thereafter as possible, and in
every case before the expiration of 10 days after importation, a report
shall be made to the nearest Customs officer by the person in charge of
sending the article from the foreign country, or by the person for whose
account it was brought into the United States, stating the character,
quantity, destination, and use to be made of the article.
(2) If practicable, the article shall be exported under Customs
supervision. In any other case a report shall be made by the person in
charge of the exportation as soon as possible after exportation to the
Customs officer to whom the arrival was reported, stating the character,
quantity, and circumstances of the exportation.
(b) In the case of each article admitted under paragraph (a) of this
section, the port director shall satisfy himself as to whether the
article was exported within a reasonable time, or that it has been
properly expended or destroyed. If an article is so far destroyed, in
connection with a use contemplated for it by section 322 (b) that it has
only a salvage value, it shall not be required to be exported.
(c) Any article admitted under paragraph (a) of this section which
is used in the United States otherwise than for a purpose contemplated
for it by section 322(b), or which is not exported within 90 days after
its arrival in the United States, or within such longer time as may be
specially authorized by the port director or Headquarters, U.S. Customs
Service, shall be seized and forfeited to the United States.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 89-1, 53 FR 51252, Dec.
21, 1988]
Products Exported Under Lease and Reimported
Sec. 10.108 Entry of reimported articles exported under lease.
Free entry shall be accorded under subheading 9801.00.20, Harmonized
Tariff Schedule of the United States (HTSUS), whenever it is established
to the satisfaction of the port director that the article for which free
entry is claimed was duty paid on a previous importation or was
previously entered free of duty pursuant to the Caribbean Basin Economic
Recovery Act or Title V of the Trade Act of 1974, is being reimported
without having been advanced in value or improved in condition by any
process of manufacture or other means, was exported from the United
States under a lease or similar
[[Page 135]]
use agreement, and is being reimported by or for the account of the
person who imported it into, and exported it from, the United States.
[T.D. 94-40, 59 FR 17474, Apr. 13, 1994]
Strategic Materials Obtained by Barter or Exchange
Sec. 10.110 [Reserved]
Late Filing of Free Entry and Reduced Duty Documents
Sec. 10.112 Filing free entry documents or reduced duty documents after entry.
Whenever a free entry or a reduced duty document, form, or statement
required to be filed in connection with the entry is not filed at the
time of the entry or within the period for which a bond was filed for
its production, but failure to file it was not due to willful negligence
or fraudulent intent, such document, form, or statement may be filed at
any time prior to liquidation of the entry or, if the entry was
liquidated, before the liquidation becomes final. See Sec. 113.43(c) of
this chapter for satisfaction of the bond and cancellation of the bond
charge.
[T.D. 74-227, 39 FR 32015, Sept. 4, 1974]
Instruments and Apparatus for Educational and Scientific Institutions
Sec. 10.114 General provisions.
The consolidated regulations of the Commerce and Treasury
Departments relating to the entry of instruments and apparatus for
educational and scientific institutions are contained in 15 CFR part
301.
[T.D. 82-224, 47 FR 53727, Nov. 29, 1982]
Secs. 10.115--10.119 [Reserved]
Visual or Auditory Materials
Sec. 10.121 Visual or auditory materials of an educational, scientific, or cultural character.
(a) Where photographic film and other articles described in
subheading 9817.00.40, Harmonized Tariff Schedule of the United States
(HTSUS), are claimed to be free of duty under subheading 9817.00.40,
HTSUS, there shall be filed in connection with the entry covering such
articles a document issued by the U.S. Information Agency certifying
that it has determined that the articles are visual or auditory
materials of an educational, scientific, or cultural character within
the meaning of the Agreement for Facilitating the International
Circulation of Visual and Auditory Materials of an Educational,
Scientific, and Cultural Character as required by U.S. Note 1,
Subchapter XVII, chapter 98, HTSUS.
(b) Articles entered under subheading 9817.00.40, Harmonized Tariff
Schedule of the United States (HTSUS), shall be released from Customs
custody prior to submission of the document required in paragraph (a) of
this section only upon the deposit of estimated duties with the port
director. Liquidation of an entry covering merchandise which has been
released under this procedure shall be suspended for a period of 90 days
from the date of entry or until the required document is submitted,
whichever occurs first. In the event that the director of the port of
entry does not receive the required document within the 90-day period,
the merchandise shall be immediately classified and liquidated in the
ordinary course, without regard to subheading 9817.00.40, HTSUS.
[T.D. 67-185, 32 FR 11641, Aug. 11, 1967, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988; T.D. 90-78, 55 FR 40166, Oct. 2, 1990]
Rate of Duty Dependent Upon Actual Use
Sec. 10.131 Circumstances in which applicable.
The provisions of Secs. 10.131 through 10.139 are applicable in
those circumstances in which the rate of duty applicable to merchandise
is dependent upon actual use, unless there is a specific provision in
this part which governs the treatment of the merchandise. However,
specific marking or certification requirements, such as those for
bolting cloths in section 10.58, may be applicable to merchandise
subject to the provisions of sections 10.131-10.139.
[T.D. 71-139, 36 FR 10726, June 2, 1971, as amended by T.D. 86-118, 51
FR 22515, June 20, 1986]
[[Page 136]]
Sec. 10.132 [Reserved]
Sec. 10.133 Conditions required to be met.
When the tariff classification of any article is controlled by its
actual use in the United States, three conditions must be met in order
to qualify for free entry or a lower rate of duty unless the language of
the particular subheading of the Harmonized Tariff Schedule of the
United States applicable to the merchandise specifies other conditions.
The conditions are that:
(a) Such use is intended at the time of importation.
(b) The article is so used.
(c) Proof of use is furnished within 3 years after the date the
article is entered or withdrawn from warehouse for consumption.
[T.D. 71-139, 36 FR 10726, June 2, 1971, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988]
Sec. 10.134 Declaration of intent.
A showing of intent by the importer as to the actual use of imported
merchandise shall be made by filing with the entry for consumption or
for warehouse a declaration as to the intended use of the merchandise,
or by entering the proper subheading of an actual use provision of the
Harmonized Tariff Schedule of the United States (HTSUS) and the reduced
or free rate of duty on the entry form. Entry made under an actual use
provision of the HTSUS may be construed as a declaration that the
merchandise is entered to be used for the purpose stated in the HTSUS,
provided the port director is satisfied the merchandise will be so used.
However, the port director shall require a written declaration to be
filed if he is not satisfied that merchandise entered under an actual
use provision will be used for the purposes stated in the HTSUS.
[T.D. 71-139, 36 FR 10726, June 2, 1971, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988]
Sec. 10.135 Deposit of duties.
When the requirement of Sec. 10.134 has been met the merchandise may
be entered or withdrawn from warehouse for consumption without deposit
of duty when proof of use will result in free entry, or with deposit of
duty at the lower rate when proof of use will result in a lower rate of
duty.
[T.D. 71-139, 36 FR 10726, June 2, 1971, as amended by T.D. 84-213, 49
FR 41166, Oct. 19, 1984]
Sec. 10.136 Suspension of liquidation.
Liquidation of an entry covering merchandise for which a declaration
of intent has been made pursuant to Sec. 10.134 and any required deposit
of duties made, shall be suspended until proof of use is furnished or
the 3-year period allowed for production thereof has expired.
[T.D. 71-139, 36 FR 10726, June 2, 1971]
Sec. 10.137 Records of use.
(a) Maintenance by importer. The importer shall maintain accurate
and detailed records showing the use or other disposition of the
imported merchandise. The burden shall be on the importer to keep
records so that the claim of actual use can be readily established.
(b) Retention of records. The importer shall retain records of use
or disposition for a period of 3 years from the date of liquidation of
the entry.
(c) Examination of records. The rec- ords required to be kept by
paragraph (a) of this section shall be available at all times for
examination and inspection by an authorized Customs officer.
[T.D. 71-139, 36 FR 10726, June 2, 1971]
Sec. 10.138 Proof of use.
Within 3 years from the date of entry or withdrawal from warehouse
for consumption, the importer shall submit in duplicate in support of
his claim for free entry or for a reduced rate of duty a certificate
executed by (1) the superintendent or manager of the manufacturing
plant, or (2) the individual end-user or other person having knowledge
of the actual use of the imported article. The certificate shall include
a description of the processing in sufficient detail to show that the
use contemplated by the law has actually taken place. A blanket
certificate covering all purchases of a given type of merchandise from a
particular importer during a given period, or all
[[Page 137]]
such purchases with specified exceptions, may be accepted for this
purpose, provided the importer shall furnish a statement showing in
detail, in such manner as to be readily identified with each entry, the
merchandise which he sold to such manufacturer or end-user during such
period.
[T.D. 71-139, 36 FR 10727, June 2, 1971]
Sec. 10.139 Liquidation.
(a) In general. Upon satisfactory proof of timely use of the
merchandise for the purpose specified by law, the entry shall be
liquidated free of duty or at the lower rate of duty specified by law.
When such proof is not filed within 3 years from the date of entry or
withdrawal from warehouse for consumption, the entry shall be liquidated
dutiable under the appropriate subheading of the Harmonized Tariff
Schedule of the United States.
(b) Exception for blackstrap molasses. An entry covering blackstrap
molasses, as hereinafter defined, may be accepted and liquidated with
duty at the lower rate after the filing of the declaration of intent
required by Sec. 10.134 and the deposit of estimated duties required by
Sec. 10.135 without compliance with Secs. 10.136, 10.137, and 10.138.
Blackstrap molasses is ``final'' molasses practically free from sugar
crystals, containing not over 58 percent total sugars and having a ratio
of
total sugars x 100/Brix
not in excess of 71. In the event of doubt, an ash determination may be
made. An ash content of not less than 7 percent indicates a blackstrap
molasses within the meaning of this paragraph.
[T.D. 71-139, 36 FR 10727, June 2, 1971, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988]
Importations Not Over $200 And Bona Fide Gifts
Sec. 10.151 Importations not over $200.
Subject to the conditions in Sec. 10.153 of this part, the port
director shall pass free of duty and tax any shipment of merchandise, as
defined in Sec. 101.1 of this chapter, imported by one person on one day
having a fair retail value, as evidenced by an oral declaration or the
bill of lading (or other document filed as the entry) or manifest
listing each bill of lading, in the country of shipment not exceeding
$200, unless he has reason to believe that the shipment is one of
several lots covered by a single order or contract and that it was sent
separately for the express purpose of securing free entry therefor or of
avoiding compliance with any pertinent law or regulation. Merchandise
subject to this exemption shall be entered under the informal entry
procedures (see subpart C, part 143, and Secs. 128.24, 145.31, 148.12,
and 148.62, of this chapter).
[T.D. 94-51, 59 FR 30293, June 13, 1994, as amended by T.D. 95-31, 60 FR
18990, Apr. 14, 1995; T.D. 95-31, 60 FR 37875, July 24, 1995; T.D. 97-
82, 62 FR 51769, Oct. 3, 1997]
Sec. 10.152 Bona-fide gifts.
Subject to the conditions in Sec. 10.153 of this part, the port
director shall pass free of duty and tax any article sent as a bona-fide
gift from a person in a foreign country to a person in the United
States, provided that the aggregate fair retail value in the country of
shipment of such articles received by one person on one day does not
exceed $100 or, in the case of articles sent from a person in the Virgin
Islands, Guam, and American Samoa, $200. Articles subject to this
exemption shall be entered under the informal entry procedures (see
subpart C, part 143, and Secs. 145.32, 148.12, 148.51, and 148.64, of
this chapter). An article is ``sent'' for purposes of this section if it
is conveyed in any manner other than on the person or in the accompanied
or unaccompanied baggage of the donor or donee.
[T.D. 94-51, 59 FR 30293, June 13, 1994]
Sec. 10.153 Conditions for exemption.
Customs officers shall be further guided as follows in determining
whether an article or parcel shall be exempted from duty and tax under
Sec. 10.151 or Sec. 10.152:
(a) A ``bona fide gift'' for purposes of Sec. 10.152 is an article
formerly owned by a donor (may be a commercial firm) who gave it
outright in its entirety to a donee without compensation or promise of
compensation. It does not
[[Page 138]]
include articles acquired by purchase, barter, promissory exchange, or
similar transaction, nor does it include articles said to be ``given''
in conjunction with a purchase, barter, promissory exchange, or similar
transaction, such as a so-called bonus article.
