Supporting Laws and Regulations

TITLE 19--CUSTOMS DUTIES

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

HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

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 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. The

arriving carrier (or other party to whom custody of the merchandise was

transferred by the arriving carrier under a Customs-authorized permit to

transfer or in-bond entry) is responsible for preparing a Customs Form

(CF) 6043 (Delivery Ticket), or other similar Customs document

designated by the port director or an electronic equivalent as

authorized by Customs, to cover the proprietor's receiptof the

merchandise and its transport to the warehouse from the custody of the

arriving carrier (or other party to whom custody of the merchandise was

transferred by the carrier under a Customs-authorized permit to transfer

or in-bond entry) (see Sec. 19.9 of this chapter). 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

[[Page 41]]

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 Sec. Sec. 113.63(b), 113.63(c) and 113.64(b) of

this chapter).

(d) If a carrier or any other party to whom custody of the unentered

merchandise has been transferred by means of a Customs-authorized permit

to transfer or in-bond entry fails to timely relinquish custody of the

merchandise to a Customs-approved bonded General Order warehouse, the

carrier or other party may be liable for liquidated damages equal to the

value of that merchandise under the terms and conditions of his

international carrier or custodial bond, as applicable.

(e) 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). If the port director finds

that the warehouse operator cannot accept the goods because they are

required by law to be exported or destroyed (see Sec. 127.28 of this

chapter), or for other good cause, the goods will remain in the custody

of the arriving carrier or other party to whom the goods have been

transferred under a Customs-authorized permit to transfer or in-bond

entry. In this event, the carrier or other party will be responsible

under bond for exporting or destroying the goods, as necessary (see

Sec. Sec. 113.63(c)(3) and 113.64(b) of this chapter).

(f) 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.

(g) 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.

(h) 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, as amended by T.D. 02-65, 67

FR 68032, Nov. 8, 2002]

[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2004]

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

[CITE: 19CFR122.50]

[Page 583-585]

TITLE 19--CUSTOMS DUTIES

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

HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 122_AIR COMMERCE REGULATIONS--Table of Contents

Subpart E_Aircraft Entry and Entry Documents

Sec. 122.50 General order merchandise.

(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 pilot or owner of the aircraft 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 pilot or owner of the aircraft 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

[[Page 584]]

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 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. The

arriving carrier (or other party to whom custody of the merchandise was

transferred by the carrier under a Customs-authorized permit to transfer

or in-bond entry) is responsible for preparing a Customs Form (CF) 6043

(Delivery Ticket), or other similar Customs document as designated by

the port director or an electronic equivalent as authorized by Customs,

to cover the proprietor's receipt of the merchandise and its transport

to the warehouse from the custody of the arriving carrier (or other

party to whom custody of the merchandise was transferred by the carrier

under a Customs-authorized permit to transfer or in-bond entry) (see

Sec. 19.9 of this chapter). Any unentered merchandise or baggage shall

remain the responsibility of the carrier, pilot, or person in charge of

the importing aircraft, 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

Sec. Sec. 113.63(b), 113.63(c) and 113.64(b) of this chapter).

(d) If 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 fails to timely relinquish custody

of the merchandise to a Customs-approved bonded General Order warehouse,

the carrier or other party may be liable for liquidated damages equal to

the value of that merchandise under the terms and conditions of his

international carrier or custodial bond, as applicable.

(e) 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). If the port director finds

that the warehouse proprietor cannot accept the goods because they are

required by law to be exported or destroyed (see Sec. 127.28 of this

chapter), or for other good cause, the goods will remain in the custody

of the arriving carrier or other party to whom the goods have been

transferred

[[Page 585]]

under a Customs-authorized permit to transfer or in-bond entry. In this

event, the carrier or other party will be responsible under bond for

exporting or destroying the goods, as necessary (see Sec. Sec.

113.63(c)(3) and 113.64(b) of this chapter).

(f) In ports where there is no bonded warehouse authorized to accept

general order merchandise, or if merchandise requires specialized

storage facilities that 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.

(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

aircraft arrived, to be held there at the risk and expense of the

consignee.

