supporting CFR

§ 122.188

19 CFR Ch. I (4–1–05 Edition)

(f) Decision. After consideration of
the recommendation of the hearing officer and any additional written submissions and replies made under paragraph (e) of this section, the director of
field operations will render a written
decision. The decision will be transmitted to the port director and served
by the port director on the employee. A
decision on an appeal rendered under
this paragraph will constitute the final
administrative action on the matter.
[T.D. 02–40, 67 FR 48986, July 29, 2002; 67 FR
51928, Aug. 9, 2002; 67 FR 54023, Aug. 20, 2002]

§ 122.188 Issuance of temporary Customs access seal.
(a) Conditions for issuance. When an
approved Customs access seal is required under § 122.182(a) of this part and
the port director determines that the
application cannot be administratively
processed in a reasonable period of
time, an employer may, upon written
request, be issued a temporary Customs access seal for his employee. The
employer must satisfy the port director that a hardship would result if the
request is not granted. Surety on the
bond, as required by § 122.182(c), may be
waived in the discretion of the port director but only for the period of the
temporary Customs access seal and its
renewal period.
(b) Validation period. The temporary
Customs access seal shall be valid for a
period of 60 days. The port director
may renew the temporary Customs access seal for additional 30 day periods
where the circumstances under which
the temporary Customs access seal was
originally issued continue to exist. The
temporary Customs access seal shall be
destroyed by the port director when
the permanent approved Customs access seal is issued, or the privileges
granted thereby are withdrawn.
(c) Temporary employees and official
visitors. The provisions of this section
shall also apply to temporary employees and official visitors requiring access to the Customs security area. In
the case of temporary employees, the
Customs access seal shall be valid for a
period of 30 days. In the case of official
visitors, the temporary Customs access
seal shall be valid for the day of
issuance only. Temporary employee
and official visitor Customs access seal

are renewable for periods equal to their
original period of validity.
(d) Revocation of denial and access.
The temporary Customs access seal
may be revoked and access to the Customs security area denied at any time
if the holder of the temporary Customs
access seal refuses or neglects to obey
any proper order of a Customs officer,
or any Customs order, rule, or regulation, or if, in the judgment of the port
director, continuation of the privileges
granted thereby would endanger the
revenue or pose a threat to the Customs security area.
[T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as
amended by T.D. 02–40, 67 FR 48988, July 29,
2002]

§ 122.189 Bond liability.
Any failure on the part of a principal
to comply with the conditions of the
bond required under § 122.182(c), including a failure of an employer to comply
with any requirement applicable to the
employer under this subpart, will constitute a breach of the bond and may
result in a claim for liquidated damages under the bond.
[T.D. 02–40, 67 FR 48988, July 29, 2002]

PART 123—CUSTOMS RELATIONS
WITH CANADA AND MEXICO
Sec.
123.0

Scope.

Subpart A—General Provisions
123.1 Report of arrival from Canada or Mexico and permission to proceed.
123.2 Penalty for failure to report arrival or
for proceeding without a permit.
123.3 Inward foreign manifest required.
123.4 Inward foreign manifest forms to be
used.
123.5 Certification and filing of inward foreign manifest.
123.6 Train sheet for arriving railroad
trains.
123.7 Manifest used as an entry for unconditionally free merchandise valued not
over $250.
123.8 Permit or special license to unlade or
lade a vessel or vehicle.
123.9 Explanation of a discrepancy in a
manifest.
123.10 General order merchandise.

Subpart B—International Traffic
123.11

Supplies on international trains.

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Bureau of Customs and Border Protection, DHS, Treasury
123.12 Entry of foreign locomotives and
equipment in international traffic.
123.13 Foreign repairs to domestic locomotives and other domestic railroad
equipment.
123.14 Entry of foreign-based trucks, busses,
and taxicabs in international traffic.
123.15 Vehicles of foreign origin used between communities of the United States
and Canada or Mexico.
123.16 Entry of returning trucks, busses, or
taxicabs in international traffic.
123.17 Foreign repairs to domestic trucks,
busses, taxicabs and their equipment.
123.18 Equipment and materials for constructing bridges or tunnels between the
United States and Canada or Mexico.

Subpart C—Shipments In Transit Through
Canada or Mexico
123.21 Merchandise in transit.
123.22 In-transit manifest.
123.23 Train sheet for in-transit rail shipments.
123.24 Sealing of conveyances or compartments.
123.25 Certification and disposition of manifests.
123.26 Transshipment of merchandise moving through Canada or Mexico.
123.27 Feeding and watering animals in Canada.
123.28 Merchandise remaining in or exported
to Canada or Mexico.
123.29 Procedure on arrival at port of reentry.

Subpart D—Shipments in Transit Through
the United States
123.31
123.32
123.33
123.34

Merchandise in transit.
Manifests.
[Reserved]
Certain vehicle and vessel shipments.

Subpart E—United States and Canada InTransit Truck Procedures
123.41 Truck shipments transiting Canada.
123.42 Truck shipments transiting the
United States.

Subpart F—Commercial Traveler’s Samples
in Transit Through the United States or
Canada
123.51 Commercial samples transported by
automobile through Canada between
ports in the United States.
123.52 Commercial samples transported by
automobile through the United States
between ports in Canada.

Subpart G—Baggage
123.61

Baggage arriving in baggage car.

Pt. 123

123.62 Baggage in possession of traveler.
123.63 Examination of baggage from Canada
or Mexico.
123.64 Baggage in transit through the
United States between ports in Canada
or in Mexico.
123.65 Domestic baggage transiting Canada
or Mexico between ports in the United
States.

Subpart H—Land Border Carrier Initiative
Program
123.71 Description of program.
123.72 Written agreement requirement.
123.73 Application to participate.
123.74 Notice of selection; appeal of determination.
123.75 Notice of revocation; appeal of decision.
123.76 Authorization by Customs for participants to use certain drivers.

Subpart I—Miscellaneous Provisions
123.81 Merchandise found in building on the
boundary.
123.82 Treatment of stolen vehicles returned
from Mexico.

Subpart J—Advance Information for Cargo
Arriving by Rail or Truck
123.91 Electronic information for rail cargo
required in advance of arrival.
123.92 Electronic information for truck
cargo required in advance of arrival.
AUTHORITY: 19 U.S.C. 66, 1202 (General Note
23, Harmonized Tariff Schedule of the United
States (HTSUS)), 1431, 1433, 1436, 1448, 1624,
2071 note.
Section 123.1 also issued under 19 U.S.C.
1459;
Section 123.2 also issued under 19 U.S.C.
1460;
Section 123.3 also issued under 19 U.S.C.
1459;
Section 123.4 also issued under 19 U.S.C.
1484, 1498;
Section 123.7 also issued under 19 U.S.C.
1498;
Section 123.8 also issued under 19 U.S.C.
1450–1454, 1459;
Section 123.9 also issued under 19 U.S.C.
1460, 1584, 1618;
Section 123.12 also issued under 19 U.S.C.
1202 (Chapter 86, Additional U.S. Note 1,
HTSUS), 1322;
Sections 123.13–123.18 also issued under 19
U.S.C. 1322;
Sections 123.21–123.23, 123.25–123.29, 123.41,
123.51 also issued under 19 U.S.C. 1554;
Section 123.24 also issued under 19 U.S.C.
1551;
Sections 123.31–123.34, 123.42, 123.52, 123.64
also issued under 19 U.S.C. 1553;

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§ 123.0

19 CFR Ch. I (4–1–05 Edition)

Section 123.63 also issued under 19 U.S.C.
1461, 1462;
Sections 123.71–123.76 also issued under 19
U.S.C. 1618;
Section 123.81 also issued under 19 U.S.C.
1595.
SOURCE: T.D. 70–121, 35 FR 8215, May 26,
1970, unless otherwise noted.