(b) A parcel addressed to a person in the United States from an
individual in a foreign country which contains a gift should be clearly
marked on the outside to indicate that it contains a gift. Such marking
is not conclusive evidence of a gift nor is the absence of such marking
conclusive evidence that an article is not a gift. Ordinarily an article
not exceeding $100 in fair retail value in the country of shipment sent
from a person in a foreign country to a person in the United States
($200, in the case of an article sent from a person in the Virgin
Islands, Guam, and American Samoa) will be recognizable as a gift from
the nature of the article and obvious facts surrounding the shipment.
(c) A parcel addressed to a person in the United States from a
business firm in a foreign country would ordinarily not contain a gift
from a donor in the foreign country. When such a parcel in fact contains
an article entitled to free entry under Sec. 10.152, the parcel should
be clearly marked to indicate that it contains such a gift and a
statement to this effect should be enclosed in the parcel.
(d) Consolidated shipments addressed to one consignee shall be
treated for purposes of Secs. 10.151 and 10.152 as one importation. The
foregoing shall not apply to shipments of bona fide gifts consolidated
abroad for shipment to the United States when:
(1) The consolidation for shipment to the United States is in a
cargo van or similar containerization which is consigned to a common
carrier, freight forwarder, freight handler, or other public service
agency for distribution of the gift packages;
(2) The separate gifts not exceeding $100 in fair retail value in
the country of shipment ($200, in the case of articles sent from persons
in the Virgin Islands, Guam, and American Samoa) included in the
consolidated shipment are before shipment individually wrapped and
addressed to the donee in the United States;
(3) Each gift package is marked on the outside to indicate that it
contains a gift not exceeding $100 in fair retail value in the country
of shipment ($200, in the case of packages sent from persons in the
Virgin Islands, Guam, and American Samoa); and
(4) Each gift package is separately listed in the name of the
addressee-donee on a packing list, manifest, bill of lading, or other
shipping document.
(e) No alcoholic beverage, perfume containing alcohol (except where
the aggregate fair retail value in the country of shipment of all
merchandise contained in the shipment does not exceed $5), cigars, or
cigarettes shall be exempted from the payment of duty and tax under
Sec. 10.151 or Sec. 10.152.
(f) The exemptions provided for in Sec. 10.151 or Sec. 10.152 are
not to be allowed in respect of any shipment containing one or more
gifts having an aggregate fair retail value in the country of shipment
in excess of $100 ($200, in the case of articles sent from persons in
the Virgin Islands, Guam, and American Samoa), except as indicated in
paragraph (d) of this section. For example, an article ordinarily
subject to an ad valorem rate of duty but sent as a gift, if the fair
retail value exceeds the $100 (or $200) exemption, would be subject to a
duty based upon its value under the provisions of section 402 or 402(a),
Tariff Act of 1930, as amended (19 U.S.C. 1401a or 1402), even though
the dutiable value is less than the $100 (or $200) exemption.
(g) The exemption referred to in Sec. 10.151 is not to be allowed in
the case of any merchandise of a class or kind provided for in any
absolute or tariff-rate quota, whether the quota is open or closed. In
the case of merchandise of a class or kind provided for in a tariff-rate
quota, the merchandise is subject to the rate of duty in effect on the
date of entry.
[T.D. 73-175, 38 FR 17445, July 2, 1973, as amended by T.D. 75-185, 40
FR 31753, July 29, 1975; T.D. 78-394, 43 FR 49787, Oct. 25, 1978; T.D.
85-123, 50 FR 29953, July 23, 1985; T.D. 94-51, 59 FR 30293, June 13,
1994]
[[Page 139]]
Generalized System of Preferences
Sec. 10.171 General.
(a) Statutory authority. Title V of the Trade Act of 1974 as amended
(19 U.S.C. 2461-2465) authorizes the President to establish a
Generalized System of Preferences (GSP) to provide duty-free treatment
for eligible articles imported directly from designated beneficiary
developing countries. Beneficiary developing countries and articles
eligible for duty-free treatment are designated by the President by
Executive order in accordance with sections 502(a)(1) and 503(a) of the
Trade Act of 1974 as amended (19 U.S.C. 2462(a)(1), 2463(a)).
(b) Country defined. For purposes of Secs. 10.171 through 10.178,
except as otherwise provided in Sec. 10.176(a), the term ``country''
means any foreign country, any overseas dependent territory or
possession of a foreign country, or the Trust Territory of the Pacific
Islands. In the case of an association of countries which is a free
trade area or customs union or which is contributing to comprehensive
regional economic integration among its members through appropriate
means, including but not limited to, the reduction of duties, the
President may by Executive order provide that all members of such
association other than members which are barred from designation under
section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) shall be
treated as one country for purposes of Secs. 10.171 through 10.178.
[T.D. 76-2, 40 FR 60047, Dec. 31, 1975, as amended by T.D. 80-271, 45 FR
75641, Nov. 17, 1980]
Sec. 10.172 Claim for exemption from duty under the Generalized System of Preferences.
A claim for an exemption from duty on the ground that the
Generalized System of Preferences applies shall be allowed by the port
director only if he is satisfied that the requirements set forth in this
section and Secs. 10.173 through 10.178 have been met. If duty-free
treatment is claimed at the time of entry, a written claim shall be
filed on the entry document by placing the symbol ``A'' as a prefix to
the subheading of the Harmonized Tariff Schedule of the United States
for each article for which such treatment is claimed.
[T.D. 76-2, 40 FR 60048, Dec. 31, 1975, as amended by T.D. 77-36, 42 FR
5041, Jan. 27, 1977; T.D. 89-1, 53 FR 51252, Dec. 21, 1988; T.D. 94-47,
59 FR 25569, May 17, 1994; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
Sec. 10.173 Evidence of country of origin.
(a) Shipments covered by a formal entry--(1) Merchandise not wholly
the growth, product, or manufacture of a beneficiary developing country.
(i) Declaration. In a case involving merchandise covered by a formal
entry which is not wholly the growth, product, or manufacture of a
single beneficiary developing country, the exporter of the merchandise
or other appropriate party having knowledge of the relevant facts shall
be prepared to submit directly to the port director, upon request, a
declaration setting forth all pertinent detailed information concerning
the production or manufacture of the merchandise. When requested by the
port director, the declaration shall be prepared in substantially the
following form:
GSP DECLARATION
I,____________________________________________________________________
(name), hereby declare that the articles described below were produced
or manufactured in ________________ (country) by means of processing
operations performed in that country as set forth below and were also
subjected to processing operations in the other country or countries
which are members of the same association of countries as set forth
below and incorporate materials produced in the country named above or
in any other country or countries which are members of the same
association of countries as set forth below:
[[Page 140]]
----------------------------------------------------------------------------------------------------------------
Processing operations performed Materials produced in a
on articles beneficiary developing country
--------------------------------- or members of the same
association
Description of -------------------------------
Number and date of invoices articles and Description of Description of
quantity processing Direct costs material,
operations and of processing production Cost or value
country of operations process, and of material
processing country of
production
----------------------------------------------------------------------------------------------------------------
............... ............... .............. .............. ..............
............... ............... .............. .............. ..............
............... ............... .............. .............. ..............
............... ............... .............. .............. ..............
----------------------------------------------------------------------------------------------------------------
Date____________________________________________________________________
Address_________________________________________________________________
Signature_______________________________________________________________
Title___________________________________________________________________
(ii) Retention of records and submission of declaration. The
information necessary for preparation of the declaration shall be
retained in the files of the party responsible for its preparation and
submission for a period of 5 years. In the event that the port director
requests submission of the declaration during the 5-year period, it
shall be submitted by the appropriate party directly to the port
director within 60 days of the date of the request or such additional
period as the port director may allow for good cause shown. Failure to
submit the declaration in a timely fashion will result in a denial of
duty-free treatment.
(2) Merchandise wholly the growth, product, or manufacture of a
beneficiary developing country. In a case involving merchandise covered
by a formal entry which is wholly the growth, product, or manufacture of
a single beneficiary developing country, a statement to that effect
shall be included on the commercial invoice provided to Customs.
(b) Shipments covered by an informal entry. Although the filing of
the declaration provided for in paragraph (a)(1)(i) of this section will
not be required for a shipment covered by an informal entry, the port
director may require such other evidence of country of origin as deemed
necessary.
(c) Verification of documentation. Any evidence of country of origin
submitted under this section shall be subject to such verification as
the port director deems necessary. In the event that the port director
is prevented from obtaining the necessary verification, the port
director may treat the entry as dutiable.
[T.D. 94-47, 59 FR 25569, May 17, 1994]
Sec. 10.174 Evidence of direct shipment.
(a) Documents constituting evidence of direct shipment. The port
director may require that appropriate shipping papers, invoices, or
other documents be submitted within 60 days of the date of entry as
evidence that the articles were ``imported directly'', as that term is
defined in Sec. 10.175. Any evidence of direct shipment required by the
port director shall be subject to such verification as he deems
necessary.
(b) Waiver of evidence of direct shipment. The port director may
waive the submission of evidence of direct shipment when he is otherwise
satisfied, taking into consideration the kind and value of the
merchandise, that the merchandise clearly qualifies for treatment under
the Generalized System of Preferences.
[T.D. 76-2, 40 FR 60048, Dec. 31, 1975, as amended by T.D. 77-27, 42 FR
3162, Jan. 17, 1977]
Sec. 10.175 Imported directly defined.
Eligible articles shall be imported directly from a beneficiary
developing country to qualify for treatment under the Generalized System
of Preferences. For purposes of Secs. 10.171 through 10.178 the words
``imported directly'' mean:
(a) Direct shipment from the beneficiary country to the United
States without passing through the territory of any other country; or
(b) If the shipment is from a beneficiary developing country to the
U.S. through the territory of any other
[[Page 141]]
country, the merchandise in the shipment does not enter into the
commerce of any other country while en route to the U.S., and the
invoice, bills of lading, and other shipping documents show the U.S. as
the final destination; or
(c) If shipped from the beneficiary developing country to the United
States through a free trade zone in a beneficiary developing country,
the merchandise shall not enter into the commerce of the country
maintaining the free trade zone, and
(1) The eligible articles must not undergo any operation other than:
(i) Sorting, grading, or testing,
(ii) Packing, unpacking, changes of packing, decanting or repacking
into other containers,
(iii) Affixing marks, labels, or other like distinguishing signs on
articles or their packing, if incidental to operations allowed under
this section, or
(iv) Operations necessary to ensure the preservation of merchandise
in its condition as introduced into the free trade zone.
(2) Merchandise may be purchased and resold, other than at retail,
for export within the free trade zone.
(3) For the purposes of this section, a free trade zone is a
predetermined area or region declared and secured by or under
governmental authority, where certain operations may be performed with
respect to articles, without such articles having entered into the
commerce of the country maintaining the free trade zone; or
(d) If the shipment is from any beneficiary developing country to
the U.S through the territory of any other country and the invoices and
other documents do not show the U.S as the final destination, the
articles in the shipment upon arrival in the U.S. are imported directly
only if they:
(1) Remained under the control of the customs authority of the
intermediate country;
(2) Did not enter into the commerce of the intermediate country
except for the purpose of sale other than at retail, and the port
director is satisfied that the importation results from the original
commercial transaction between the importer and the producer or the
latter's sales agent; and
(3) Were not subjected to operations other than loading and
unloading, and other activities necessary to preserve the articles in
good condition; or
(e)(1) Shipment to the U.S. from a beneficiary developing country
which is a member of an association of countries treated as one country
under section 502(a)(3), Trade Act of 1974, as amended (19 U.S.C.
2462(a)(3)), through the territory of a former beneficiary developing
country whose designation as a member of the same association for GSP
purposes was terminated by the President pursuant to section 504, Trade
Act of 1974, as amended (19 U.S.C. 2464), provided the articles in the
shipment did not enter into the commerce of the former beneficiary
developing country except for purposes of performing one or more of the
operations specified in paragraph (c)(1) of this section and except for
purposes of purchase or resale, other than at retail, for export.
(2) The designation of the following countries as members of an
association of countries for GSP purposes has been terminated by the
President pursuant to section 504 of the Trade Act of 1974 (19 U.S.C.
2464):
The Bahamas
Brunei Darussalam
Singapore
[T.D. 76-2, 40 FR 60048, Dec. 31, 1975, as amended by T.D. 83-144, 48 FR
29684, June 28, 1983; T.D. 84-237, 49 FR 47992, Dec. 7, 1984; T.D. 86-
107, 51 FR 20816, June 9, 1986; T.D. 92-6, 57 FR 2018, Jan. 17, 1992;
T.D. 94-47, 59 FR 25569, May 17, 1994; T.D. 95-30, 60 FR 18543, Apr. 12,
1995]
Sec. 10.176 Country of origin criteria.
