19 Cfr 4.81

§ 4.81

19 CFR Ch. I (4–1–12 Edition)
porting merchandise to a port in
noncontinguous territory. 111
(b) When the facts are as above stated except that the vessel is carrying
bonded merchandise, the master shall
report its arrival as provided for in
§ 4.2.
(c) [Reserved]
(d) The traveling Crew’s Effects Declaration, Customs Form 1304, or Customs and Immigration Form I–418 with
attached Customs Form 5129, referred
to in § 4.85 (b), (c), and (e) shall be deposited with the port director upon arrival at each port in the United States
and finally surrendered to the appropriate Customs officer or director of
the port where the vessel first departs
directly for a foreign port.
(e) Before any foreign vessel departs
in ballast, or solely with articles to be
transported in accordance with § 4.93,
from any port in the United States for
any other such port, the master must
apply to the port director for a permit
to proceed by filing a Vessel Entrance
or Clearance Statement, Customs
Form 1300, in duplicate. If a vessel is
proceeding in ballast and therefore the
Cargo Declaration (Customs Form 1302)
is omitted, the words ‘‘No merchandise
on board’’ shall be inserted in item 16
of the Vessel Entrance or Clearance
Statement. However, articles to be
transported in accordance with § 4.93
must be manifested on the Cargo Declaration, as required by § 4.93(c). Three
copies of the Cargo Declaration must
be filed with the port director. When
the port director grants the permit by
making an appropriate endorsement on
the Vessel Entrance or Clearance
Statement (see § 4.85(b)), the duplicate
copy, together with two copies of the
Cargo Declaration covering articles to
be transported in accordance with
§ 4.93, must be returned to the master.
The traveling Crew’s Effects Declaration, Customs Form 1304, and all unused crewmembers’ declarations on
Customs Form 5129 will be placed in a
sealed envelope addressed to the appropriate Customs officer at the next intended domestic port and returned to
the master for delivery. The master
must execute a receipt for all unused

coastwise transportation of merchandise takes place, within the meaning of
the coastwise laws, when merchandise
laden at a point embraced within the
coastwise laws (‘‘coastwise point’’) is
unladen at another coastwise point, regardless of the origin or ultimate destination of the merchandise. However,
merchandise is not transported coastwise if at an intermediate port or place
other than a coastwise point (that is at
a foreign port or place, or at a port or
place in a territory or possession of the
United States not subject to the coastwise laws), it is manufactured or processed into a new and different product,
and the new and different product
thereafter is transported to a coastwise
point.
(b) Request for ruling. Interested parties may request an advisory ruling
from Headquarters, U.S. Customs and
Border Protection, Attention: Cargo
Security, Carriers & Immigration
Branch, Office of International Trade,
as to whether a specific action taken or
to be taken with respect to merchandise at the intermediate port or place
will result in its becoming a new and
different product for purposes of this
section. The request shall be filed in
accordance with the provisions of part
177 of this chapter.
[T.D. 79–193, 44 FR 42178, July 19, 1979, as
amended by T.D. 91–77, 56 FR 46114, Sept. 10,
1991; 56 FR 47268, Sept. 18, 1991; T.D. 99–27, 64
FR 13675, Mar. 22, 1999]

§ 4.81 Reports of arrivals and departures in coastwise trade.
(a) No vessel which is documented
with a coastwise license or registry endorsement or is owned by a citizen and
exempt from documentation, and
which is in ballast or laden only with
domestic products or passengers being
carried only between points in the
United States shall be required to report arrival or to enter when coming
into one port of the United States from
any other such port, except as provided
for in sections 4.83 and 4.84, nor to obtain a clearance, permit to proceed, or
permission to depart when going from
one port in the United States to any
other such port except when trans-

111 See

§ 4.84.

112-114 [Reserved]

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U.S. Customs and Border Protection, DHS; Treasury
crewmembers’ declarations which are
returned to him. Immediately upon arrival at the next United States port the
master must report his arrival to the
port director. He must make entry
within 48 hours by filing with the port
director the permit to proceed on the
Vessel Entrance or Clearance Statement received at the previous port, a
newly executed Vessel Entrance or
Clearance Statement, a Crew’s Effects
Declaration of all unentered articles
acquired abroad by crewmembers
which are still on board, a Ship’s
Stores Declaration, Customs Form
1303, in duplicate of the stores remaining on board, both copies of the Cargo
Declaration covering articles transported in accordance with § 4.93, and
the document of the vessel. The traveling Crew’s Effects Declaration and
all unused crewmembers’ declarations
on Customs Form 5129 returned at the
prior port to the master must be delivered by him to the appropriate Customs officer.
(f) The master, licensed deck officer,
or purser who enters or clears a vessel,
or who obtains permission for a vessel
to depart, when required under the provisions of this section or of §§ 4.82, 4.84,
4.85, 4.87, 4.89, or 4.91 of the regulations
of this part, may appear in person at
the customhouse for that purpose, or
any required oaths, related documents,
and other papers properly executed by
the master or other proper officer may
be delivered at the customhouse by the
vessel agent or other personal representative of the master.
(g) In lieu of the procedures stated in
§§ 4.85 and 4.87 and at the option of the
owner or operator, unmanned non-selfpropelled barges specifically designed
for carriage aboard a vessel and regularly carried aboard a vessel in the foreign trade, hereinafter referred to as
LASH-type barges, may move under a
simplified permit-to-proceed procedure
as follows:
(1) At the port where a LASH-type
barge begins a coastwise movement
with inward foreign cargo, a permit to
proceed on the Vessel Entrance or
Clearance Statement, Customs Form
1300, must be obtained. A single permit
to proceed may be used for all the
barges proceeding to the same port of
unlading in the same town. An inward