§ 123.0 Scope.
This part contains special regulations pertaining to Customs procedures
at the Canadian and Mexican borders.
Included are provisions governing report of arrival, manifesting, unlading
and lading, instruments of international traffic, shipments in transit
through Canada or Mexico or through
the United States, commercial traveler’s samples transiting the United
States or Canada, and baggage arriving
from Canada or Mexico including baggage transiting the United States or
Canada or Mexico. Aircraft arriving
from or departing for Canada or Mexico
are governed by the provisions of part
122 of this chapter. The arrival of all
vessels from, and clearance of all vessels departing for, Canada or Mexico
are governed by the provisions of part
4 of this chapter. Fees for services provided in connection with the arrival of
aircraft, vessels, vehicles and other
conveyances from Canada or Mexico
are set forth in § 24.22 of this chapter.
Regulations pertaining to the treatment of goods from Canada or Mexico
under the North American Free Trade
Agreement are contained in part 181 of
this chapter.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 88–12, 53 FR 9315, Mar. 22,
1988; T.D. 93–85, 58 FR 54286, Oct. 21, 1993; T.D.
93–96, 58 FR 67317, Dec. 21, 1993; T.D. 94–1, 58
FR 69471, Dec. 30, 1993; 59 FR 10283, Mar. 4,
1994]

Subpart A—General Provisions
§ 123.1 Report of arrival from Canada
or Mexico and permission to proceed.
(a) Individuals. Individuals arriving in
the United States, unless excepted by
voluntary enrollment in and compliance with PORTPASS—a joint Customs Service/Immigration and Naturalization Service facilitated entry
program (See, Immigration and Naturalization Regulations at 8 CFR 235.7),

must report their arrival to Customs,
and failure to report arrival may result
in the individual being liable for certain civil and criminal penalties, as
provided under 19 U.S.C. 1459, in addition to other penalties applicable under
other provisions of law. The specific reporting requirements are as follows:
(1) Individuals not arriving by conveyance. Persons arriving otherwise than
by conveyance may enter the U.S. only
at those locations specified by the
Commissioner of Customs, or his designee, and shall then immediately report their arrival to Customs. Such
persons shall not depart from the Customs port or station until authorized
to do so by the appropriate Customs officer.
(2) Persons arriving aboard a conveyance that reported its arrival. Persons
aboard a conveyance the arrival of
which has been reported to Customs at
locations specified by the Commissioner of Customs, or his designee in
accordance with section 1433, 1644 or
1644a of title 19, United States Code (19
U.S.C. 1433, 1644, 1644a), shall remain on
board until authorized by Customs to
depart, and shall then immediately report to the designated Customs facility
together with all articles accompanying them.
(3) Persons arriving aboard a conveyance that has not reported its arrival.
Persons aboard a conveyance the arrival of which has not been reported in
accordance with the laws referred to in
paragraph (a)(2) of this section, shall
immediately notify a Customs officer
and report their arrival, together with
appropriate information concerning
the conveyance on or in which they arrived, at a location or locations specified by the Commissioner of Customs,
or his designee and shall present themselves and their property for Customs
inspection and examination.
(b) Vehicles. Vehicles may arrive in
the U.S. only at a designated port of
entry (see § 101.3 of this chapter) or
Customs station if the Commissioner of
Customs, or his designee authorizes
entry at that station (see § 101.4 of this
chapter). Upon arrival of the vehicle in
the U.S., the driver, unless he or she
and all of the vehicle’s occupants are

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Bureau of Customs and Border Protection, DHS, Treasury
excepted by enrollment in, and in compliance with, PORTPASS—a joint Customs Service/Immigration and Naturalization Service facilitated entry
program (See, Immigration and Naturalization Regulations at 8 CFR 235.1
and 286.8), immediately shall report
such arrival to Customs, and shall not
depart or discharge any passenger or
merchandise (including baggage) without authorization by the appropriate
Customs officer.
(c) Vessels. For report of arrival requirements applicable to all vessels, regardless of tonnage, and arriving from
any location, see § 4.2 of this chapter.
(d) Method of reporting. Report of arrival under paragraphs (a), (b), and (c)
of this section shall be made in person
unless the port director, by local instructions, requires that it be made by
some other specific means. Such local
instructions issued by the port director
will be made available to interested
parties by posting in Customs offices,
publication in a newspaper of general
circulation in the Customs port that
supervises the location, and/or other
appropriate means.
[T.D. 93–96, 58 FR 67317, Dec. 21, 1993, as
amended by T.D. 94–44, 59 FR 23795, May 9,
1994; T.D. 97–48, 62 FR 32031, June 12, 1997;
T.D. 98–74, 63 FR 51289, Sept. 25, 1998; CBP
Dec. 04–28, 69 FR 52599, Aug. 27, 2004]

§ 123.2 Penalty for failure to report arrival or for proceeding without a
permit.
(a) Persons. Any person arriving otherwise than by conveyance who enters
the U.S. at other than a designated
port of entry, or Customs station if authorization exists for entry at that station, who fails to report arrival as required in § 123.1(a) of this part, or who
departs from the port of entry or Customs station without authorization by
the
appropriate
Customs
officer,
whether or not intentionally, shall be
subject to such civil and criminal penalties as are prescribed under 19 U.S.C.
1459 and provided for in § 123.1 of this
part.
(b) Vessels. The penalty provisions applicable to vessels for failure to report
arrival or for proceeding without a permit are those as provided in § 4.3a.
(c) Vehicles. (1) Civil penalties. The
person in charge of any vehicle who—

§ 123.2

(i) Enters the vehicle into the U.S. at
other than a designated port of entry,
or Customs station if authorization exists for entry at that station;
(ii) Fails to report arrival and
present the vehicle and all persons and
merchandise (including baggage) on
board for inspection as required in
§ 123.1(b) of this part;
(iii) Fails to file a manifest or any
other document required to be filed in
connection with arrival in the U.S.
under this part; or
(iv) Without authorization by the appropriate Customs officer, removes
such vehicle from the port of entry or
Customs station or discharges any passenger or merchandise (including baggage) shall be subject to such civil penalties as are prescribed in section 436,
Tariff Act of 1930, as amended (19
U.S.C. 1436), and any conveyance used
in connection with any such violation
shall be subject to seizure and forfeiture. The person also may be subject
to an additional civil penalty equal to
the value of the merchandise on the
conveyance which was not entered or
reported as required by § 123.1(b) of this
part, and that merchandise may be
subject to seizure and forfeiture unless
properly entered by the importer or
consignee. If the merchandise consists
of any controlled substances, additional penalties may be assessed, as
prescribed in section 584, Tariff Act of
1930, as amended (19 U.S.C. 1584).
(2) Criminal penalties. Upon conviction, any person in charge of a vehicle
who intentionally commits any of the
violations described in paragraph (c)(1)
of this section shall, in addition to the
penalties described therein, be subject
to such additional criminal penalties
as are prescribed in section 436, Tariff
Act of 1930, as amended (19 U.S.C. 1436).
If the vehicle has or is discovered to
have had on board any merchandise
(other than sea stores or the equivalent
for conveyances other than vessels) the
importation of which into the U.S. is
prohibited, the person in charge of the
vehicle is subject to such additional
criminal penalties as are prescribed in
section 436, Tariff Act of 1930, as
amended (19 U.S.C. 1436).
[T.D. 93–96, 58 FR 67318, Dec. 21, 1993]

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§ 123.3

19 CFR Ch. I (4–1–05 Edition)
re-

that I have not received and do not know of
any invoice other than this one.