(a) Merchandise produced in a beneficiary developing country or any
two or more countries which are members of the same association of
countries. Merchandise which is (1) the growth, product, manufacture, or
assembly of (i) a beneficiary developing country or (ii) any two or more
countries which are members of the same association of countries and (2)
imported directly from such beneficiary developing country or member
countries, may quality for duty-free entry under the Generalized System
of Preferences (``GSP''). However, duty free entry under GSP may be
accorded only if: (i) The sum of the
[[Page 142]]
cost or value of the materials produced in the beneficiary developing
country or any two or more countries which are members of the same
association of countries which is treated as one country under section
502(a)(3), Trade Act of 1974, as amended (19 U.S.C. 2462(a)(3)), plus
(ii) the direct costs of processing operations performed in such
beneficiary developing country or member countries, is not less than 35
percent of the appraised value of the article at the time of its entry
into the customs territory of the United States.
(b) [Reserved]
(c) Merchandise grown, produced, or manufactured in a beneficiary
developing country. Merchandise which is wholly the growth, product, or
manufacture of a beneficiary developing country, or an association of
countries treated as one country under section 502(a)(3) of the Trade
Act of 1974 as amended (19 U.S.C. 2462(a)(3)) and Sec. 10.171(b), and
manufactured products consisting of materials produced only in such
country or countries, shall normally be presumed to meet the
requirements set forth in this section.
[T.D. 76-2, 40 FR 60048, Dec. 31, 1975, as amended by T.D. 80-271, 45 FR
75641, Nov. 17, 1980]
Sec. 10.177 Cost or value of materials produced in the beneficiary developing country.
(a) ``Produced in the beneficiary developing country'' defined. For
purposes of Secs. 10.171 through 10.178, the words ``produced in the
beneficiary developing country'' refer to the constituent materials of
which the eligible article is composed which are either:
(1) Wholly the growth, product, or manufacture of the beneficiary
developing country; or
(2) Substantially transformed in the beneficiary developing country
into a new and different article of commerce.
(b) Questionable origin. When the origin of an article either is not
ascertainable or not satisfactorily demonstrated to the port director,
the article shall not be considered to have been produced in the
beneficiary developing country.
(c) Determination of cost or value of materials produced in the
beneficiary developing country. (1) The cost or value of materials
produced in the beneficiary developing country includes:
(i) The manufacturer's actual cost for the materials;
(ii) When not included in the manufacturer's actual cost for the
materials, the freight, insurance, packing, and all other costs incurred
in transporting the materials to the manufacturer's plant;
(iii) The actual cost of waste or spoilage (material list), less the
value of recoverable scrap; and
(iv) Taxes and/or duties imposed on the materials by the beneficiary
developing country, or an association of countries treated as one
country, provided they are not remitted upon exportation.
(2) Where the material is provided to the manufacturer without
charge, or at less than fair market value, its cost or value shall be
determined by computing the sum of:
(i) All expenses incurred in the growth, production, manufacture or
assembly of the material, including general expenses;
(ii) An amount for profit; and
(iii) Freight, insurance, packing, and all other costs incurred in
transporting the materials to the manufacturer's plant.
If the pertinent information needed to compute the cost or value of the
materials is not available, the appraising officer may ascertain or
estimate the value thereof using all reasonable ways and means at his
disposal.
[T.D. 76-2, 40 FR 60049, Dec. 31, 1975, as amended by T.D. 86-118, 51 FR
22515, June 20, 1986]
Sec. 10.178 Direct costs of processing operations performed in the beneficiary developing country.
(a) Items included in the direct costs of processing operations. As
used in Sec. 10.176, the words ``direct costs of processing operations''
means those costs either directly incurred in, or which can be
reasonably allocated to, the growth, production, manufacture, or
assembly of the specific merchandise under consideration. Such costs
include, but are not limited to:
(1) All actual labor costs involved in the growth, production,
manufacture,
[[Page 143]]
or assembly of the specific merchandise, including fringe benefits, on-
the-job training, and the cost of engineering, supervisory, quality
control, and similar personnel;
(2) Dies, molds, tooling, and depreciation on machinery and
equipment which are allocable to the specific merchandise;
(3) Research, development, design, engineering, and blueprint costs
insofar as they are allocable to the specific merchandise; and
(4) Costs of inspecting and testing the specific merchandise.
(b) Items not included in the direct costs of processing operations.
Those items which are not included within the meaning of the words
``direct costs of processing operations'' are those which are not
directly attributable to the merchandise under consideration or are not
``costs'' of manufacturing the product. These include, but are not
limited to:
(1) Profit; and
(2) General expenses of doing business which are either not
allocable to the specific merchandise or are not related to the growth,
production, manufacture, or assembly of the merchandise, such as
administrative salaries, casualty and liability insurance, advertising,
and salesmen's salaries, commissions, or expenses.
[T.D. 76-2, 40 FR 60049, Dec. 31, 1975]
Canadian Crude Petroleum
Sec. 10.179 Canadian crude petroleum subject to a commercial exchange agreement between United States and Canadian refiners.
(a) Crude petroleum (as defined in Chapter 27, Additional U.S. Note
1, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202))
produced in Canada may be admitted free of duty if the entry is
accompanied by a certificate from the importer establishing that:
(1) The petroleum is imported pursuant to a commercial exchange
agreement between United States and Canadian refiners which has been
approved by the Secretary of Energy;
(2) An equivalent amount of domestic or duty-paid foreign crude
petroleum on which the importer has executed a written waiver of
drawback, has been exported to Canada pursuant to the export license and
previously has not been used to effect the duty-free entry of like
Canadian products; and,
(3) An export license has been issued by the Secretary of Commerce
for the petroleum which has been exported to Canada.
(b) The provisions of this section may be applied to:
(1) Liquidated or reliquidated entries if the required certification
is filed with the director of the port where the original entry was made
on or before the 180th day after the date of entry; and
(2) Articles entered, or withdrawn from warehouse, for consumption,
pursuant to a commercial exchange agreement.
(c) Verification of the quantities of crude petroleum exported to or
imported from Canada under such a commercial exchange agreement shall be
made in accordance with import verification provided in Part 151,
Subpart C, Customs Regulations (19 CFR part 151, subpart C).
[T.D. 81-292, 46 FR 58069, Nov. 30, 1981, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988; T.D. 91-82, 56 FR 49845, Oct. 2, 1991]
Certain Fresh, Chilled, or Frozen Beef
Sec. 10.180 Certification.
(a) The foreign official's meat-inspection certificate required by
U.S. Department of Agriculture regulations (9 CFR 327.4) shall be
modified to include the certification below when fresh, chilled, or
frozen beef is to be entered under the provisions of subheadings
0201.20.10, 0201.30.02, 0202.20.02, 0202.20.10, Harmonized Tariff
Schedule of the United States (HTSUS). The certification shall be made,
prior to exportation of the beef, by an official of the government of
the exporting country and filed with Customs with the entry summary or
with the entry when the entry summary is filed at the time of entry. The
requirements of this section shall be in addition to those requirements
contained in 9 CFR 327.4. Appropriate officials of the exporting country
should consult with the U.S. Department of Agriculture as to the beef
[[Page 144]]
grades or standards within their country that satisfy the certification
requirement. Exporters or importers of beef to be entered under the
provisions of subheadings 0201.20.10, 0201.30.02, 0202.20.02,
0202.20.10, HTSUS, should consult with the U.S. Department of
Agriculture prior to exportation in order to insure that the beef will
satisfy the certification requirements. This certification is relevant
only to U.S. Customs tariff classification and is not applicable to
marketing of beef under U.S. Department of Agriculture grading
standards, a matter within U.S. Department of Agriculture's
jurisdiction.
Certification
I hereby certify to the best of my knowledge and belief that the
herein described fresh, chilled, or frozen beef, meets the
specifications prescribed in regulations issued by the U.S. Department
of Agriculture (7 CFR 2853.106 (a) and (b)).
(b) Appropriate officials of the following countries have agreed
with the U.S. Department of Agriculture as to the grades or standards
for fresh, chilled, or frozen beef within their respective countries
which will satisfy the certification requirements of paragraph (a) of
this section: Canada.
[T.D. 82-8, 47 FR 945, Jan. 8, 1982, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988; T.D. 97-82, 62 FR 51769, Oct. 3, 1997]
Watches and Watch Movements From U.S. Insular Possessions
Secs. 10.181--10.182 [Reserved]
Civil Aircraft
Sec. 10.183 Civil aircraft, flight simulators, parts for civil aircraft, and parts for flight simulators.
(a) Definition. ``Civil aircraft'', when used in this section, means
all aircraft other than aircraft purchased for use by the Department of
Defense or the United States Coast Guard.
(b) Admission free of duty. Civil aircraft parts for civil aircraft
certified for use in accordance with the provisions of General Note
3(c)(iv), Harmonized Tariff Schedule of the United States (HTSUS) (19
U.S.C. 1202), flight simulators, and parts for flight simulators, may be
admitted free of duty upon compliance with the provisions of this
section.
(c) Documentation--(1) Generally. Each entry summary for civil
aircraft, flight simulators, civil aircraft parts, or flight simulator
parts shall be filed with a copy of the written order, contract, or any
additional documentation Customs shall require, to verify the claim for
admission free of duty unless the port director is satisfied that the
documents will be available for inspection for five years from the time
of entry, as provided by part 162 of this chapter. ``Time of entry'' is
defined in Sec. 141.68 of this chapter. Proof of end use of the civil
aircraft, flight simulators, civil aircraft parts, or flight simulator
parts need not be furnished. If the port director determines that
documentation necessary to verify the claim for entry free of duty is
not available at the time of filing the entry summary, the importer may
enter the civil aircraft, flight simulator, civil aircraft part, or
flight simulator part and post a bond for the missing document in
accordance with Secs. 141.66 and 141.91 of this chapter. The fact that a
civil aircraft, flight simulator, civil aircraft part, or flight
simulator part has previously been exported with benefit of drawback
does not preclude free entry under this section and Chapter 88, HTSUS.
(2) Civil aircraft parts. At the time of filing the entry summary,
the importer of civil aircraft parts shall submit a certificate in
substantially the form described in paragraph (d)(1) of this section. As
an alternative, an importer who expects to file more than one entry for
civil aircraft parts during any 12 month period may submit a blanket
certification in substantially the form described in paragraph (d)(2) of
this section with the director of each port where civil aircraft parts
are to be entered under the provisions of General Note 3(c)(iv), HTSUS.
Upon approval by the port director, the blanket certification shall be
valid for a period of one year from the date of approval. The blanket
certification may be renewed for additional one year periods upon
written request to each concerned port director. The certification may
not be treated as a missing document for which a bond may be posted.
Failure to provide the certification at the time of
[[Page 145]]
filing the entry summary or to have an approved blanket certification on
file with the director of the port where the entry summary is filed
shall result in a dutiable entry.
(d) Certification--(1) Entry-by-entry certification. If the
certification is to be filed with each entry summary, it shall be
substantially in the following form and may be stamped, typed, or
printed on the entry summary or submitted as a separate document:
ENTRY-BY-ENTRY CERTIFICATION FOR CIVIL AIRCRAFT PARTS
I certify that:
(1) The aircraft part(s) specifically identified in the entry
summary has (have) been imported for use in civil aircraft and, to the
best of my knowledge and belief, will be so used.
(2) (Check the appropriate box(es))
[ ] (a) The article(s) specifically identified in the entry summary
has (have) been approved for use in civil aircraft by the Administrator
of the Federal Aviation Administration (``FAA'').
Approved part number(s) may be shown here or reference the
appropriate attached invoice(s) ----------.
[ ] (b) The article(s) specifically identified in the entry summary
has (have) been approved for use in civil aircraft by ----------, the
airworthiness authority in the country of exportation. This approval is
recognized by the FAA as an acceptable substitute for FAA approval.
Approved part number(s) may be shown here or reference the
appropriate attached invoice(s) ----------.
[ ] (c) An application for approval for use in civil aircraft for
the article(s) specifically identified in the entry summary has been
submitted to, and accepted by, the Administrator of the FAA.
_______________________________________________________________________
Importer's Signature and Date
(2) Blanket certification. The certification may be in the form of a
blanket certification which shall be valid for a period of one year from
the date of approval by the director of the port where the civil
aircraft parts will be entered. The blanket certification may be renewed
for additional one-year periods upon written request to each concerned
port director. If a blanket certification is used it shall be
substantially in the following form.
