19 CFR 4.7 and 19 USC 1499

[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: 19CFR4.7]

[Page 13-16]

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. 4.7 Inward foreign manifest; production on demand; contents and

form; advance filing of cargo declaration.

(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)(1) With the exception of any Cargo Declaration that has been

filed in advance as prescribed in paragraph (b)(2) of this section, the

original and one copy of the manifest must 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.

(2) Subject to the effective date provided in paragraph (b)(5) of

this section, and with the exception of any bulk or authorized break

bulk cargo as prescribed in paragraph (b)(4) of this section, Customs

and Border Protection (CBP) must receive from the incoming carrier, for

any vessel covered under paragraph (a) of this section, the CBP-approved

electronic equivalent of the vessel's Cargo Declaration (Customs Form

1302), 24 hours before the cargo is laden aboard the vessel at the

foreign port (see Sec. 4.30(n)(1)). The current approved system for

presenting electronic cargo declaration information to CBP is the Vessel

Automated Manifest System (AMS).

(3)(i) Where a non-vessel operating common carrier (NVOCC), as

defined in

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paragraph (b)(3)(ii) of this section, delivers cargo to the vessel

carrier for lading aboard the vessel at the foreign port, the NVOCC, if

licensed by or registered with the Federal Maritime Commission and in

possession of an International Carrier Bond containing the provisions of

Sec. 113.64 of this chapter, may electronically transmit the

corresponding required cargo manifest information directly to Customs

through the Vessel Automated Manifest System (AMS) that must be received

24 or more hours before the related cargo is laden aboard the vessel at

the foreign port (see Sec. 113.64(c) of this chapter); in the

alternative, the NVOCC must fully disclose and present the required

manifest information for the related cargo to the vessel carrier which,

is required to present this information to Customs via the vessel AMS

system.

(ii) A non-vessel operating common carrier (NVOCC) means a common

carrier that does not operate the vessels by which the ocean

transportation is provided, and is a shipper in its relationship with an

ocean common carrier. The term ``non-vessel operating common carrier''

does not include freight forwarders as defined in part 112 of this

chapter.

(iii) Where the party electronically presenting to CBP the cargo

information required in Sec. 4.7a(c)(4) receives any of this

information from another party, CBP will take into consideration how, in

accordance with ordinary commercial practices, the presenting party

acquired such information, and whether and how the presenting party is

able to verify this information. Where the presenting party is not

reasonably able to verify such information, CBP will permit the party to

electronically present the information on the basis of what the party

reasonably believes to be true.

(4) Carriers of bulk cargo as specified in paragraph (b)(4)(i) of

this section and carriers of break bulk cargo to the extent provided in

paragraph (b)(4)(ii) of this section are exempt with respect to that

cargo from the requirement set forth in paragraph (b)(2) of this section

that a cargo declaration be filed with Customs 24 hours before such

cargo is laden aboard the vessel at the foreign port. Any carriers of

bulk or break bulk cargo that are exempted from the filing requirement

of paragraph (b)(2) of this section must present their cargo

declarations to Customs 24 hours prior to arrival in the U.S. if they

are participants in the vessel AMS program, or upon arrival if they are

non-automated carriers. These carriers must still report 24 hours in

advance of loading any containerized or non-qualifying break bulk cargo

they will be transporting.

(i) A carrier is exempt from the filing requirement of paragraph

(b)(2) of this section with respect to the bulk cargo it is

transporting. Bulk cargo is defined for purposes of this section as

homogeneous cargo that is stowed loose in the hold and is not enclosed

in any container such as a box, bale, bag, cask, or the like. Such cargo

is also described as bulk freight. Specifically, bulk cargo is composed

of either:

(A) Free flowing articles such as oil, grain, coal, ore, and the

like, which can be pumped or run through a chute or handled by dumping;

or

(B) Articles that require mechanical handling such as bricks, pig

iron, lumber, steel beams, and the like.

(ii) A carrier of break bulk cargo may apply for an exemption from

the filing requirement of paragraph (b)(2) of this section with respect

to the break bulk cargo it will be transporting. For purposes of this

section, break bulk cargo is cargo that is not containerized, but which

is otherwise packaged or bundled.

(A) To apply for an exemption, the carrier must submit a written

request for exemption to the U.S. Customs Service, National Targeting

Center, 1300 Pennsylvania Ave., NW., Washington, DC 20229. Until an

application for an exemption is granted, the carrier must comply with

the 24 hour advance manifest requirement set out in paragraph (b)(2) of

this section. The written request for exemption must clearly set forth

information such that Customs may assess whether any security concerns

exist, such as: The carrier's IRS number; the source, identity and means

of the packaging or bundling of the commodities being shipped; the ports

of call, both foreign and domestic; the number of vessels the carrier

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uses to transport break bulk cargo, along with the names of these

vessels and their International Maritime Organization numbers; and the

list of the carrier's importers and shippers, identifying any who are

members of C-TPAT (The Customs-Trade Partnership Against Terrorism).

(B) Customs will evaluate each application for an exemption on a

case by case basis. If Customs, by written response, provides an

exemption to a break bulk carrier, the exemption is only applicable

under the circumstances clearly set forth in the application for

exemption. If circumstances set forth in the approved application

change, it will be necessary to submit a new application.

(C) Customs may rescind an exemption granted to a carrier at any

time.

(5) Within 90 days of December 5, 2003, all ocean carriers, and

NVOCCs electing to participate, must be automated on the Vessel AMS

system at all ports of entry in the United States.

(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.

(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.

(e) Failure to provide manifest information; penalties/liquidated

damages. Any master who fails to provide manifest information as

required by this section, or who presents or transmits electronically

any document required by this section that is forged, altered or false,

or who fails to present or transmit the information required by this

section in a timely manner, may be liable for civil penalties as

provided under 19 U.S.C. 1436, in addition to penalties applicable under

other provisions of law. In addition, if any non-vessel operating common

carrier (NVOCC) as defined in paragraph (b)(3)(ii) of this section

elects to transmit cargo manifest information to Customs electronically

and fails to do so in the manner and in the time period required by

paragraph (b)(3)(i) of this section, or electronically transmits any

false, forged or altered document, paper, manifest or data to Customs,

such NVOCC may be liable for the payment of liquidated damages as

provided in Sec. 113.64(c) of this chapter, in addition to any other

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penalties applicable under other provisions of law.

[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; T.D. 02-62, 67 FR 66331, Oct. 31, 2002; 68 FR 1801, Jan.

14, 2003; CBP Dec. 03-32, 68 FR 68168, Dec. 5, 2003]

TITLE 19 > CHAPTER 4 > SUBTITLE III > Part II > § 1433
§ 1433. Report of arrival of vessels, vehicles, and aircraft
Release date: 2004-08-06
(a) Vessel arrival (1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of— (A) any vessel from a foreign port or place; (B) any foreign vessel from a domestic port; (C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or (D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea; the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations. (2) The Secretary may by regulation— (A) prescribe the manner in which arrivals are to be reported under paragraph (1); and (B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival. (b) Vehicle arrival (1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary. (2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall— (A) report the arrival; and (B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection; to the customs officer at the customs facility designated for that crossing point. (c) Aircraft arrival The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe. (d) Presentation of documentation The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic data interchange system, to the Customs Service such information, data, documents, papers, or manifests as the Secretary may by regulation prescribe. (e) Prohibition on departures and discharge Unless otherwise authorized by law, a vessel, aircraft or vehicle after arriving in the United States or Virgin Islands may, but only in accordance with regulations prescribed by the Secretary— (1) depart from the port, place, or airport of arrival; or (2) discharge any passenger or merchandise (including baggage).