(a) General requirements. Baggage or
other merchandise carried on a vehicle
or on a vessel of less than 5 net tons arriving otherwise than by sea from Canada or Mexico shall be listed on a
manifest as prescribed by § 123.4. Vessels which are required to make entry
under § 4.3 of this chapter because they
are arriving by sea or are 5 net tons or
over shall have manifests on board as
provided in § 4.7(a) of this chapter.
(b) Exception where in possession of
traveler. When baggage arrives in the
actual possession of a traveler, his declaration will be accepted in lieu of a
manifest. Merchandise imported by a
person otherwise than in a vessel or vehicle need not be covered by a manifest
but shall be presented for inspection,
and entry shall be made in accordance
with the applicable laws and regulations.

(c) For a shipment not exceeding $250
in value consisting of articles of American origin entered free of duty under
the provisions of § 10.1(i) of this chapter
and imported in a vehicle, Customs
Form 3311 used in entering the goods,
in duplicate, may be accepted in lieu of
a manifest.
(d) For baggage arriving in baggage
cars, Customs Form 7533 shall be used.
(See subpart G of this part.)

§ 123.4 Inward foreign manifest forms
to be used.

The manifest listing baggage and
other merchandise, certified by the
master of the vessel or the person in
charge of the vehicle, shall be presented to the Customs officer at the
time the report of arrival is made. It
shall be filed in the original only, unless additional copies are required in
this part.

§ 123.3 Inward
quired.

foreign

manifest

The inward foreign manifest required
by § 123.3 for a vehicle or a vessel of less
than 5 net tons arriving in the United
States from Canada or Mexico otherwise than by sea with baggage or merchandise, shall be on Customs Form
7533, except as provided for shipments
in transit in subparts C, D, E, F, and G
of this part, and in the following special cases:
(a) For merchandise free of duty entered on Customs Form 7523, the same
form may be used as a manifest in lieu
of other forms. (See § 143.23 of this
chapter.)
(b) For dutiable merchandise not exceeding $2,000 in value entered on Customs Form 368 or 368A, (serially numbered) or Customs Form 7501 the same
form may be used as a manifest in lieu
of other forms. (See § 143.21 of this
chapter.) The port director may also
allow such merchandise to be entered
informally upon the presentation of a
commercial invoice which contains the
following declaration, signed by the
importer or his agent:
I declare that the information on this invoice is accurate to the best of my knowledge and belief; that the invoice quantities
are true and correct manifest quantities; and

[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 73–175, 38 FR 17447, July 2,
1973; T.D. 75–105, 40 FR 19813, May 7, 1975;
T.D. 82–145, 47 FR 35478, Aug. 16, 1982; T.D. 87–
75, 52 FR 26142, July 13, 1987; T.D. 92–56, 57 FR
24944, June 12, 1992; T.D. 94–47, 59 FR 25570,
May 17, 1994; T.D. 98–28, 63 FR 16416, Apr. 3,
1998]

§ 123.5 Certification and filing of inward foreign manifest.

§ 123.6 Train sheet for arriving railroad trains.
The conductor of a railroad train arriving from Canada or Mexico shall
present to the Customs officer at the
port of arrival individual car manifests
and a train sheet, sometimes called a
consist, bridge sheet, or trip sheet, listing each car and showing the car numbers and initials.
§ 123.7 Manifest used as an entry for
unconditionally free merchandise
value not over $250.
When a shipment not exceeding $250
in value which is unconditionally free
of duty and not subject to quota or to
internal revenue tax arrives on a vessel
of less than 5 net tons arriving otherwise than by sea, the inward foreign
manifest on Customs Form 7533 may be
presented in duplicate and used as an
entry if:

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Bureau of Customs and Border Protection, DHS, Treasury
(a) No merchandise for a different entrant is listed on the same page of the
manifest,
(b) The country of exportation of the
merchandise, its value, and the provision of law under which free entry is
claimed are noted thereon, and
(c) Evidence of the right to make
entry is furnished as required by § 141.11
of this chapter.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 73–175, 38 FR 17447, July 2,
1973]

§ 123.8 Permit or special license to
unlade or lade a vessel or vehicle.
(a) Permission to unlade or lade. Before
any passenger or merchandise, including baggage, may be landed or discharged from any vessel of less than 5
net tons arriving from Canada or Mexico by any route, or from a vehicle,
permission to unlade shall be obtained
from a Customs officer. Permission to
unlade during overtime hours, on a
Sunday or holiday, or to lade during
overtime hours on a Sunday or holiday
merchandise requiring Customs supervision, shall be obtained from the port
director. Permission to unlade or lade
a truck will be denied for any cargo
with respect to which advance electronic information has not been received as provided in § 123.92 or 192.14 of
this chapter, as applicable. In cases in
which CBP does not receive complete
cargo information in the time and
manner and in the electronic format
required by § 123.92 or 192.14 of this
chapter, as applicable, CBP may delay
issuance of a permit or special license
to unlade or lade a truck. Permission
to unlade is not required for a vessel of
less than 5 net tons arriving otherwise
than by sea carrying no baggage or
other merchandise. For permission to
unlade or lade for vessels of 5 net tons
or over, see § 4.30 of this chapter.
(b) Application for permit or special license to unlade or lade—(1) Permit to
unlade during regular hours. Application
for a permit to unlade any vehicle or a
vessel of less than 5 net tons may be
made and permission may be granted
orally. The port director may require
that the application and permission to
unlade be on Customs Form 3171.
(2) Special license to unlade or lade at
night, on a Sunday or holiday. Applica-

§ 123.9

tion for permission to unlade passengers or merchandise from, or lade
any merchandise requiring Customs supervision on, a vessel of less than 5 net
tons or a vehicle arriving from or departing for Canada or Mexico by any
route at night, on a Sunday or holiday,
and requests for any reimbursable
overtime services shall be made on
Customs Form 3171. In the discretion of
the port director and under such condition as he may deem advisable the application may be made orally for vessels of less than 5 net tons and vehicles
not carrying persons or property for
hire, but requests for reimbursable
overtime services shall be on Customs
Form 3171. The port director may authorize Customs inspectors to approve
the request for overtime services and
to grant oral permission to unlade or
lade.
(c) Cash deposit or bond for overtime
services. A request for reimbursable
overtime services shall not be approved
unless the required cash deposit or
bond on Customs Form 301, containing
the bond conditions set forth in § 113.64
of this chapter, is on file or is filed
with the request.
(d) Term permit or special license. A
permit or special license required by
this section may be issued on a term
basis in the manner, and under the conditions applicable, described in § 4.30 (f)
or (g) of this chapter. A term permit or
special license to unlade or lade a
truck already issued will not be applicable as to any cargo with respect to
which advance electronic information
has not been received as provided in
§ 123.92 or 192.14 of this chapter, as applicable.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 84–213, 49 FR 41183, Oct. 19,
1984; T.D. 94–2, 58 FR 68526, Dec. 28, 1993; CBP
Dec. 03–32, 68 FR 68173, Dec. 5, 2003]