BLANKET CERTIFICATION FOR CIVIL AIRCRAFT PARTS
I, ------------------------------------------,
Importer's name, address, IRS number
certify that the use by me or my authorized agent on an entry summary,
or other entry documentation, of a HTSUS subheading number for civil
aircraft parts, the subheading number description of which requires
certification for use in civil aircraft, means that the articles
identified on the entry summary or entry documentation are imported for
use in civil aircraft within the meaning of Chapter 88, HTSUS, and
section 10.183, Customs Regulations (19 CFR 10.183), that the articles
will be so used and that the articles have been approved for such use by
the Administrator of the Federal Aviation Administration (FAA) or by the
airworthiness authority in the country of exportation, if such approval
is recognized by the FAA as an acceptable substitute for FAA
certification, or that an application for approval for such use has been
submitted to, and accepted by, the Administrator of the FAA.
I agree (1) that documentation will be maintained to support the
above certification, and (2) to inform the port director of any change
which would affect the validity of this certification.
I understand that this certification will be valid for a period of
one year from the date of approval by the port director and will cover
entries made only at the port where filed.
Signature_______________________________________________________________
Title___________________________________________________________________
Port Director___________________________________________________________
Approval date___________________________________________________________
(e) Verification. The port director shall monitor and periodically
audit selected entries made under this section.
[T.D. 84-109, 49 FR 19450, May 8, 1984, as amended by T.D. 85-123, 50 FR
29953, July 23, 1985; T.D. 89-1, 53 FR 51252, Dec. 21, 1988]
Caribbean Basin Initiative
Authority: Sections 10.191 through 10.198 issued under R.S. 251, as
amended, secs. 623, 624, 46 Stat. 759, 211 et seq., Gen. Hdnt. 11, sec.
101, 76 Stat. 72 et seq., sec. 503(b), 88 Stat. 2069, 97 Stat. 384 et
seq. (19 U.S.C. 66, 1202, 1623, 1624, 2463(b), 2701 et seq.))
Source: Sections 10.191 through 10.197 issued by T.D. 84-237, 49 FR
47993, Dec. 7, 1984, unless otherwise noted.
Sec. 10.191 General.
(a) Statutory authority. Subtitle A, Title II, Pub. L. 98-67,
entitled the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701-2706)
and referred to as the Caribbean Basin Initiative (CBI), authorizes the
President to proclaim
[[Page 146]]
duty-free treatment for all eligible articles from any beneficiary
country.
(b) Definitions--(1) Beneficiary country. For purposes of
Sec. 10.191 through Sec. 10.198 and except as otherwise provided in
Sec. 10.195(b), the term ``beneficiary country'' means any country or
territory or successor political entity with respect to which there is
in effect a proclamation by the President designating such country,
territory or successor political entity as a beneficiary country in
accordance with section 212(a)(1)(A) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(a)(1)(A)).
(2) Eligible articles. Except as provided herein, for purposes of
Sec. 10.191(a), the term ``eligible articles'' means any merchandise
which is imported directly from a beneficiary country as provided in
Sec. 10.193 and which meets the country of origin criteria set forth in
Sec. 10.195. The following merchandise shall not be considered eligible
articles entitled to duty-free treatment under the CBI.
(i) Textile and apparel articles which are subject to textile
agreements.
(ii) Footwear, handbags, luggage, flat goods, work gloves, and
leather wearing apparel not designated on August 5, 1983, as eligible
articles for the purpose of the Generalized System of Preferences under
Title V, Trade Act of 1974, as amended (19 U.S.C. 2461 through 2465).
(iii) Tuna, prepared or preserved in any manner, in airtight
containers.
(iv) Petroleum, or any product derived from petroleum, provided for
in Chapter 27, Harmonized Tariff Schedule of the United States (HTSUS).
(v) Watches and watch parts (including cases, bracelets and straps),
of whatever type including, but not limited to, mechanical, quartz
digital or quartz analog, if such watches or watch parts contain any
material which is the product of any country with respect to which HTSUS
column 2 rates of duty apply.
(vi) Sugars, sirups, and molasses, provided for in subheadings
1701.11.00 and 1701.12.00, HTSUS, to the extent that importation and
duty-free treatment of such articles are limited by Additional U.S. Note
4, Chapter 17, HTSUS.
(vii) Articles subject to the provisions of the subheadings of
Subchapter III, from the beginning through 9903.85.21, Chapter 99,
HTSUS, to the extent that such provisions have not been modified or
terminated by the President pursuant to section 213(e)(5) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(e)(5)).
(viii) Merchandise for which duty-free treatment under the CBI is
suspended or withdrawn by the President pursuant to sections 213 (c)(2),
(e)(1), or (f)(3) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703 (c)(2), (e)(1), or (f)(3)).
(3) Wholly the growth, product, or manufacture of a beneficiary
country. For purposes of Sec. 10.191 through Sec. 10.198, the expression
``wholly the growth, product, or manufacture of a beneficiary country''
refers both to any article which has been entirely grown, produced, or
manufactured in a beneficiary country or two or more beneficiary
countries and to all materials incorporated in an article which have
been entirely grown, produced, or manufactured in any beneficiary
country or two or more beneficary countries, as distinguished from
articles or materials imported into a beneficiary country from a non-
beneficiary country whether or not such articles or materials were
substantially transformed into new or different articles of commerce
after their importation into the beneficiary country.
(4) Entered. For purposes of Sec. 10.191 through Sec. 10.198, the
term ``entered'' means entered, or withdrawn from warehouse for
consumption, in the customs territory of the U.S.
[T.D. 84-237, 49 FR 47993, Dec. 7, 1984, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988]
Sec. 10.192 Claim for exemption from duty under the CBI.
A claim for an exemption from duty on the ground that the CBI
applies shall be allowed by the port director only if he is satisfied
that the requirements set forth in this section and Sec. 10.193 through
Sec. 10.198 have been met. Duty-free treatment may be claimed at the
time of filing the entry summary by placing the symbol ``E'' as a prefix
to the HTSUS subheading number for
[[Page 147]]
each article for which such treatment is claimed on that document.
[T.D. 84-237, 49 FR 47993, Dec. 7, 1984, as amended by T.D. 89-1, 53 FR
51252, Dec. 21, 1988; T.D. 94-47, 59 FR 25570, May 17, 1994]
Sec. 10.193 Imported directly.
To qualify for treatment under the CBI, an article shall be imported
directly from a beneficiary country into the customs territory of the
U.S. For purposes of Sec. 10.191 through Sec. 10.198 the words
``imported directly'' mean:
(a) Direct shipment from any beneficiary country to the U.S. without
passing through the territory of any non-beneficiary country; or
(b) If the shipment is from any beneficiary country to the U.S.
through the territory of any non-beneficiary country, the articles in
the shipment do not enter into the commerce of any non-beneficiary
country while en route to the U.S. and the invoices, bills of lading,
and other shipping documents show the U.S. as the final destination; or
(c) If the shipment is from any beneficiary country to the U.S.
through the territory of any non-beneficiary country, and the invoices
and other documents do not show the U.S. as the final destination, the
articles in the shipment upon arrival in the U.S. are imported directly
only if they:
(1) Remained under the control of the customs authority of the
intermediate country;
(2) Did not enter into the commerce of the intermediate country
except for the purpose of sale other than at retail, and the port
director is satisfied that the importation results from the original
commericial transaction between the importer and the producer or the
latter's sales agent; and
(3) Were not subjected to operations other than loading and
unloading, and other activities necessary to preserve the articles in
good condition.
Sec. 10.194 Evidence of direct shipment.
(a) Documents constituting evidence of direct shipment. The port
director may require that appropriate shipping papers, invoices, or
other documents be submitted within 60 days of the date of entry as
evidence that the articles were ``imported directly'', as that term is
defined in Sec. 10.193. Any evidence of direct shipment required shall
be subject to such verification as deemed necessary by the port
director.
(b) Waiver of evidence of direct shipment. The port director may
waive the submission of evidence of direct shipment when otherwise
satisfied, taking into consideration the kind and value of the
merchandise, that the merchandise was, in fact, imported directly and
that it otherwise clearly qualifies for treatment under the CBI.
Sec. 10.195 Country of origin criteria.
(a) Articles produced in a beneficiary country--(1) General. Except
as provided herein, any article which is either wholly the growth,
product, or manufacture of a beneficiary country or a new or different
article of commerce which has been grown, produced, or manufactured in a
beneficiary country, may qualify for duty-free entry under the CBI. No
article or material shall be considered to have been grown, produced, or
manufactured in a beneficiary country by virtue of having merely
undergone simple (as opposed to complex or meaningful) combining or
packaging operations, or mere dilution with water or mere dilution with
another substance that does not materially alter the characteristics of
the article. Duty-free entry under the CBI may be accorded to an article
only if the sum of the cost or value of the material produced in a
beneficiary country or countries, plus the direct costs of processing
operations performed in a beneficiary country or countries, is not less
than 35 percent of the appraised value of the article at the time it is
entered.
(2) Combining, packaging, and diluting operations. No article which
has undergone only a simple combining or packaging operation or a mere
dilution in a beneficiary country within the meaning of paragraph (a)(1)
of this section shall be entitled to duty-free treatment even though the
processing operation causes the article to meet the value requirement
set forth in that paragraph.
(i) For purposes of this section, simple combining or packaging
operations and mere dilution include, but are not limited to, the
following processes:
[[Page 148]]
(A) The addition of batteries to devices;
(B) Fitting together a small number of components by bolting,
glueing, soldering etc.;
(C) Blending foreign and beneficiary country tobacco;
(D) The addition of substances such as anticaking agents,
preservatives, wetting agents, etc.;
(E) Repacking or packaging components together;
(F) Reconstituting orange juice by adding water to orange juice
concentrate; and
(G) Diluting chemicals with inert ingredients to bring them to
standard degrees of strength.
(ii) For purposes of this section, simple combining or packaging
operations and mere dilution shall not be taken to include processes
such as the following:
(A) The assembly of a large number of discrete components onto a
printed circuit board;
(B) The mixing together of two bulk medicinal substances followed by
the packaging of the mixed product into individual doses for retail
sale;
(C) The addition of water or another substance to a chemical
compound under pressure which results in a reaction creating a new
chemical compound; and
(D) A simple combining or packaging operation or mere dilution
coupled with any other type of processing such as testing or fabrication
(e.g., a simple assembly of a small number of components, one of which
was fabricated in the beneficiary country where the assembly took
place).
The fact that an article or material has undergone more than a simple
combining or packaging operation or mere dilution is not necessarily
dispositive of the question of whether that processing constitutes a
substantial transformation for purposes of determining the country of
origin of the article or material.
(b) Commonwealth of Puerto Rico and U.S. Virgin Islands. For
purposes of determining the percentage referred to in paragraph (a) of
this section, the term ``beneficiary country'' includes the Commonwealth
of Puerto Rico and the U.S. Virgin Islands. Any cost or value of
materials or direct costs of processing operations attributable to the
Virgin Islands must be included in the article prior to its final
exportation from a beneficiary country to the U.S.
(c) Materials produced in the U.S. For purposes of determining the
percentage referred to in paragraph (a) of this section, an amount not
to exceed 15 percent of the appraised value of the article at the time
it is entered may be attributed to the cost or value of materials
produced in the customs territory of the U.S. (other than the
Commonwealth of Puerto Rico). In the case of materials produced in the
customs territory of the U.S., the provisions of Sec. 10.196 shall
apply.
(d) Textile components cut to shape in the U.S. The percentage
referred to in paragraph (c) of this section may be attributed in whole
or in part to the cost or value of a textile component that is cut to
shape (but not to length, width, or both) in the U.S. (including the
Commonwealth of Puerto Rico) from foreign fabric and exported to a
beneficiary country for assembly into an article that is then returned
to the U.S. and entered, or withdrawn from warehouse, for consumption on
or after July 1, 1996. For purposes of this paragraph, the terms
``textile component'' and ``fabric'' have reference only to goods
covered by the definition of ``textile or apparel product'' set forth in
Sec. 102.21(b)(5) of this chapter.
(e) Articles wholly grown, produced, or manufactured in a
beneficiary country. Any article which is wholly the growth, product, or
manufacture of a beneficiary country, including articles produced or
manufactured in a beneficiary country exclusively from materials which
are wholly the growth, product, or manufacture of a beneficiary country
or countries, shall normally be presumed to meet the requirements set
forth in paragraph (a) of this section.
(f) Country of origin marking. The general country of origin marking
requirements that apply to all importations are also applicable to
articles imported under the CBI.
