19 Cfr 4.87

§ 4.86

19 CFR Ch. I (4–1–12 Edition)
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.

(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
which the vessel will depart directly
for a foreign port.

[T.D. 77–255, 42 FR 56323, Oct 25, 1977]

§ 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

[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

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U.S. Customs and Border Protection, DHS; Treasury
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 § 4.61.
(f) If a complete Cargo Declaration
Outward With Commercial Forms, Customs Form 1302–A (see § 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 § 4.75, subject to the limitation
specified in § 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 § 4.63), and
the export declarations to cover the
cargo laden for export at that port.

§ 4.88

§ 4.88 Vessels with residue cargo for
foreign ports.
(a) Any foreign vessel or documented
vessel with a registry 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 § 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
(b) The port director shall designate
the items of such merchandise, if any,
for which foreign landing certificates 120 will be required.
(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 § 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
§ 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
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)
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)

[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; CBP Dec. 08-25, 73 FR
40725, July 16, 2008]

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