§ 123.9 Explanation of a discrepancy in
a manifest.
(a) Provisions applicable—(1) Overages.
If any merchandise (including sea
stores or its equivalent) is found on
board a vessel or vehicle arriving in the
U.S. that is not listed on a manifest
filed in accordance with § 123.5 of this
part, or after having been unladen from
such vessel or vehicle, is found not to
have been included or described in the

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§ 123.9

19 CFR Ch. I (4–1–05 Edition)

manifest or does not agree therewith
(an overage), the master, person in
charge, or owner of the vessel or vehicle or any person directly or indirectly
responsible for the discrepancy is subject to such penalties as are prescribed
in section 584, Tariff Act of 1930, as
amended (19 U.S.C. 1584), and any such
merchandise belonging or consigned to
the master, person in charge, or owner
of the vehicle is subject to seizure and
forfeiture.
(2) Shortages. If merchandise is manifested but not found on board a vessel
or vehicle arriving in the U.S. (a shortage), the master, person in charge, or
owner of the vessel or vehicle or any
person directly or indirectly responsible for the discrepancy is subject to
such penalties as are prescribed in section 584, Tariff Act of 1930, as amended
(19 U.S.C. 1584).
(3) Failure to file a manifest. The master or person in charge of a vessel or
vehicle arriving in the U.S. or the U.S.
Virgin Islands who fails to present a
manifest to Customs is liable for civil
penalties as are provided by law, and
the conveyance used in connection
with the failure to file is subject to seizure and forfeiture. A criminal conviction for intentional failure to file shall
make the master or person in charge
liable for criminal penalties, as provided by statute, and if any merchandise is found or determined to have
been on board (other than sea stores or
the equivalent for vehicles), the importation of which is prohibited, additional penalties may apply.
(b) Report of discrepancies—(1) Discrepancies discovered by master, person in
charge, owner, agent, or person directly
or indirectly responsible. The master,
person in charge, owner, or agent of
the vessel or vehicle, or any person directly or indirectly responsible for any
discrepancy between the merchandise
and the manifest, shall report any discrepancy to the port director within 60
days after the date of arrival by completing a report for an overage or a
declaration for a shortage. The overage
report or shortage declaration may be
made on the appropriate manifest
form, as listed in § 123.4, or on Customs
Form 5931, Discrepancy Report and
Declaration. If no manifest has been
filed, an original copy of the appro-

priate form, as listed in § 123.4, should
be used. In each case in which a manifest form is used, the form shall be
marked or stamped ‘‘Overage Report’’
or ‘‘Shortage Declaration’’, as appropriate. The form used shall list the
merchandise involved and state the
reasons for the discrepancy.
(2) Discrepancies discovered by Customs. The port director immediately
shall advise the master, person in
charge, owner, agent, or any person directly or indirectly responsible for the
discrepancy between the merchandise
and the manifest of any discrepancy
discovered by Customs officers which
has not been reported. The person so
notified shall file an explanation of the
discrepancy, as required by paragraph
(b)(1) of this section, within 30 days of
notification, or within 60 days after arrival of the vessel or vehicle, whichever
is later. The port director may notify
the master, person in charge, owner,
agent, or any person directly or indirectly responsible for the discrepancy
by furnishing a copy of Customs Form
5931 to that person, or by any other appropriate written means. Use of Customs Form 5931 shall not preclude assessment of any penalty or liability to
forfeiture otherwise incurred.
(c) Statement on report of discrepancy
required. The overage report or shortage declaration shall bear the following statement signed by the master
of the vessel, the person in charge of
the vehicle, the owner of the vessel or
vehicle, an authorized agent, or the
person directly or indirectly responsible for the discrepancy:
I declare to the best of my knowledge and
belief that the discrepancy described herein
occurred for the reasons stated. I also certify
that evidence to support a claim of nonimportation or proper disposition of merchandise will be retained in the carrier’s
files for a period of at least one year from
the date of this report of discrepancy and
will be made available to Customs upon demand.

(d) Action on the discrepancy report. (1)
In accordance with the proviso to 19
U.S.C. 1584, no penalty shall be incurred under that section if—
(i) The manifest discrepancy relates
only to a shortage;
(ii) There is timely filing of the discrepancy report;

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Bureau of Customs and Border Protection, DHS, Treasury
(iii) There has been no loss of revenue;
(iv) The port director is satisfied that
the discrepancy resulted from clerical
error or other mistake; and
(v) In the case of a discrepancy not
reported initially by the master, person in charge, owner, agent, or the person directly or indirectly responsible,
the port director is satisfied that there
is a valid reason for failure to file the
discrepancy report.
(2) If the criteria in paragraph (d)(1)
of this section are not met, applicable
penalties under 19 U.S.C. 1584 shall be
assessed.
(3) Any penalty or liability to forfeiture incurred under 19 U.S.C. 1584
may be mitigated or remitted under
section 618, Tariff Act of 1930, as
amended (19 U.S.C. 1618).
(e) Penalty assessment. For the purpose of assessing penalties under 19
U.S.C. 1584, the value of the merchandise shall be determined as described in
section 162.43 of this chapter.
(f) Lack of knowledge does not relieve
liability. The fact that the master of
the vessel, the person in charge of the
vehicle, or the owner of the vessel or
vehicle had no knowledge of a discrepancy shall not relieve the master, the
person in charge, or the owner from a
penalty, or the vessel or vehicle from
liability to forfeiture, incurred under
19 U.S.C. 1584.
(g) Clerical error or other mistake defined. For the purpose of this section,
the term ‘‘clerical error or other mistake’’ is defined as a non-negligent, inadvertent, or typographical mistake in
the preparation, assembly, or submission of manifests. However, repeated
similar manifest discrepancies by the
same persons may be considered the result of negligence and not clerical
error or other mistake.
[T.D. 80–236, 45 FR 64172, Sept. 29, 1980, as
amended by T.D. 93–96, 58 FR 67318, Dec. 21,
1993]

§ 123.10 General order merchandise.
(a) Any merchandise or baggage regularly landed but not covered by a permit for its release shall be allowed to
remain at the place of unlading until
the fifteenth calendar day after landing. No later than 20 calendar days
after landing, the owner or operator of