[T.D. 84-237, 49 FR 47993, Dec. 7, 1984; 49 FR 49575, Dec. 20, 1984, as
amended by T.D. 95-69, 60 FR 46197, Sept. 5, 1995; T.D. 95-69, 60 FR
55995, Nov. 6, 1996]
[[Page 149]]
Sec. 10.196 Cost or value of materials produced in a beneficiary country or countries.
(a) ``Materials produced in a beneficiary country or countries''
defined. For purposes of Sec. 10.195, the words ``materials produced in
a beneficiary country or countries'' refer to those materials
incorporated in an article which are either:
(1) Wholly the growth, product, or manufacture of a beneficiary
country or two or more beneficiary countries; or
(2) Subject to the limitations set forth in Sec. 10.195(a),
substantially transformed in any beneficiary country or two or more
beneficiary countries into a new or different article of commerce which
is then used in any beneficiary country in the production or manufacture
of a new or different article which is imported directly into the U.S.
Example 1. A raw, perishable skin of an animal grown in one
beneficiary country is sent to another beneficiary country where it is
tanned to create nonperishable ``crust leather''. The tanned product is
then imported directly into the U.S. Because the material of which the
imported article is composed is wholly the growth, product, or
manufacture of one of more beneficiary countries, the entire cost or
value of that material may be counted toward the 35 percent value
requirement set forth in Sec. 10.195.
Example 2. A raw, perishable skin of an animal grown in a non-
beneficiary country is sent to a beneficiary country where it is tanned
to create nonperishable ``crust leather''. The tanned skin is then
imported directly into the U.S. Although the tanned skin represents a
new or different article of commerce produced in a beneficiary country
within the meaning of Sec. 10.195(a), the cost or value of the raw skin
may not be counted toward the 35 percent value requirement because (1)
the tanned material of which the imported article is composed is not
wholly the growth, product, or manufacture of a beneficiary country and
(2) the tanning operation creates the imported article itself rather
than an intermediate article which is then used in the beneficiary
country in the production or manufacture of an article imported into the
U.S. The tanned skin would be eligible for duty-free treatment only if
the direct costs attributable to the tanning operation represent at
least 35 percent of the appraised value of the imported article.
Example 3. A raw, perishable skin of an animal grown in a non-
beneficiary country is sent to a beneficiary country where it is tanned
to create nonperishable ``crust leather''. The tanned material is then
cut, sewn and assembled with a metal buckle imported from a non-
beneficiary country to create a finished belt which is imported directly
into the U.S. Because the operations performed in the beneficiary
country involved both the substantial transformation of the raw skin
into a new or different article and the use of that intermediate article
in the production or manufacture of a new or different article imported
into the U.S., the cost or value of the tanned material used to make the
imported article may be counted toward the 35 percent value requirement.
The cost or value of the metal buckle imported into the beneficiary
country may not be counted toward the 35 percent value requirement
because the buckle was not substantially transformed in the beneficiary
country into a new or different article prior to its incorporation in
the finished belt.
Example 4. A raw, perishable skin of an animal grown in the U.S.
Virgin Islands is sent to a beneficiary country where it is tanned to
create nonperishable ``crust leather'', which is then imported directly
into the U.S. The tanned skin represents a new or different article of
commerce produced in a beneficiary country within the meaning of
Sec. 10.195(a), and under Sec. 10.195(b), the raw skin from which the
tanned product was made is considered to have been grown in a
beneficiary country for the purpose of applying the 35 percent value
requirement. The tanned material of which the imported article is
composed is considered to be wholly the growth, product, or manufacture
of one or more beneficiary countries with the result that the entire
cost or value of that material may be counted toward the 35 percent
value requirement.
(b) Questionable origin. When the origin of a material either is not
ascertainable or is not satisfactorily demonstrated to the port
director, the material shall not be considered to have been grown,
produced, or manufactured in a beneficiary country.
(c) Determination of cost or value of materials produced in a
beneficiary country. (1) The cost or value of materials produced in a
beneficiary country or countries includes:
(i) The manufacturer's actual cost for the materials;
(ii) When not included in the manufacturer's actual cost for the
materials, the freight, insurance, packing, and all other costs incurred
in transporting the materials to the manufacturer's plant;
[[Page 150]]
(iii) The actual cost of waste or spoilage (material list), less the
value of recoverable scrap; and
(iv) Taxes and/or duties imposed on the materials by any beneficiary
country, provided they are not remitted upon exportation.
(2) Where a material is provided to the manufacturer without charge,
or at less than fair market value, its cost or value shall be determined
by computing the sum of:
(i) All expenses incurred in the growth, production, or manufacture
of the material, including general expenses;
(ii) An amount for profit; and
(iii) Freight, insurance, packing, and all other costs incurred in
transporting the material to the manufacturer's plant.
If the pertinent information needed to compute the cost or value of a
material is not available, the appraising officer may ascertain or
estimate the value thereof using all reasonable ways and means at his
disposal.
Sec. 10.197 Direct costs of processing operations performed in a beneficiary country or countries.
(a) Items included in the direct costs of processing operations. As
used in Sec. 10.195 and Sec. 10.198, the words ``direct costs of
processing operations'' mean those costs either directly incurred in, or
which can be reasonably allocated to, the growth, production,
manufacture, or assembly of the specific merchandise under
consideration. Such costs include, but are not limited to the following,
to the extent that they are includable in the appraised value of the
imported merchandise:
(1) All actual labor costs involved in the growth, production,
manufacture or assembly of the specific merchandise, including fringe
benefits, on-the-job training, and the cost of engineering, supervisory,
quality control, and similar personnel;
(2) Dies, molds, tooling, and depreciation on machinery and
equipment which are allocable to the specific merchandise;
(3) Research, development, design, engineering, and blueprint costs
insofar as they are allocable to the specific merchandise and;
(4) Costs of inspecting and testing the specific merchandise.
(b) Items not included in the direct costs of processing operations.
Those items which are not included within the meaning of the words
``direct costs of processing operations'' are those which are not
directly attributable to the merchandise under consideration or are not
``costs'' of manufacturing the product. These include, but are not
limited to:
(1) Profit; and
(2) General expenses of doing business which are either not
allocable to the specific merchandise or are not related to the growth,
production, manufacture, or assembly of the merchandise, such as
administrative salaries, casualty and liability insurance, advertising,
and salesmen's salaries, commissions, or expenses.
[T.D. 84-237, 49 FR 47993, Dec. 7, 1984; 49 FR 49575, Dec. 20, 1984]
Sec. 10.198 Evidence of country of origin.
(a) Shipments covered by a formal entry--(1) Articles not wholly the
growth, product, or manufacture of a beneficiary country--(i)
Declaration. In a case involving an article covered by a formal entry
which is not wholly the growth, product, or manufacture of a single
beneficiary country, the exporter or other appropriate party having
knowledge of the relevant facts in the beneficiary country where the
article was produced or last processed shall be prepared to submit
directly to the port director, upon request, a declaration setting forth
all pertinent detailed information concerning the production or
manufacture of the article. When requested by the port director, the
declaration shall be prepared in substantially the following form:
CBI Declaration
I. ____________________________,
(name), hereby declare that the articles described below (a) were
produced or manufactured in ________________ (country) by means of
processing operations performed in that country as set forth below and
were also subjected to processing operations in the other beneficiary
country or countries (including the Commonwealth of Puerto Rico and the
U.S. Virgin Islands) as set forth below and (b) incorporate materials
produced in the
[[Page 151]]
country named above or in any other beneficiary country or countries
(including the Commonwealth of Puerto Rico and the U.S. Virgin Islands)
or in the customs territory of the United States (other than the
Commonwealth of Puerto Rico) as set forth below:
----------------------------------------------------------------------------------------------------------------
Processing operations performed Material produced in a
on articles beneficiary country or in the
--------------------------------- U.S.
-------------------------------
Description of Description of Description of
Number and date of invoices articles and processing Direct costs material,
quantity operations and of processing production Cost or value
country of operations process, and of material
processing country of
production
----------------------------------------------------------------------------------------------------------------
............... ............... .............. .............. ..............
............... ............... .............. .............. ..............
............... ............... .............. .............. ..............
............... ............... .............. .............. ..............
----------------------------------------------------------------------------------------------------------------
Date____________________________________________________________________
Address_________________________________________________________________
Signature_______________________________________________________________
Title___________________________________________________________________
(ii) Retention of records and submission of declaration. The
information necessary for preparation of the declaration shall be
retained in the files of the party responsible for its preparation and
submission for a period of 5 years. In the event that the port director
requests submission of the declaration during the 5-year period, it
shall be submitted by the appropriate party directly to the port
director within 60 days of the date of the request or such additional
period as the port director may allow for good cause shown. Failure to
submit the declaration in a timely fashion will result in a denial of
duty-free treatment.
(iii) Value added after final exportation. In a case in which value
is added to an article in a bonded warehouse or in a foreign-trade zone
in the Commonwealth of Puerto Rico or in the U.S. after final
exportation of the article from a beneficiary country, in order to
ensure compliance with the value requirement under Sec. 10.195(a), the
declaration provided for in paragraph (a)(1)(i) of this section shall be
filed by the importer or consignee with the entry summary as evidence of
the country of origin. The declaration shall be properly completed by
the party responsible for the addition of such value.
(2) Merchandise wholly the growth, product, or manufacture of a
beneficiary country. In a case involving merchandise covered by a formal
entry which is wholly the growth, product, or manufacture of a single
beneficiary country, a statement to that effect shall be included on the
commercial invoice provided to Customs.
(b) Shipments covered by an informal entry. Although the filing of
the declaration provided for in paragraph (a)(1)(i) of this section will
not be required for a shipment covered by an informal entry, the port
director may require such other evidence of country of origin as deemed
necessary.
(c) Verification of documentation. Any evidence of country of origin
submitted under this section shall be subject to such verification as
the port director deems necessary. In the event that the port director
is prevented from obtaining the necessary verification, the port
director may treat the entry as dutiable.
[T.D. 94-47, 59 FR 25570, May 17, 1994]
Andean Trade Preference
Source: Sections 10.201 through 10.208 appear at T.D. 98-76, 63 FR
51292, Sept. 25, 1998, unless otherwise noted.
Sec. 10.201 Applicability.
Title II of Pub. L. 102-182 (105 Stat. 1233), entitled the Andean
Trade Preference Act (ATPA) and codified at 19 U.S.C. 3201-3206,
authorizes the President to proclaim duty-free treatment for all
eligible articles from any beneficiary country, to designate countries
as beneficiary countries, and to proclaim duty reductions for certain
goods not eligible for duty-free treatment. The provisions of
Secs. 10.202-10.208 of this part set forth the legal requirements and
procedures that apply for purposes of obtaining such duty-free or
reduced-
[[Page 152]]
duty treatment for articles from a beneficiary country which are
identified for purposes of such treatment in General Note 11, Harmonized
Tariff Schedule of the United States (HTSUS), and in the ``Special''
rate of duty column of the HTSUS.
Sec. 10.202 Definitions.
The following definitions apply for purposes of Secs. 10.201 through
10.208:
(a) Beneficiary country. Except as otherwise provided in
Sec. 10.206(b), the term ``beneficiary country'' refers to any country
or successor political entity with respect to which there is in effect a
proclamation by the President designating such country or successor
political entity as a beneficiary country in accordance with section 203
of the ATPA (19 U.S.C. 3202).
(b) Eligible articles. The term ``eligible'' when used with
reference to an article means merchandise which is imported directly
from a beneficiary country as provided in Sec. 10.204, which meets the
country of origin criteria set forth in Sec. 10.205 and the value-
content requirement set forth in Sec. 10.206, and which, if the
requirements of Sec. 10.207 are met, is therefore entitled to duty-free
treatment under the ATPA. However, the following merchandise shall not
be considered eligible articles entitled to duty-free treatment under
the ATPA:
(1) Textile and apparel articles which are subject to textile
agreements;
(2) Footwear not designated on December 4, 1991, as eligible for the
purpose of the Generalized System of Preferences under Title V, Trade
Act of 1974, as amended (19 U.S.C. 2461-2466);
(3) Tuna, prepared or preserved in any manner, in airtight
containers;
(4) Petroleum, or any product derived from petroleum, provided for
in headings 2709 and 2710, Harmonized Tariff Schedule of the United
States (HTSUS);
(5) Watches and watch parts (including cases, bracelets, and
straps), of whatever type including, but not limited to, mechanical,
quartz digital or quartz analog, if such watches or watch parts contain
any material which is the product of any country with respect to which
HTSUS column 2 rates of duty apply;
(6) Sugars, syrups, and molasses classified in subheadings
1701.11.03, 1701.12.02, 1701.99.02, 1702.90.32, 1806.10.42, and
2106.90.12, HTSUS;
(7) Rum and tafia classified in subheading 2208.40.00, HTSUS; or
(8) Articles to which reduced rates of duty apply under section
204(c) of the ATPA (19 U.S.C. 3203(c)) (see Sec. 10.208).