§ 4.81

foreign manifest of the cargo in each
barge, destined to the port of unlading
shown on the permit to proceed, must
be attached to each permit. At the port
of unlading of the barge, report of arrival and entry must be made immediately upon arrival to the appropriate
Customs officer by presentation of the
permit to proceed, manifests, and a
new Vessel Entrance or Clearance
Statement, Customs Form 1300. If only
part of the inward foreign cargo is unladen, a new permit to proceed must be
obtained and the inward foreign manifests must be attached to it.
(2) At the port where a LASH-type
barge begins a coastwise movement
with export cargo, a permit to proceed
on the Vessel Entrance or Clearance
Statement, Customs Form 1300, must
be presented to the appropriate Customs officer. A single permit to proceed may be presented for all the
barges proceeding from the same port
of lading in the same tow. Required
shipper’s
export
declarations
for
LASH-type barges must be filed at the
port where the barges will be taken
aboard a barge-carrying vessel. At the
next port, a report of arrival must be
made immediately upon arrival and
entry must be made within 48 hours by
presentation of the permit to proceed
received upon departure from the prior
port and a newly executed Vessel Entrance or Clearance Statement, Customs Form 1300.
(3) When foreign LASH-type barges
are proceeding between ports of the
United States under paragraph (e) of
this section, a single permit to proceed
may be used for all the barges proceeding to the same port in the same
tow.
(4) In lieu of the master of the towing
vessel executing and delivering documents required under permit-to-proceed procedures (see § 4.81(f)) at the
port where a LASH-type barge begins a
coastwise movement, the master of the
towing vessel may designate in writing
the owner or operator of the barges as
his representative with authority to
execute and deliver such documents at
the customhouse. The owner or operator of the barges may designate representatives to perform such functions
at ports or places where permit-to-proceed documents must be delivered.

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§ 4.81a

19 CFR Ch. I (4–1–12 Edition)
the continental United States and noncontiguous States, districts, territories, and possessions embraced within the coastwise laws. The permit to
proceed shall include a statement that
the unqualified LASH-type barge is
owned or leased by the owner or operator of the LASH-type barge from
which the merchandise was transferred.
(b) The following nations have been
found to extend privileges reciprocal to
those provided in paragraph (a) of this
section to LASH-type barges of the
United States:

Documents obtained from Customs officers at one place by such a representative may be forwarded by any suitable
means to the representative who must
present them to Customs officers at another place, the only requirement
being that the forms are properly completed and are presented within the
prescribed time periods. Moreover, instead of a written designation from
each master of a towing vessel, a blanket designation in writing from the
owner or operator of one or more towing vessels on behalf of masters of their
towing vessels, designating the owner
or operator of the barges to be the representative of the master for purposes
of executing and delivering permit-toproceed documents, is authorized.
(5) [Reserved]
(6) When a LASH-type barge is proceeding to a place in the United States
that is not a port of entry, § 101.4(a) and
(b) of this chapter are applicable. No
merchandise shall be unladen from a
LASH-type barge until a permit or special license therefor is obtained in accordance with § 4.30 except that a single
permit to unlade may be used for all
barges that arrived at the port of unlading in the same tow.

Federal Republic of Germany.
Netherlands.
Sweden.
Union of Soviet Socialist Republics.
[T.D. 74–63, 39 FR 6108, Feb. 19, 1974, as
amended by T.D. 74–292, 39 FR 41360, Nov. 27,
1974; T.D. 75–7, 39 FR 44660, Dec. 26, 1974; T.D.
75–315, 40 FR 58852, Dec. 19, 1975; T.D. 78–492,
43 FR 58814, Dec. 18, 1978]

§ 4.82 Touching at foreign port while
in coastwise trade.
(a) A United States documented vessel with a registry or, coastwise endorsement, or both which, during a
voyage between ports in the United
States, touches at one or more foreign
ports and there discharges or takes on
merchandise, passengers, baggages, or
mail shall obtain a permit to proceed
or clearance at each port of lading in
the United States for the foreign port
or ports at which it is intended to
touch. The Cargo Declaration Outward
With Commercial Forms, Customs
Form 1302–A (see § 4.63), shall show only
the cargo for foreign destination. (See
§§ 4.61 and 4.87.)
(b) The master shall also present to
the port director a coastwise Cargo
Declaration in triplicate of the merchandise to be transported via the foreign port or ports to the subsequent
ports in the United States. It shall describe the merchandise and show the
marks and numbers of the packages,
the names of the shippers and consignees, and the destinations. The port
director shall certify the two copies
and return them to the master. Merchandise carried by the vessel in bond
under a transportation entry and manifest, Customs Form 7512, shall not be

[28 FR 14596, Dec. 31, 1963, as amended by
T.D. 71–169, 36 FR 12604, July 2, 1971; T.D. 74–
63, 39 FR 6108, Feb. 19, 1974; T.D. 74–284, 39 FR
39718, Nov. 11, 1974; T.D. 75–315, 40 FR 58852,
Dec. 19, 1975; T.D. 77–241, 42 FR 54936, Oct. 12,
1977; T.D. 77–255, 42 FR 56322, Oct. 25, 1977;
T.D. 83–214, 48 FR 46512, Oct. 13, 1983; 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 16515,
Mar. 29, 2000]

§ 4.81a Certain barges carrying merchandise transferred from another
barge.
(a) A LASH-type barge (as defined in
§ 4.81(g)) documented as a vessel of the
United States but not qualified to engage in the coastwise trade or a LASHtype barge of a nation found to grant
reciprocal privileges to United Statesflag LASH-type barges may transport
inward foreign and export cargo between points embraced within the
coastwise laws of the United States
after the merchandise has been transferred to it from another LASH-type
barge owned or leased by the same
owner or operator. This section is not
applicable to transportation between

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