§ 123.10

the vehicle or the agent thereof shall
notify Customs of any such merchandise or baggage for which entry has not
been made. Such notification shall be
provided in writing or by any appropriate Customs-authorized electronic
data interchange system. Failure to
provide such notification may result in
assessment of a monetary penalty of up
to $1,000 per bill of lading against the
owner or operator of the vehicle or the
agent thereof. If the value of the merchandise on the bill is less than $1,000,
the penalty shall be equal to the value
of such merchandise.
(b) Any merchandise or baggage that
is taken into custody from an arriving
carrier by any party under a Customsauthorized permit to transfer or inbond entry may remain in the custody
of that party for 15 calendar days after
receipt under such permit to transfer
or 15 calendar days after arrival at the
port of destination. No later than 20
calendar days after receipt under the
permit to transfer or 20 calendar days
after arrival under bond at the port of
destination, the party shall notify Customs of any such merchandise or baggage for which entry has not been
made. Such notification shall be provided in writing or by any appropriate
Customs-authorized electronic data
interchange system. If the party fails
to notify Customs of the unentered
merchandise or baggage in the allotted
time, he may be liable for the payment
of liquidated damages under the terms
and conditions of his custodial bond
(see § 113.63(c)(4) of this chapter).
(c) In addition to the notification to
Customs required under paragraphs (a)
and (b) of this section, the carrier (or
any other party to whom custody of
the unentered merchandise has been
transferred by a Customs authorized
permit to transfer or in-bond entry)
shall provide notification of the presence of such unreleased and unentered
merchandise or baggage to a bonded
warehouse certified by the port director as qualified to receive general order
merchandise. Such notification shall
be provided in writing or by any appropriate Customs-authorized electronic
data interchange system and shall be
provided within the applicable 20-day
period specified in paragraph (a) or (b)

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§ 123.11

19 CFR Ch. I (4–1–05 Edition)

of this section. It shall then be the responsibility of the bonded warehouse
proprietor to arrange for the transportation and storage of the merchandise
or baggage at the risk and expense of
the consignee. The arriving carrier (or
other party to whom custody of the
merchandise was transferred by the
carrier under a Customs-authorized
permit to transfer or in-bond entry) is
responsible for preparing a Customs
Form (CF) 6043 (Delivery Ticket), or
other similar Customs document as
designated by the port director or an
electronic equivalent as authorized by
Customs, to cover the proprietor’s receipt of the merchandise and its transport to the warehouse from the custody
of the arriving carrier (or other party
to whom custody of the merchandise
was transferred by the carrier under a
Customs-authorized permit to transfer
or in-bond entry) (see § 19.9 of this chapter). Any unentered merchandise or
baggage shall remain the responsibility
of the carrier, master, or person in
charge of the importing vehicle or the
agent thereof or party to whom the
merchandise has been transferred
under a Customs authorized permit to
transfer or in-bond entry until it is
properly transferred from his control
in accordance with this paragraph. If
the party to whom custody of the
unentered merchandise or baggage has
been transferred by a Customs-authorized permit to transfer or in-bond entry
fails to notify a Customs-approved
bonded warehouse of such merchandise
or baggage within the applicable 20-calendar-day period, he may be liable for
the payment of liquidated damages of
$1,000 per bill of lading under the terms
and conditions of his international carrier or custodial bond (see §§ 113.63(b),
113.63(c) and 113.64(b) of this chapter).
(d) If the carrier or any other party
to whom custody of the unentered merchandise has been transferred by a Customs-authorized permit to transfer or
in-bond entry fails to timely relinquish
custody of the merchandise to a Customs-approved bonded General Order
warehouse, the carrier or other party
may be liable for liquidated damages
equal to the value of that merchandise
under the terms and conditions of his
international carrier or custodial bond,
as applicable.

(e) If the bonded warehouse operator
fails to take possession of unentered
and unreleased merchandise or baggage
within five calendar days after receipt
of notification of the presence of such
merchandise or baggage under this section, he may be liable for the payment
of liquidated damages under the terms
and conditions of his custodial bond
(see § 113.63(a)(1) of this chapter). If the
port director finds that the warehouse
proprietor cannot accept the goods because they are required by law to be
exported or destroyed (see § 127.28 of
this chapter), or for other good cause,
the goods will remain in the custody of
the arriving carrier or other party to
whom the goods have been transferred
under a Customs-authorized permit to
transfer or in-bond entry. In this event,
the carrier or other party will be responsible under bond for exporting or
destroying the goods, as necessary (see
§§ 113.63(c)(3) and 113.64(b) of this chapter).
(f) In ports where there is no bonded
warehouse authorized to accept general
order merchandise, or if merchandise
requires specialized storage facilities
which are unavailable in a bonded facility, the port director, after having
received notice of the presence of
unentered merchandise or baggage in
accordance with the provisions of this
section, shall direct the storage of the
merchandise by the carrier or by any
other appropriate means.
(g) Merchandise taken into the custody of the port director pursuant to
section 490(b), Tariff Act of 1930, as
amended (19 U.S.C. 1490(b)), shall be
sent to a general order warehouse after
1 day after the day the vehicle arrived,
to be held there at the risk and expense
of the consignee.
[T.D. 98–74, 63 FR 51289, Sept. 25, 1998, as
amended by T.D. 02–65, 67 FR 68033, Nov. 8,
2002]

Subpart B—International Traffic
§ 123.11 Supplies
on
international
trains.
(a) Articles acquired abroad. Articles
subject to internal revenue tax and
other merchandise acquired abroad
constituting supplies arriving on international trains crossing and recrossing
the boundary line, for which the train

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Bureau of Customs and Border Protection, DHS, Treasury
crew elects not to file an inventory as
provided for in paragraph (b) of this
section, shall be subject to duty and
tax unless locked or sealed in a separate compartment or locker upon arrival, and the lock or seal remains unbroken until the train departs from the
United States at the final port of exit.
(b) Inventory procedure. Supplies acquired abroad for which internal revenue stamps are not required may be
used in the United States under the following procedure:
(1) Port of arrival. An inventory executed in duplicate consisting of an
itemized list showing the kind and
quantity of each class of supplies on
hand in the car with space for a parallel column in which to show at the
port of exit the quantity used, shall be
certified by the person in charge of the
car and furnished to the Customs officer upon arrival. The Customs officer
shall certify the correctness of both
copies of the inventory, return the
original to the person in charge of the
car and retain the duplicate, or forward
it to the port of exit if this differs from
the port of arrival.
(2) Port of exit. Upon arrival at the
port of exit, the inventory returned at
the port of arrival to the person in
charge of the car shall be submitted to
the Customs officer after completion
by showing the quantity of each item
used in the United States, and being
certified by the person in charge of the
car. Entries must be filed and applicable duties and taxes paid at the port of
exit on the quantity of supplies consumed in the United States.
(c) Supplies purchased in the United
States. Supplies purchased in the
United States shall be passed free of
duty without inventory or entry.
§ 123.12 Entry of foreign locomotives
and equipment in international
traffic.
(a) Use on a continuous route. Foreign
locomotives or other foreign railroad
equipment in use on a continuous route
crossing the boundary into the United
States shall be admitted without formal entry or the payment of duty to
proceed to the end of the run and depart for a foreign country, in accordance with the following:

§ 123.12

(1) On inward trip. Unless formally
entered and cleared through Customs
into the United States, or unless exempt from entry as provided in
§ 141.4(b)(4) of this chapter, a foreign locomotive shall be used on the inward
trip only in connection with taking the
inbound train to the last place in a
continuous haul, including the switching of cars which it has hauled into the
United States. Other foreign railroad
equipment may proceed to the place of
complete unloading for any merchandise imported therein.
(2) On outward trip. Unless formally
entered and cleared through Customs
into the United States, or unless exempt from entry as provided in
§ 141.4(b)(4) of this chapter, foreign locomotives may be used on the outward
trip only in connection with through
trains crossing the boundary, including
switching to make up such trains.
Other foreign railroad equipment may
be used in such trains or for such local
traffic as is reasonably incidental to its
economical and prompt departure for a
foreign country.
(b) Admission of empty equipment.
Empty foreign railroad equipment
shall be admitted to the United States
without formal entry and payment of
duty only if:
(1) The passengers or goods to be
loaded are to be transported directly to
or through a foreign country; or
(2) The equipment is exempt from
entry as provided in § 141.4(b)(4) of this
chapter.
(c) Penalty for improper use. The use of
any foreign locomotive and other foreign railroad equipment in violation of
this section may result in liabilities
being incurred under section 592, Tariff
Act of 1930, as amended (19 U.S.C. 1592).
(d) Domestic and foreign locomotives
and other railroad equipment defined.
For the purpose of this section and
§ 123.13, locomotives or other railroad
equipment manufactured in, or regularly imported into, the United States,
shall be considered ‘‘domestic’’ if not
subsequently formally entered and
cleared through foreign customs into
another country, nor used in foreign
local traffic otherwise than as an incident of the return of the equipment to
the United States. Other locomotives

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§ 123.13

19 CFR Ch. I (4–1–05 Edition)

and railroad equipment shall be considered ‘‘foreign’’.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 73–73, 38 FR 6991, Mar. 15,
1973; T.D. 79–160, 44 FR 31956, June 4, 1979;
T.D. 83–118, 48 FR 23385, May 25, 1983; T.D. 94–
51, 59 FR 30294, June 13, 1994]

§ 123.13 Foreign repairs to domestic locomotives and other domestic railroad equipment.
A report of the first arrival in the
United States of a domestic locomotive
or other railroad equipment after repairs have been made in a foreign country other than those required to restore it to the condition in which it
last left the United States (‘‘running
repairs’’), shall be made promptly, in
writing, to the Customs officer at the
port of re-entry. The report shall state
the time and place of arrival, and the
nature and value of the repairs. Each
such locomotive or other piece of railroad equipment when withdrawn from
international traffic shall be subject to
duty upon the value of the repairs
(other than ‘‘running repairs’’), made
abroad at the rate at which the repaired article would be dutiable if imported. For the appropriate determination as to whether the locomotive or
other railroad equipment should be
considered ‘‘domestic’’ or ‘‘foreign’’,
see § 123.12(d).
[T.D. 73–73, 38 FR 6991, Mar. 15, 1973]

§ 123.14 Entry of foreign-based trucks,
busses, and taxicabs in international traffic.
(a) Admission without entry or payment
of duty. Trucks, busses, and taxicabs,
however owned, which have their principal base of operations in a foreign
country and which are engaged in
international traffic, arriving with
merchandise or passengers destined to
points in the United States, or arriving
empty or loaded for the purpose of taking out merchandise or passengers,
may be admitted without formal entry
or the payment of duty. Such vehicles
shall not engage in local traffic except
as provided in paragraph (c) of this section.
(b) Deposit of registration by vehicle not
on regular trip. In any case in which a
foreign-based truck, bus, or taxicab admitted under this section is not in use

on a regularly scheduled trip, the port
director may require that the registration card for the vehicle be deposited
pending the return of the vehicle for
departure to the country from which it
arrived, or the port director may take
other appropriate measures to assure
the proper use and departure of the vehicle.
(c) Use in local traffic. Foreign-based
trucks, busses, and taxicabs admitted
under this section shall not engage in
local traffic in the United States unless
the vehicle comes within one of the following exceptions:
(1) The vehicle may carry merchandise or passengers between points in
the United States if such carriage is incidental to the immediately prior or
subsequent engagement of that vehicle
in international traffic. Any such carriage by the vehicle in the general direction of an export move or as part of
the return of the vehicle to its base
country shall be considered incidental
to its engagement in international
traffic. An alien driver will not be permitted to operate a vehicle under this
paragraph, unless the driver is in compliance with the applicable regulations
of the Immigration and Naturalization
Service.
(2) A foreign-based truck trailer may
carry merchandise between points in
the United States on its departure for
a foreign country under the same conditions as are prescribed for ‘‘other foreign
railroad
equipment’’
in
§ 123.12(a)(2).
(d) Penalty for improper use. The use
of any vehicle referred to in this section in violation of this section may result in liabilities being incurred under
section 592, Tariff Act of 1930, as
amended (19 U.S.C. 1592).
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 79–160, 44 FR 31956, June 4,
1979; T.D. 83–118, 48 FR 23385, May 25, 1983;
T.D. 99–10, 64 FR 7504, Feb. 16, 1999]

§ 123.15 Vehicles of foreign origin used
between communities of the United
States and Canada or Mexico.
Vehicles of foreign origin which are
used for commercial purposes between
adjoining or neighboring communities
of the United States and Canada or
Mexico, such as delivery, peddlers’, and
service trucks, or wagons, are subject

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Bureau of Customs and Border Protection, DHS, Treasury
to duty on first arrival, but may thereafter be admitted without formal entry
or the payment of duty so long as they
are continuously employed in such
service.
§ 123.16 Entry of returning trucks,
busses, or taxicabs in international
traffic.
(a) Admission without entry or payment
of duty. Trucks, busses, and taxicabs,
whether of foreign or domestic origin,
taking out merchandise or passengers
for hire or leaving empty for the purpose of bringing back merchandise or
passengers for hire shall on their return to the United States be admitted
without formal entry or the payment
of duty upon their identity being established by State registration cards.
(b) Use in local traffic. Trucks, busses,
and taxicabs in use in international
traffic, which may include the incidental carrying of merchandise or passengers for hire between points in a
foreign country, or between points in
this country, shall be admitted under
this section. However, such vehicles
taken abroad for commercial use between points in a foreign country, otherwise than in the course of their use
in international traffic, shall be considered to have been exported and must
be regularly entered on return.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 99–10, 64 FR 7504, Feb. 16,
1999]

§ 123.17 Foreign repairs to domestic
trucks, busses, taxicabs and their
equipment.
(a) Domestic trucks, busses, and taxicabs and their equipment defined. For the
purpose of this section, trucks, busses,
and taxicabs and their equipment manufactured in, or regularly imported
into the United States, shall be considered ‘‘domestic’’ if not subsequently
formally entered and cleared through
foreign customs into another country,
nor used in foreign local traffic otherwise than as an incident of their return
to the United States.
(b) Report of arrival and payment of
duty on repairs. A report of the first arrival in the United States of domestic
trucks, busses, and taxicabs and their
equipment after repairs have been
made in a foreign country, other than

§ 123.21

those required to restore such vehicle
or equipment to the condition in which
it last left the United States (‘‘running
repairs’’), shall be made by the driver
or person in charge of the vehicle
promptly, in writing, to the Customs
officer at the port of reentry. The report shall state the time and place of
arrival and the nature and value of the
repairs. Each such vehicle or its equipment when withdrawn from international traffic shall be subject to duty
upon the value of the repairs (other
than ‘‘running repairs’’) made abroad
at the rate at which the repaired article would be dutiable if imported.
§ 123.18 Equipment and materials for
constructing bridges or tunnels between the United States and Canada or Mexico.
(a) Admission of equipment and materials. Equipment for use in construction of bridges or tunnels between the
United States and Canada or Mexico
shall be admitted without entry or the
payment of duty. Materials for such
use shall be admitted without entry or
payment of duty only for installation
in the bridge or tunnel proper, and not
in the approaches on land at the United
States end of such bridge or tunnel.
(b) Customs supervision. All articles
admitted under paragraph (a) of this
section shall be subject to Customs supervision at the expense of the builder
until installed, entered, or exported.

