19 Cfr 4.85

§ 4.85

19 CFR Ch. I (4–1–11 Edition)

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 § 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
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 §§ 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 § 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 § 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]

§ 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 § 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:
llllllllllllllllllllllll
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,
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]

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U.S. Customs and Border Protection, DHS; Treasury

§ 4.85

quired 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 § 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:

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.
llll
Signature and title

(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 re-

Vessel on an inward foreign voyage with
residue cargo/passengers for llll. 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
§ 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

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§ 4.86

19 CFR Ch. I (4–1–11 Edition)

which the vessel will depart directly
for a foreign port.

§ 4.87 Vessels proceeding foreign via
domestic ports.
(a) Any foreign vessel or documented
vessel with a registry 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 § 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 § 4.61, the port director will grant the permit to proceed by
making the endorsement prescribed by
§ 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.

[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]

§ 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
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 § 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]

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