(c) Entered. The term ``entered'' means entered, or withdrawn from
warehouse for consumption, in the customs territory of the United
States.
(d) Wholly the growth, product, or manufacture of a beneficiary
country. The expression ``wholly the growth, product, or manufacture of
a beneficiary country'' has the same meaning as that set forth in
Sec. 10.191(b)(3) of this part.
Sec. 10.203 Eligibility criteria in general.
An article classifiable under a subheading of the Harmonized Tariff
Schedule of the United States for which a rate of duty of ``Free''
appears in the ``Special'' subcolumn followed by the symbol ``J'' or
``J*'' in parentheses is eligible for duty-free treatment, and will be
accorded such treatment, if each of the following requirements is met:
(a) Imported directly. The article is imported directly from a
beneficiary country as provided in Sec. 10.204.
(b) Country of origin criteria. The article complies with the
country of origin criteria set forth in Sec. 10.205.
(c) Value content requirement. The article complies with the value
content requirement set forth in Sec. 10.206.
(d) Filing of claim and submission of supporting documentation. The
claim for duty-free treatment is filed, and any required documentation
in support of the claim is submitted, in accordance with the procedures
set forth in Sec. 10.207.
Sec. 10.204 Imported directly.
In order to be eligible for duty-free treatment under the ATPA, an
article shall be imported directly from a beneficiary country into the
customs territory of the United States. For purposes of this
requirement, the words ``imported directly'' mean:
(a) Direct shipment from any beneficiary country to the United
States without passing through the territory of any non-beneficiary
country; or
[[Page 153]]
(b) If shipment from any beneficiary country to the United States
was through the territory of a non-beneficiary country, the articles in
the shipment did not enter into the commerce of the non-beneficiary
country while en route to the United States, and the invoices, bills of
lading, and other shipping documents show the United States as the final
destination; or
(c) If shipment from any beneficiary country to the United States
was through the territory of a non-beneficiary country and the invoices
and other documents do not show the United States as the final
destination, then the articles in the shipment, upon arrival in the
United States, are imported directly only if they:
(1) Remained under the control of the customs authority in the
intermediate country;
(2) Did not enter into the commerce of the intermediate country
except for the purpose of sale other than at retail, and the articles
are imported into the United States as a result of the original
commercial transaction between the importer and the producer or the
latter's sales agent; and
(3) Were not subjected to operations in the intermediate country
other than loading and unloading, and other activities necessary to
preserve the articles in good condition.
Sec. 10.205 Country of origin criteria.
(a) General. Except as otherwise provided in paragraph (b) of this
section, an article may be eligible for duty-free treatment under the
ATPA if the article is either:
(1) Wholly the growth, product, or manufacture of a beneficiary
country; or
(2) A new or different article of commerce which has been grown,
produced, or manufactured in a beneficiary country.
(b) Exceptions. No article shall be eligible for duty-free treatment
under the ATPA by virtue of having merely undergone simple (as opposed
to complex or meaningful) combining or packaging operations, or mere
dilution with water or mere dilution with another substance that does
not materially alter the characteristics of the article. The principles
and examples set forth in Sec. 10.195(a)(2) of this part shall apply
equally for purposes of this paragraph.
Sec. 10.206 Value content requirement.
(a) General. An article may be eligible for duty-free treatment
under the ATPA only if the sum of the cost or value of the materials
produced in a beneficiary country or countries, plus the direct costs of
processing operations performed in a beneficiary country or countries,
is not less than 35 percent of the appraised value of the article at the
time it is entered.
(b) Commonwealth of Puerto Rico, U.S. Virgin Islands and CBI
beneficiary countries. For purposes of determining the percentage
referred to in paragraph (a) of this section, the term ``beneficiary
country'' includes the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, and any CBI beneficiary country as defined in Sec. 10.191(b)(1)
of this part. Any cost or value of materials or direct costs of
processing operations attributable to the Virgin Islands or any CBI
beneficiary country must be included in the article prior to its final
exportation to the United States from a beneficiary country as defined
in Sec. 10.202(a).
(c) Materials produced in the United States. For purposes of
determining the percentage referred to in paragraph (a) of this section,
an amount not to exceed 15 percent of the appraised value of the article
at the time it is entered may be attributed to the cost or value of
materials produced in the customs territory of the United States (other
than the Commonwealth of Puerto Rico). The principles set forth in
paragraph (d)(1) of this section shall apply in determining whether a
material is ``produced in the customs territory of the United States''
for purposes of this paragraph.
(d) Cost or value of materials--(1) ``Materials produced in a
beneficiary country or countries'' defined. For purposes of paragraph
(a) of this section, the words materials produced in a beneficiary
country or countries refer to those materials incorporated in an article
which are either:
(i) Wholly the growth, product, or manufacture of a beneficiary
country
[[Page 154]]
or two or more beneficiary countries; or
(ii) Substantially transformed in any beneficiary country or two or
more beneficiary countries into a new or different article of commerce
which is then used in any beneficiary country as defined in
Sec. 10.202(a) in the production or manufacture of a new or different
article which is imported directly into the United States. For purposes
of this paragraph (d)(1)(ii), no material shall be considered to be
substantially transformed into a new or different article of commerce by
virtue of having merely undergone simple (as opposed to complex or
meaningful) combining or packaging operations, or mere dilution with
water or mere dilution with another substance that does not materially
alter the characteristics of the article. The examples set forth in
Sec. 10.196(a) of this part, and the principles and examples set forth
in Sec. 10.195(a)(2) of this part, shall apply for purposes of the
corresponding context under paragraph (d)(1) of this section.
(2) Questionable origin. When the origin of a material either is not
ascertainable or is not satisfactorily demonstrated to the appropriate
port director, the material shall not be considered to have been grown,
produced, or manufactured in a beneficiary country or in the customs
territory of the United States.
(3) Determination of cost or value of materials. (i) The cost or
value of materials produced in a beneficiary country or countries or in
the customs territory of the United States includes:
(A) The manufacturer's actual cost for the materials;
(B) When not included in the manufacturer's actual cost for the
materials, the freight, insurance, packing, and all other costs incurred
in transporting the materials to the manufacturer's plant;
(C) The actual cost of waste or spoilage, less the value of
recoverable scrap; and
(D) Taxes and/or duties imposed on the materials by any beneficiary
country or by the United States, provided they are not remitted upon
exportation.
(ii) Where a material is provided to the manufacturer without
charge, or at less than fair market value, its cost or value shall be
determined by computing the sum of:
(A) All expenses incurred in the growth, production, or manufacture
of the material, including general expenses;
(B) An amount for profit; and
(C) Freight, insurance, packing, and all other costs incurred in
transporting the material to the manufacturer's plant.
(iii) If the pertinent information needed to compute the cost or
value of a material is not available, the appraising officer may
ascertain or estimate the value thereof using all reasonable ways and
means at his disposal.
(e) Direct costs of processing operations--(1) Items included. For
purposes of paragraph (a) of this section, the words direct costs of
processing operations mean those costs either directly incurred in, or
which can be reasonably allocated to, the growth, production,
manufacture, or assembly of the specific merchandise under
consideration. Such costs include, but are not limited to the following,
to the extent that they are includable in the appraised value of the
imported merchandise:
(i) All actual labor costs involved in the growth, production,
manufacture, or assembly of the specific merchandise, including fringe
benefits, on-the-job training, and the cost of engineering, supervisory,
quality control, and similar personnel;
(ii) Dies, molds, tooling, and depreciation on machinery and
equipment which are allocable to the specific merchandise;
(iii) Research, development, design, engineering, and blueprint
costs insofar as they are allocable to the specific merchandise; and
(iv) Costs of inspecting and testing the specific merchandise.
(2) Items not included. For purposes of paragraph (a) of this
section, the words ``direct costs of processing operations'' do not
include items which are not directly attributable to the merchandise
under consideration or are not costs of manufacturing the product. These
include, but are not limited to:
(i) Profit; and
[[Page 155]]
(ii) General expenses of doing business which either are not
allocable to the specific merchandise or are not related to the growth,
production, manufacture, or assembly of the merchandise, such as
administrative salaries, casualty and liability insurance, advertising,
and salesmen's salaries, commissions, or expenses.
(f) Articles wholly the growth, product, or manufacture of a
beneficiary country. Any article which is wholly the growth, product, or
manufacture of a beneficiary country as defined in Sec. 10.202(a), and
any article produced or manufactured in a beneficiary country as defined
in Sec. 10.202(a) exclusively from materials which are wholly the
growth, product, or manufacture of a beneficiary country or countries,
shall normally be presumed to meet the requirement set forth in
paragraph (a) of this section.
Sec. 10.207 Procedures for filing duty-free treatment claim and submitting supporting documentation.
(a) Filing claim for duty-free treatment. Except as provided in
paragraph (c) of this section, a claim for duty-free treatment under the
ATPA may be made at the time of filing the entry summary by placing the
symbol ``J'' as a prefix to the Harmonized Tariff Schedule of the United
States subheading number applicable to each article for which duty-free
treatment is claimed on that document.
(b) Shipments covered by a formal entry--(1) Articles not wholly the
growth, product, or manufacture of a beneficiary country--(i)
Declaration. In a case involving an article covered by a formal entry
for which duty-free treatment is claimed under the ATPA and which is not
wholly the growth, product, or manufacture of a single beneficiary
country as defined in Sec. 10.202(a), the exporter or other appropriate
party having knowledge of the relevant facts in the beneficiary country
as defined in Sec. 10.202(a) where the article was produced or last
processed shall be prepared to submit directly to the port director,
upon request, a declaration setting forth all pertinent detailed
information concerning the production or manufacture of the article.
When requested by the port director, the declaration shall be prepared
in substantially the following form:
ATPA DECLARATION
I, ______________(name), hereby declare that the articles described
below (a) were produced or manufactured in ______________
(country) by means of processing operations performed in that country as
set forth below and were also subjected to processing operations in the
other beneficiary country or countries (including the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, and any CBI beneficiary country)
as set forth below and (b) incorporate materials produced in the country
named above or in any other beneficiary country or countries (including
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and any CBI
beneficiary country) or in the customs territory of the United States
(other than the Commonwealth of Puerto Rico) as set forth below:________
--------------------------------------------------------------------------------------------------------------------------------------------------------
Processing operations performed on articles Material produced in a beneficiary country
----------------------------------------------- or in the U.S.
---------------------------------------------
Number and date of invoices Description of Description of Description of
articles and quantity processing operations Direct costs of material, production Cost or value of
and country of processing operations process, and country material
processing of production
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date____________________________________________________________________
Address_________________________________________________________________
Signature_______________________________________________________________
Title___________________________________________________________________
(ii) Retention of records and submission of declaration. The
information necessary for the preparation of the declaration shall be
retained in the files of the party responsible for its preparation and
submission for a period of 5 years. In the event that the port director
requests submission of the declaration during the 5-year period, it
shall be submitted by the appropriate party directly to the port
director within 60 days of the date of the request or such additional
period as the port director
[[Page 156]]
may allow for good cause shown. Failure to submit the declaration in a
timely fashion will result in a denial of duty-free treatment.
(iii) Value added after final exportation. In a case in which value
is added to an article in the Commonwealth of Puerto Rico or in the
United States after final exportation of the article from a beneficiary
country as defined in Sec. 10.202(a), in order to ensure compliance with
the value requirement under Sec. 10.206(a), the declaration provided for
in paragraph (b)(1)(i) of this section shall be filed by the importer or
consignee with the entry summary. The declaration shall be completed by
the party responsible for the addition of such value.
(2) Articles wholly the growth, product, or manufacture of a
beneficiary country. In a case involving an article covered by a formal
entry for which duty-free treatment is claimed under the ATPA and which
is wholly the growth, product, or manufacture of a single beneficiary
country as defined in Sec. 10.202(a), a statement to that effect shall
be included on the commercial invoice provided to Customs.
(c) Shipments covered by an informal entry. The normal procedure for
filing a claim for duty-free treatment as set forth in paragraph (a) of
this section need not be followed, and the filing of the declaration
provided for in paragraph (b)(1)(i) of this section will not be
required, in a case involving a shipment covered by an informal entry.