[T.D. 98-74, 63 FR 51288, Sept. 25, 1998, as amended by T.D. 02-65, 67

FR 68033, Nov. 8, 2002]

[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2004]

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

[CITE: 19CFR123.10]

[Page 625-626]

TITLE 19--CUSTOMS DUTIES

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

HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 123_CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents

Subpart A_General Provisions

Sec. 123.10 General order merchandise.

(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 owner or operator of the vehicle 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 owner or operator of the vehicle 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 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. The

arriving carrier (or other party to whom custody of the merchandise was

transferred by the carrier under a Customs-authorized permit to transfer

or in-bond entry) is responsible for preparing a Customs Form (CF) 6043

(Delivery Ticket), or other similar Customs document as designated by

the port director or an electronic equivalent as authorized by Customs,

to cover the proprietor's receipt of the merchandise and its transport

to the warehouse from the custody of the arriving carrier (or other

party to whom custody of the merchandise was transferred by the carrier

under a Customs-authorized permit to transfer or in-bond entry) (see

Sec. 19.9 of this chapter). Any unentered merchandise or baggage shall

remain the responsibility of the carrier, master, or person in charge of

the importing vehicle 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

[[Page 626]]

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 Sec. Sec. 113.63(b), 113.63(c) and 113.64(b) of

this chapter).

(d) If 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 fails to timely relinquish custody

of the merchandise to a Customs-approved bonded General Order warehouse,

the carrier or other party may be liable for liquidated damages equal to

the value of that merchandise under the terms and conditions of his

international carrier or custodial bond, as applicable.

(e) 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). If the port director finds

that the warehouse proprietor cannot accept the goods because they are

required by law to be exported or destroyed (see Sec. 127.28 of this

chapter), or for other good cause, the goods will remain in the custody

of the arriving carrier or other party to whom the goods have been

transferred under a Customs-authorized permit to transfer or in-bond

entry. In this event, the carrier or other party will be responsible

under bond for exporting or destroying the goods, as necessary (see

Sec. Sec. 113.63(c)(3) and 113.64(b) of this chapter).

(f) 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.

(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

vehicle arrived, to be held there at the risk and expense of the

consignee.

[T.D. 98-74, 63 FR 51289, Sept. 25, 1998, as amended by T.D. 02-65, 67

FR 68033, Nov. 8, 2002]

TITLE 19 > CHAPTER 4 > SUBTITLE III > Part III > § 1490
§ 1490. General orders
Release date: 2004-08-06
(a) Incomplete entry (1) Whenever— (A) the entry of any imported merchandise is not made within the time provided by law or by regulation prescribed by the Secretary; (B) the entry of imported merchandise is incomplete because of failure to pay the estimated duties, fees, or interest; (C) in the opinion of the Customs Service, the entry of imported merchandise cannot be made for want of proper documents or other cause; or (D) the Customs Service believes that any merchandise is not correctly and legally invoiced; the carrier (unless subject to subsection (c) of this section) shall notify the bonded warehouse of such unentered merchandise. (2) After notification under paragraph (1), the bonded warehouse shall arrange for the transportation and storage of the merchandise at the risk and expense of the consignee. The merchandise shall remain in the bonded warehouse until— (A) entry is made or completed and the proper documents are produced; (B) the information and data necessary for entry are transmitted to the Customs Service pursuant to an authorized electronic data interchange system; or (C) a bond is given for the production of documents or the transmittal of data. (b) Request for possession by Customs At the request of the consignee of any merchandise, or of the owner or master of the vessel or the person in charge of the vehicle in which the same is imported, any merchandise may be taken possession of by the Customs Service after the expiration of one day after the entry of the vessel or report of the vehicle and may be unladen and held at the risk and expense of the consignee until entry thereof is made. (c) Government merchandise Any imported merchandise that— (1) is described in any of subparagraphs (A) through (D) of subsection (a)(1) of this section; and (2) is consigned to, or owned by, the United States Government; shall be stored and disposed of in accordance with such rules and procedures as the Secretary shall by regulation prescribe.