Subpart C—Shipments in Transit
Through Canada or Mexico
§ 123.21 Merchandise in transit.
(a) Status. Merchandise may be transported from one port to another in the
United States through Canada or Mexico in accordance with the regulations
in this subpart or subparts E for trucks
transiting Canada, F for commercial
traveler’s samples, or G for baggage.
Merchandise so transported is not subject to treatment as an importation
when returned to the United States,
and no inward foreign manifest is required for merchandise returned under
an in-transit manifest. In-transit merchandise returned to the United States
shall be treated as an importation as
are shipments made from Canada or
Mexico if:

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§ 123.22

19 CFR Ch. I (4–1–05 Edition)

(1) An in-transit manifest is not furnished for the merchandise upon its return to the United States;
(2) The merchandise has been transshipped in foreign territory without
Customs supervision when the transshipment required the breaking of Customs seals; or
(3) The Customs inspector finds any
of the Customs seals applied to the
conveyance or compartment unlocked
or missing.
(b) Use of certain vessels prohibited.
Merchandise shall not be transported
from port to port in the United States
through Canada or Mexico by vessel in
violation of the provisions of section
27, Merchant Marine Act of 1920, as
amended (46 U.S.C. 883), or section 588,
Tariff Act of 1930, as amended (19
U.S.C. 1588). (See § 4.80 of this chapter.)
(c) Regulations applicable. The provisions of this subpart shall govern all
merchandise transported from one port
to another in the United States
through Canada or Mexico under intransit procedures, except as otherwise
provided in this subpart or in subpart E
for truck shipments transiting Canada,
subpart F for commercial traveler’s
samples transiting Canada, and subpart
G for baggage transiting Canada or
Mexico.
§ 123.22

In-transit manifest.

(a) Manifest required. A manifest in
duplicate covering the in-transit merchandise which is to proceed under the
provisions of this subpart shall be presented by the carrier to the Customs
officer at each port of lading of a vessel, or at the port of exit of a vehicle.
Where the merchandise is transported
under Customs red in-bond seals and is
accompanied by a transportation inbond manifest, a separate in-transit
manifest is not required.
(b) Additional copies. In the following
cases additional copies of the manifest
shall be presented:
(1) When the merchandise is to be
transshipped in foreign territory under
Customs supervision, a copy of the
manifest for each place of transshipment shall be presented.
(2) When a Customs officer requests
an extra copy of the manifest as a
record of the transaction.

(c) Manifest forms to be used. The intransit manifest forms to be used are:
(1) For trucks, railroad cars or other
overland carriers transiting Mexico a
manifest on Customs Form 7512–B or
7533–C shall be presented.
(2) For vessels of less than 5 net tons
departing and arriving otherwise than
by sea, a manifest on Customs Form
7512–B or 7533–C shall be presented. All
other vessels are subject to the manifesting requirements contained in § 4.82
of this chapter.
(3) For rail cars transiting Canada, a
manifest on Customs Form 7533–C
(Canada A4–1/2) shall be presented. For
trains which will remain intact while
transiting Canadian territory, a consolidated train manifest containing all
the information included in the individual car manifests and the train
sheet required by § 123.23 may be used
in lieu of individual car manifests. For
a number of cars which will transit
Canada as a group, a consolidated
manifest may be used, but a train sheet
shall also be presented.
(4) In all other cases where no intransit manifest form is specified in
this subpart, or in subpart E relating
to truck shipments on the Canadian
border, subpart F relating to commercial traveler’s samples, and subpart G
relating to baggage, Customs Form
7512–B or 7533–C shall be presented.
(d) Contents of in-transit manifest. The
information contained in the manifest
shall correspond to the information
contained in the waybill accompanying
the shipment, except that:
(1) The conveyance shall be identified
in a suitable manner in the place provided for such identification.
(2) The description of ladings made
up of several shipments which are to go
forward in a conveyance or compartment sealed with Customs seals shall
be ‘‘miscellaneous shipments.’’
(3) When an in-transit rail shipment
will enter and reenter Canada in a continuing movement en route to a final
destination in the United States, only
the final United States port of reentry
shall be shown on the manifest.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 82–145, 47 FR 35478, Aug. 16,
1982]

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Bureau of Customs and Border Protection, DHS, Treasury
§ 123.23 Train sheet for in-transit rail
shipments.
Before an in-transit train proceeding
under the provisions of this subpart departs from the United States, the carrier shall furnish to the customs officer
at the port of exit a train sheet, sometimes called a consist, bridge sheet or
trip sheet, listing each car of the train
and specifically identifying the intransit cars, unless a consolidated
manifest containing this information
has been presented for a train which
will remain intact.
§ 123.24 Sealing of conveyances or
compartments.
(a) Sealing required. Merchandise in
transit proceeding under the provisions
of this subpart shall be transported in
sealed conveyances or compartments,
except that:
(1) Less than load or compartment
lots may be forwarded in unsealed conveyances or compartments, without
cording and sealing;
(2) The Commissioner of Customs
may authorize treatment of full loads
or lots in the same manner as less than
load or compartment lots;
(3) Live animals identifiable by specific description in the manifest may
be transported in the care of an attendant or customs inspector at the expense of the parties in interest, in unsealed conveyances or compartments.
(b) Seals to be affixed. The carrier
shall affix blue in-transit seals to all
openings of conveyances and compartments containing in-transit merchandise except that:
(1) Sealable carload shipments on the
Canadian border shall be sealed with
yellow in-transit seals.
(2) Conveyances or compartments
sealed with U.S. Customs red in-bound
seals may go forward without additional seals.
(c) Carrier relieved of responsibility.
The port director may relieve the carrier of the responsibility of affixing intransit seals by notification in writing
that Customs inspectors will assume it.
§ 123.25 Certification and disposition
of manifests.
(a) Certification. Conveyances proceeding under the provisions of this
subpart shall not proceed until the

§ 123.26

Customs inspector has certified the intransit manifest or verified its certification by the carrier. The port director
may require the carrier to execute the
certificate as an alternative to certification by the Customs officer. When
the carrier is to execute the certificate, and the merchandise will be forwarded without being under Customs
seals, the agent of the carrier shall
carefully examine the packages covered by the manifests to satisfy himself
that the merchandise agrees with the
manifest as to quantity and description.
(b) Disposition of manifest. The original manifest, after certification, shall
accompany the merchandise. Additional copies required when the merchandise is to be transshipped in Canada or Mexico under Customs supervision shall be given to the person in
charge of the conveyance for delivery
to the Customs officers who will supervise transshipment.
§ 123.26 Transshipment of merchandise moving through Canada or
Mexico.
(a) General. Merchandise in transit
proceeding under the provisions of this
subpart may be transshipped from one
conveyance to another in foreign territory. When transshipment requires the
breaking of Customs seals, the breaking of the seals, transshipment and
sealing of the conveyance or compartment to which the merchandise is
transshipped shall be under the supervision of a Customs officer. He shall
note his action on both the additional
copy of the manifest presented to him,
in accordance with § 123.25(b), and on
the original copy, which shall be returned to the person in charge of the
conveyance to accompany the merchandise. Merchandise transshipped in
foreign territory without customs supervision when Customs seals were broken shall be treated upon return to the
United States as imported merchandise.
(b) Storage awaiting transshipment.
Merchandise moving under in-transit
manifests and Customs seals which is
to be stored in foreign territory awaiting transshipment shall be checked
into a storehouse by the Customs officer at the place of transshipment. It