However, the port director may require submission of such other evidence
of entitlement to duty-free treatment as deemed necessary.
(d) Evidence of direct importation--(1) Submission. The port
director may require that appropriate shipping papers, invoices, or
other documents be submitted within 60 days of the date of entry as
evidence that the articles were ``imported directly'', as that term is
defined in Sec. 10.204.
(2) Waiver. The port director may waive the submission of evidence
of direct importation when otherwise satisfied, taking into
consideration the kind and value of the merchandise, that the
merchandise was, in fact, imported directly and that it otherwise
clearly qualifies for duty-free treatment under the ATPA.
(e) Verification of documentation. The documentation submitted under
this section to demonstrate compliance with the requirements for duty-
free treatment under the ATPA shall be subject to such verification as
the port director deems necessary. In the event that the port director
is prevented from obtaining the necessary verification, the port
director may treat the entry as fully dutiable.
Sec. 10.208 Duty reductions for certain products.
(a) General. Handbags, luggage, flat goods, work gloves, and leather
wearing apparel that were not designated on August 5, 1983, as eligible
articles for purposes of the Generalized System of Preferences under
Title V, Trade Act of 1974, as amended (19 U.S.C. 2461-2466), are not
eligible for duty-free treatment under the ATPA. However, any such
article from a beneficiary country may be subject to a reduced rate of
duty set forth in the Harmonized Tariff Schedule of the United States in
the applicable ``Special'' subcolumn followed by the symbol ``J'' in
parenthesis, provided the article is a product of any beneficiary
country. For purposes of this section, an article is a ``product of'' a
beneficiary country if the article is either:
(1) Wholly the growth, product, or manufacture of a beneficiary
country; or
(2) A new or different article of commerce which has been grown,
produced, or manufactured in a beneficiary country.
(b) Filing reduced-duty claim. A claim for reduced-duty treatment
under the ATPA may be made at the time of filing the entry summary or
other entry document by placing thereon the symbol ``J'' as a prefix to
the Harmonized Tariff Schedule of the United States subheading number
applicable to each article for which reduced-duty treatment is claimed
and by placing thereon the reduced duty rate applicable to each such
article.
(c) Verification of reduced-duty claim. Any claim for reduced-duty
treatment under this section shall be subject to such verification as
the port director
[[Page 157]]
deems necessary. In the event that the port director is prevented from
obtaining the necessary verification, the port director may treat the
entry as dutiable at the applicable non-ATPA rate.
United States-Canada Free Trade Agreement
Source: Sections 10.301 through 10.311 issued by T.D. 89-3, 53 FR
51766, Dec. 23, 1988, unless otherwise noted.
Sec. 10.301 Scope and applicability.
The provisions of Secs. 10.302 through 10.311 of this part relate to
the procedures for obtaining duty preferences on imported goods under
the United States-Canada Free-Trade Agreement (the Agreement) entered
into on January 2, 1988, and the United States-Canada Free-Trade
Agreement Implementation Act of 1988 (102 Stat. 1851). The United States
and Canada agreed to suspend operation of the Agreement with effect from
January 1, 1994, to coincide with the entry into force of the North
American Free Trade Agreement (see part 181 of this chapter) and,
accordingly, the provisions of Secs. 10.302 through 10.311 of this part
apply only to goods imported from Canada that were entered for
consumption, or withdrawn from warehouse for consumption, during the
period January 1, 1989, through December 31, 1993. In situations
involving goods subject to bilateral restrictions or prohibitions, or
country of origin marking, other criteria for determining origin may be
applicable pursuant to Article 407 of the Agreement.
[T.D. 96-35, 61 FR 19835, May 3, 1996]
Sec. 10.302 Eligibility criteria in general.
Subject to the more specific explanations of the criteria in
Secs. 10.303 and 10.305 of this part, goods classifiable under an HTSUS
heading or subheading for which the symbol ``CA'' appears in the
``special'' column are eligible for a preference if:
(a) Originating goods. The goods originate in Canada or the United
States, or both, and
(b) Direct shipment required. Except as provided in Sec. 10.306(b),
are directly shipped to the United States from Canada.
Sec. 10.303 Originating goods.
(a) General. For purposes of eligibility for a preference under the
Agreement, goods may be regarded as originating goods if:
(1) Wholly of Canadian or United States origin. The goods are wholly
obtained or produced in the Territory of Canada or the United States, or
both, as set forth in General Note 3(c), HTSUS;
(2) Transformed with a change in classification. The goods have been
transformed by a processing which results in a change in classification
and, if required, a sufficient value-content, as set forth in General
Note 3(c), HTSUS; or
(3) Transformed without a change in classification. An assembly of
goods, other than goods of chapters 61 to 63 of the HTSUS, which does
not result in a change in classification because the goods were imported
in an unassembled or disassembled form and classified as the goods,
unassembled or disassembled, pursuant to General Rule of Interpretation
2(a), HTSUS, or because the tariff subheading for the goods provides for
both the goods themselves and their parts, shall nonetheless be treated
as originating goods if:
(i) The value of originating materials and the direct cost of
assembling in Canada or the United States, or both, as defined in
Sec. 10.305 constitute not less than 50 percent of the value of the
goods when exported to the United States;
(ii) The assembled goods are not subsequently processed or further
assembled in a third country; and
(iii) The goods satisfy the requirement in Sec. 10.306.
(b) Originating materials. For purposes of this section and
Sec. 10.305, the term ``materials'' means goods, other than those
included as part of the direct cost of processing or assembling, used or
consumed in the production of other goods, and the term ``orginating''
when used with reference to such materials means that the materials
satisfy one of the criteria for originating goods set forth in paragraph
(a) of this section.
(c) Change in classification. For purposes of paragraph (a) of this
section, the expression ``change in classification'' means a change of
classification
[[Page 158]]
within the Harmonized Commodity Description and Coding System
(Harmonized System) as published and amended from time to time by the
Customs Cooperation Council.
(d) Articles of feather. The goods are eligible to be treated as
originating in Canada pursuant to General Note 3(c)(vii)(R)(12)(ee),
HTSUS.
[T.D. 92-8, 57 FR 2453, Jan. 22, 1992]
Sec. 10.304 Exclusions.
(a) Changes based on simple processing. No goods shall be considered
originating for purposes of eligibility under the Agreement if they have
merely undergone simple packaging or simple combining operations, or
have undergone mere dilution with water or with another substance that
does not materially alter the characteristics of the goods.
(b) Other excluded processing. No goods shall be considered to be
originating merely by virtue of having undergone any process or work in
which the facts clearly justify the presumption that the sole object was
to circumvent the provisions of Chapter 3 of the Agreement.
Sec. 10.305 Value content requirement.
(a) Direct cost of processing or assembling.
(1) Definition. For purposes of applying a specific rule of origin
under the Agreement which requires a value content determination, the
terms ``direct cost of processing'' and ``direct cost of assembling''
mean the costs directly incurred in, or that can be reasonably allocated
to, the production of goods, including:
(i) The cost of all labor, including benefits and on-the-job
training, labor provided in connection with supervision, quality
control, shipping, receiving, storage, packaging, management at the
location of the process or assembly, and other like labor, whether
provided by employees or independent contractors;
(ii) The cost of inspecting and testing the goods;
(iii) The cost of energy, fuel, dies, molds, tooling, and the
depreciation and maintenance of machinery and equipment, without regard
to whether they originate within the territory of the United States or
Canada;
(iv) Development, design, and engineering costs;
(v) Rent, mortgage interest, depreciation on buildings, property
insurance premiums, maintenance, taxes and the cost of utilities for
real property used in the production of the goods; and
(vi) Royalty, licensing, or other like payments for the right to the
goods.
(2) Exclusions from direct costs of processing or assembling.
Excluded from the direct costs of processing or assembling are:
(i) Costs relating to the general expense of doing business, such as
the cost of providing executive, financial, sales, advertising,
marketing, accounting and legal services, and insurance;
(ii) Brokerage charges relating to the importation and exportation
of goods;
(iii) Costs for telephone, mail, and other means of communication;
(iv) Packing costs for exporting the goods;
(v) Royalty payments related to a licensing agreement to distribute
or sell the goods;
(vi) Rent, mortgage interest, depreciation on buildings, property
insurance premiums, maintenance, taxes, and the cost of utilities for
real property used by personnel charged with administrative functions;
and
(vii) Profit on the goods.
(3) Interpretation--(i) Indirect materials. Under the definition of
``materials'' set forth in Sec. 10.303(b), certain types of materials
are treated as direct costs of processing or assembling under paragraph
(a) of this section. This applies principally to materials used or
consumed indirectly in the production of exported goods, where no
portion of those materials is physically incorporated in the exported
goods. In addition to the items specified in paragraph (a)(1)(iii) of
this section, such materials include items such as gloves and safety
glasses worn by production workers, tape used in painting processes, and
tools, materials and spare parts used in the repair and maintenance of
machinery and equipment used in the production of the exported goods.
Such materials are to be distinguished from waste and spoilage specified
in paragraph (b)(1)(ii)(C) of this
[[Page 159]]
section, which relate to materials that are physically incorporated in
the exported goods.
(ii) Directly incurred. In order for costs incurred by a production
facility to be treated as direct costs of processing or assembling,
those costs must be directly incurred in the production of the exported
goods and not merely associated with the production facility as
peripheral costs necessary to operate the facility. In addition to the
exclusions set forth in paragraph (a)(2) of this section, such
peripheral costs include labor costs for nurses tending to employees,
for accounting personnel involved in physical inventory taking, for
personnel responsible for purchasing or requisitioning materials to be
used or consumed in the production process, and for second level
supervisors and above who are not directly involved in the production
process.
(iii) Labor costs. Under paragraph (a)(1)(i) of this section, labor
costs includable as direct costs of processing or assembling are limited
to labor provided by the producer's employees or by independent
contractors. Thus, for example, where processing operations are
performed on components in the United States and those components are
sold to a manufacturer in Canada where they are incorporated in goods
exported to the United States, the cost of those processing operations
in the United States cannot be separately counted as a direct cost of
processing attributable to the finished goods exported to the United
States.
(iv) Interest expense. Bona fide interest payments on debt of any
form, secured or unsecured, undertaken on arm's length terms in the
ordinary course of business to finance the acquisition of fixed assets
such as real property, a plant, and/or equipment used in the production
of goods in the territory of Canada or the U.S. are includable in the
direct cost of processing or direct cost of assembling. Interest will be
treated as a direct cost of processing or assembling, but only that
portion of the interest which is related to a fixed asset directly used
in the production of the goods exported; thus, where a entire production
facility is covered by a mortgage and incorporates both production and
administrative or other general expense space, an appropriate allocation
must be made in order to ensure that only that portion of the interest
allocated to the production area is counted toward the value-content
requirement. Interest expenses attributable to general and
administrative costs or expenses, including interest on funds borrowed
to meet the payroll of personnel directly involved in the production of
goods, are not considered direct costs of processing or assembly.
(b) Value of originating materials--(1) Definition. The term ``value
of materials originating in the United States or Canada or both'' means
the aggregate of:
(i) The price paid by the producer of exported goods for materials
originating in either the United States or Canada, or both, or for
materials imported from a third country used or consumed in the
production of such originating materials; and
(ii) When not included in that price, the following costs related
thereto:
(A) Freight, insurance, packing and all other costs incurred in
transporting any of the materials referred to in paragraph (b)(1)(i) of
this section to the location of the producer;
(B) Duties, taxes and brokerage fees on such materials paid in the
United States, or Canada, or both;
(C) The cost of waste or spoilage resulting from the use or
consumption of such materials, less the value of renewable scrap or by-
product; and
(D) The value of goods and services relating to such materials
determined in accordance with subparagraph 1(b) of Article 8 of the
Agreement on Implementation of Article VII of the General Agreement on
Tariffs and Trade.
(2) Directly attributable. Whenever a value-content determination is
required by the rules of the Agreement and whenever originating
materials and materials obtained or produced in a third country are used
or consumed together in the production of goods in the United States or
Canada, the value of originating materials may be treated as such only
to the extent that the value is directly attributable to the goods under
consideration.
(3) Interpretation. (i) Price paid. As provided in paragraph (b)(1)
of this section, the ``price paid'' for materials by
[[Page 160]]
the producer of exported goods forms the basis for determining the value
of such materials when incorporated in the exported goods. The actual
price paid for such materials will determine the value of those
materials for purposes of the value-content requirement, even though a
relationship between the producer and the seller of the materials may
have influenced the price, except where the price did not include items
specified in paragraph (b)(1)(ii) of this section that relate to the
materials. The following examples will illustrate these principles.
