[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR4.7]
[Page 11-13]
TITLE 19--CUSTOMS DUTIES
CHAPTER I--UNITED STATES CUSTOMS SERVICE, 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) In addition to 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) For any vessel subject to paragraph (a) of this section, except
for any vessel exclusively carrying bulk or break bulk cargo as
prescribed in paragraph (b)(4) of this section, Customs must receive
from the carrier the vessel's Cargo Declaration, Customs Form 1302, or a
Customs-approved electronic equivalent, 24 hours before such cargo is
laden aboard the vessel at the foreign port (see Sec. 4.30(n)(1)).
Participants in the Vessel Automated Manifest System (AMS) are required
to provide the vessel's cargo declaration electronically.
(3)(i) Where a non-vessel operating common carrier (NVOCC), as
defined in 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,
if automated, 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
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freight forwarders as defined in part 112 of this chapter.
(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
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.
(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
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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
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]