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e-CFR
Data is current as of February 7, 2012

Title 19:
Customs Duties
PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES

Landing and Delivery of Cargo

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§ 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 shown on the
Cargo Declaration, Customs Form 1302, of the importing vessel, provided
the importing vessel actually entered the port of
destination.67

67 See §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 §113.64 of this chapter. The items shall be
remanifested outward and an explanatory reference of the attending
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]

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