Notwithstanding these examples, the totality of the facts must be
examined in each case to determine whether Sec. 10.304(b) is applicable.
Example 1. Non-originating materials are sold by Company X (a
foreign corporation located outside the United States or Canada) to
Company Y (a Canadian corporation) for $100; Company X also sold
identical materials to Company Z (a U.S. corporation) for $200 which was
the price Company Z had paid to Company X for similar materials prior to
implementation of the Agreement; and those non-originating materials
sold by Company X to Company Y are then incorporated by Company Y into
goods exported to the United States. In this case the $100 price paid by
Company Y to Company X constitutes the value of those materials for
purposes of the value-content requirement.
Example 2. Company X purchased materials for $100, added a four
percent mark-up to the price paid to defray purchasing expenses, and
then sold the marked-up materials to Company Y (a Canadian corporation)
which incorporated the materials in goods exported to the United States.
In this case the $104 price paid by Company Y to Company X constitutes
the value of the materials for purposes of the value-content
requirement.
Example 3. Company X (a foreign corporation located outside the
United States) sold non-originating materials to Company Y (a U.S.
corporation) for $200, and Company Y then sold those materials for $100
to Company Z (a Canadian corporation) which incorporated the materials
in goods which were imported into the United States by Company P (the
U.S. parent company of Company Y). In this case, in accordance with
paragraph (b)(1)(ii)(D) of this section, $100 would be added to the
price paid by Company Z for purposes of the value-content requirement
because the materials were sold at a reduced cost within the meaning of
subparagraph 1(b) of Article 8 of the Agreement on Implementation of
Article VII of the General Agreement on Tariffs and Trade.
(ii) Originating materials for which no price paid. In cases
involving a vertically integrated producer (that is, an entity which
produces goods for export from materials which that producer has also
made) a ``price paid'' for such originating materials normally does not
exist. Even in the absence of a ``price paid'', such a vertically
integrated producer may still claim the materials as originating
materials for purposes of qualifying the finished goods exported to the
United States as goods originating in Canada. However, under paragraph
(b)(1)(i) of this section the value of those materials for purposes of
applying the value-content requirement is limited to the price paid for
those materials imported from the third country plus any costs added
thereto under paragraph (b)(1)(ii) of this section. The following
examples will illustrate these principles.
Example 1. If an automobile producer in the United States or Canada
fabricates body panels wholly from third country steel coil, those body
panels can qualify as originating materials without having to satisfy a
value-content requirement because steel coil is classified in chapter 72
of the Harmonized System and body panels are classified in chapter 87
and the change in classification rules in chapter 87 do not incorporate
a value-content requirement in this context. Thus, the producer can
claim the body panels fabricated from the third country steel as
originating materials for purposes of the value-content requirement
applicable to the finished automobile which will be exported to the
United States. The value of those originating materials is the price
paid for the steel coil imported from the third country and used or
consumed in the production of the body panels.
Example 2. An automobile exporter in Canada purchases and imports
body panels fabricated in a third country in order to join them with
vertically (locally) fabricated body panels to form an automobile body.
If the body qualifies as an originating material, the exporter has two
options. Under the first option, the exporter can claim the body as
originating material, in which case the value of originating material is
the price paid for the foreign body panels. Under the second option, the
exporter may elect not to claim the body as originating material; but,
rather, the exporter may claim as originating material any domestic
steel coil used in producing the vertically (locally) fabricated body
panels, in which case the value of originating material is the price
paid for the domestic steel coil.
[[Page 161]]
(c) Value of goods when exported. The term ``value of the goods when
exported to the United States'' means the aggregate of:
(1) The price paid by the producer for all materials, whether or not
the materials originate in the United States, or Canada, or both, and,
when not included in the price paid for the materials, the following
costs related thereto:
(i) Freight, insurance, packing, and all other costs incurred in
transporting all materials to the location of the producer;
(ii) Duties, taxes, and brokerage fees on all materials paid in the
United States, or Canada, or both;
(iii) The cost of waste or spoilage resulting from the use or
consumption of such materials, less the value of renewable scrap or by-
product; and
(iv) The value of goods and services relating to all materials
determined in accordance with subparagraph 1(b) of Article 8 of the
Agreement on Implementation of Article VII of the General Agreement on
Tariffs Trade; and
(2) The direct cost of processing or the direct cost of assembling
the goods.
[T.D. 92-8, 57 FR 2453, Jan. 22, 1992; 57 FR 4793, Feb. 7, 1992, as
amended by T.D. 92-98, 57 FR 46504, Oct. 9, 1992]
Sec. 10.306 Direct shipment to the United States.
Goods shall be considered as directly shipped to the United States
from Canada for the purpose of eligibility for preferences under the
Agreement only under the following circumstances:
(a) Through shipment. The goods have been shipped directly from
Canada to the United States without passage through the territory of any
third country; or
(b) Shipment through a third country. The goods were shipped through
the territory of a third country but:
(1) The goods did not enter the commerce of any third country;
(2) The goods did not undergo any operation other than unloading,
reloading, or any operation necessary to transport them to the United
States or to preserve them in good condition; and
(3) All shipping and export documents show the United States as the
final destination.
Sec. 10.307 Documentation.
(a) Claims for a preference. A preference in accordance with the
Agreement may be claimed by including on the entry summary, or
equivalent documentation, the symbol ``CA'' as a prefix to the
subheading of the HTSUS under which each eligible good is classified.
(b) Failure to claim a preference. Failure to make a timely claim
for a preference under the Agreement will result in liquidation at the
rate which would otherwise be applicable.
(c) Documentation showing origin. A claim for a preference under the
Agreement shall be based on the Exporter's Certificate of Origin,
properly completed and signed by the person who exports or knowingly
causes the goods to be exported from Canada. The Exporter's Certificate
of Origin must be available at the time the preference is claimed and
shall be presented to the port director upon request.
(d) Exporter's Certificate of Origin--(1) General. The Exporter's
Certificate of Origin shall be prepared on Customs Form 353. In lieu of
the Customs Form 353, the exporter may use an approved computerized
format or such other format as is approved by the Headquarters, U.S.
Customs Service, Office of Trade Operations, Washington, DC 20229.
Alternative formats must contain the same information and certification
set forth on Customs Form 353.
(2) Blanket certifications. A blanket Exporter's Certificate of
Origin, not to exceed a period of 12 months, issued for goods claimed as
originating goods under the Agreement, can only be used if the
certifying exporter is able to verify that the goods in each shipment to
be covered by the blanket certification actually qualify for treatment
under the Agreement. A blanket certification does not allow an exporter
to average its costs over the blanket certification period in order to
establish that the exported goods meet the criteria for originating
goods under the Agreement. Under Sec. 10.308, the exporter must retain
supporting records that will permit a review of the eligibility
[[Page 162]]
of the goods in each shipment covered by a blanket certification.
(e) Exceptions to documentation requirements. Exceptions to the
foregoing documentation requirements may be authorized at the discretion
of the port director in the following circumstances:
(1) Exception for informal entries. As set forth in paragraphs
(e)(1) (i) and (ii) of this section, an Exporter's Certificate of Origin
may be waived in connection with an entry entitled to informal entry
procedures as authorized in Secs. 143.21 and 143.22 of this chapter if:
(i) Commercial goods which qualify for informal entry. The invoice,
or an appropriate Customs release document, for commercial goods which
qualify both for informal entry and a preference must include the
following statement, on the invoice or appropriate Customs document:
I hereby certify that the goods described herein are eligible for a
preference based upon the rules of origin enumerated in the United
States-Canada Free-Trade Agreement.
Check One:
( ) Manufacturer
( ) Supplier
( ) Exporter
_______________________________________________________________________
Signature
_______________________________________________________________________
Title
Date:___________________________________________________________________
(ii) Noncommercial goods which qualify for informal entry. The
importation of goods from Canada by a person for noncommercial use may
be exempt from documentation requirements if the goods are legally
marked ``Made in Canada'', or it can otherwise be shown that they are
originating goods under the Agreement and there is no evidence to the
contrary.
(2) Waiver of evidence of direct shipment. The port director may
waive the submission of evidence of direct shipment when otherwise
satisfied, taking into consideration the kind and value of the goods,
that the goods were, in fact, imported directly from Canada, and that
they otherwise qualify for a preference in accordance with the
Agreement.
[T.D. 89-3, 53 FR 51766, Dec. 23, 1988, as amended by T.D. 92-8, 57 FR
2455, Jan. 22, 1992]
Sec. 10.308 Records retention.
(a) Importer. The importer of record shall retain the exporter's
certificate of origin required by Sec. 10.307(d) for a period of 5 years
and it must be made available upon request by the appropriate Customs
official.
(b) Exporter. Any person who exports, or who knowlingly causes to be
exported, any merchandise to Canada shall make, keep, and render for
examination and inspection, such records (including certifications of
origin or copies thereof), which pertain to such exportation for a
period of 5 years from the date of exportation. In the event that the
appropriate Customs official requests submission of the records, they
shall be submitted directly to the requesting official.
Sec. 10.309 Verification of documentation.
Any evidence of country of origin or of direct shipment submitted in
support of a preference under the Agreement shall be subject to such
verification as the appropriate Customs official may deem necessary. If
the U.S. importer or U.S. exporter or their agent does not provide the
information requested by the appropriate Customs officer, the port
director may refuse to grant the claim for preference, in addition to
other available sanctions.
Sec. 10.310 Election to average for motor vehicles.
(a) Election. In determining whether a motor vehicle is originating
for purposes of the preferences under the Agreement or a Canadian
article under the Automotive Products Trade Act of 1965 (APTA), a
manufacturer may elect to average, over its 12-month financial year, its
calculation of the value-content requirement for vehicles of the same
class or sister vehicles which are assembled in the same plant as
provided for in the Agreement. A manufacturer must declare its election
to average before the importation of any vehicles produced within the
identified 12-month period. The election to average is subject to the
conditions and requirements set forth in Secs. 10.310 and 10.311.
(b) Effect of election. An election to average shall be binding at
the time of
[[Page 163]]
the first entry of vehicles for which the election has been made and
shall remain binding for the plant for the entire period covered by the
election. If a manufacturer's annual report, required by Sec. 10.311,
does not verify the claim that the vehicles are originating goods under
the Agreement or Canadian articles under APTA, or if a manufacturer
otherwise fails to comply with the reporting requirements, entries of
the vehicles identified in the averaging declaration will be subject to
liquidation in accordance with the rate of duty which would otherwise
apply.
(c) Election in lieu of certificate of origin. In lieu of the
Exporter's Certificate of Origin required in Sec. 10.307(c), an importer
of vehicles covered by an election to average under this section may
have its claim for preference based on a copy of the declaration of
election.
[T.D. 89-3, 53 FR 51766, Dec. 23, 1988, as amended by T.D. 92-8, 57 FR
2455, Jan. 22, 1992]
Sec. 10.311 Documentation for election to average for motor vehicles.
A manufacturer who elects to average for motor vehicles shall submit
a declaration of election to average, quarterly reports, and an annual
report in the form and manner as follows:
(a) Declaration of election. A declaration of election to average,
signed by an authorized company official, shall be submitted by the
manufacturer to the U.S. Customs Service, Regulatory Audit Division,
Detroit, Michigan 48226-2568 on Customs Form 355, Declaration of
Election to Average.
(b) Quarterly Report. A quarterly report shall be submitted to the
Regulatory Audit Division, at the above address, on Customs Form 356,
Vehicle Cost Report (Quarterly), within 30 days after the end of each
quarter. In lieu of the Customs Form 356, the manufacturer may submit
the information required on the form in an approved computerized format
or such other format as is approved by the U.S. Customs Service,
Regulatory Audit Division, Detroit, Michigan 48226-2568. Alternative
formats must contain the same information set forth on the Customs Form
356. Negative quarterly reports are required.
(c) Annual Report. An annual report shall be submitted to the U.S.
Customs Service, Regulatory Audit Division, Detroit, Michigan 48226-
2568, on Customs Form 357, Vehicle Cost Report (Annual), within 90 days
of the end of the financial year identified in the Election to Average,
Customs Form 355. In lieu of the Customs Form 357, Vehicle Cost Report
(Annual), the manufacturer may submit the information required on the
form in an approved computerized format or such other format as is
approved by the U.S. Customs Service, Regulatory Audit Division,
Detroit, Michigan 48226-2568. Alternative formats must contain the same
information set forth on Customs Form 357.