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§ 123.27

19 CFR Ch. I (4–1–05 Edition)

shall remain under Customs locks and
seals until transshipment is completed
under Customs supervision.
(c) Manifests where contents broken up.
When transshipment involves the
breaking up of the in-transit contents
of a conveyance or compartment, in
such a manner as to require separate
manifests for articles previously covered by a single manifest, the Customs
officer supervising the transshipment
shall take up the carrier’s copy of the
manifest and require the carrier to prepare a new manifest, in duplicate, for
each conveyance to which the merchandise is transshipped. If there is to
be further transshipment, an additional copy of each new manifest shall
be presented by the carrier, and shall
be returned to the person in charge of
the carrier for delivery to the Customs
officer at the point of further transshipment in accordance with § 123.25(b).
After the transshipment and sealing of
the conveyances and compartments has
been supervised and the new manifests
certified the originals of the new manifests shall be returned to the carrier to
accompany the merchandise to the
point of reentry into the United States.
§ 123.27 Feeding and watering animals
in Canada.
If animals in sealed conveyances or
compartments cannot be fed and watered in Canada without breaking customs seals, the seals shall be broken
and the animals fed and watered under
the supervision of a United States or
Canadian Customs officer. The supervising officer shall reseal the conveyance or compartment, and make notation as to the resealing on the manifest.
§ 123.28 Merchandise remaining in or
exported to Canada or Mexico.
(a) In-transit status abandoned. When
the in-transit status of merchandise
transiting Canada or Mexico is abandoned and the merchandise is entered
for consumption or other disposition in
Canada or Mexico, the carrier shall
send the in-transit seals and manifests
to the port where the manifests were
first filed with U.S. Customs, or in the
case of trucks under subpart E, the
port of exit, with an endorsement by
the carrier’s agent on each manifest

showing that the merchandise was so
entered. The carriers shall comply with
the export control regulations, 15 CFR
part 370.
(b) In-transit merchandise exported to
Canada or Mexico. Merchandise to be
exported to Canada or Mexico after
moving in-transit through a contiguous country shall be treated as exported when it has passed through the
last port of exit from the United
States. This paragraph shall control
whether or not the merchandise to be
exported is domestic or foreign and
whether or not it is exported with benefit of drawback. The manifest, shipper’s export declaration, and the notice
of exportation, if any, shall be filed at
the last port of exit from the United
States.
§ 123.29 Procedure on arrival at port
of reentry.
(a) Presentation of documents. At the
first port in the United States after
transportation through Canada or Mexico under the provisions of this subpart, the carrier shall present to Customs the in-transit manifest or manifests for each loaded conveyance. For
mixed ladings, that is, ladings made up
of several shipments, the waybills shall
be available at the port of return or
discharge for use by Customs officers.
For a railroad train for which a consolidated manifest was not used the
conductor shall also present a train
sheet showing the car numbers and initials.
(b) Vessels and rail shipments continuing in-transit movement—(1) Vessels.
In the case of a vessel carrying in-transit merchandise, the master’s copies of
the in-transit or in-bond manifest covering the merchandise given final Customs release at that port shall be retained by Customs at that port and the
manifests covering merchandise to be
discharged at subsequent ports of arrival shall be returned to the master of
the vessel for presentation to Customs
at the next port.
(2) Rail shipments. An in-transit rail
shipment arriving at an intermediate
port of reentry or exit intended for further in-transit movement through Canada may be permitted to go forward
under the accompanying in-transit
manifest after verification by Customs

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Bureau of Customs and Border Protection, DHS, Treasury
that the manifest satisfactorily identifies the shipment.
(c) Checking and breaking of seals—(1)
Checking seals. The Customs officer at
the port of arrival shall check customs
seals applied to the conveyance or
compartment for unlocked or missing
seals. Where the seals are unlocked or
missing, the merchandise shall be
treated as having been imported from
the transited country.
(2) Breaking seals. In-bond seals shall
be broken only by a Customs officer or
by a person acting under the direction
of a Customs officer. In-transit seals
may be broken by any carrier’s employee, or by a consignee at any time
or place after the merchandise under
such seals has been released by Customs.
(d) Proper manifest. In-transit merchandise shall not be released until
proper in-transit manifests are received except that it may be treated as
imported merchandise.
(e) Substitution of merchandise. Any
instance of substitution of merchandise
shall be reported to the Commissioner
of Customs, and the merchandise shall
be detained.

Subpart D—Shipments in Transit
Through the United States
§ 123.31 Merchandise in transit.
(a) From one contiguous country to another. Merchandise may be transported
in transit across the United States between Canada and Mexico under the
procedures set forth in part 18 of this
chapter for merchandise entered for
transportation and exportation.
(b) From one point in a contiguous
country to another through the United
States. Merchandise may be transported
from point to point in Canada or in
Mexico through the United States in
bond in accordance with the procedures
set forth in §§ 18.20 to 18.24 of this chapter except where those procedures are
modified by this subpart or subparts E
for trucks transiting the United
States, F for commercial traveler’s
samples, or G for baggage.
§ 123.32 Manifests.
(a) Form and number of copies required.
Three copies of the transportation
entry and manifest on Customs Form

§ 123.34

7512 shall be presented upon arrival of
merchandise which is to proceed under
the provisions of this subpart.
(b) Consolidated train manifest. When
the route is such that a train will remain intact while proceeding through
the United States, a consolidated train
manifest containing the same information as is required on individual manifests may be used.
(c) Disposition of manifest form. One
copy of the manifest shall be delivered
to the person in charge of the carrier
to accompany the conveyance and be
delivered to the Customs officer at the
final port of exit.
§ 123.33

[Reserved]

§ 123.34 Certain
shipments.

vehicle

and

In the following circumstances, the
copy of Customs Form 7512 to be retained at the port of first arrival may
be adapted for use as a combined inward foreign manifest and in-bond
transportation or direct exportation
entry:
(a) When all the merchandise arriving on one vehicle (except on trucks on
the Canadian border) is to move in
bond in the importing vehicle in a continuing movement through the United
States; or
(b) When all the merchandise arriving on one vessel or on one vehicle (except on trucks on the Canadian border)
is entered immediately upon arrival either under a single immediate transportation entry or a single transportation and exportation or direct exportation entry.
When Customs Form 7512 is to be used
in this manner, the foreign port of lading and the name of the shipper shall
be shown in every case, and a certificate in the following form shall be legibly stamped on the manifest or on a
separate paper securely fastened thereto and executed by the master of the
vessel or the person in charge of the vehicle:
This entry correctly covers all the merchandise on the vessel or vehicle, of which I
am the master or person in charge, when it
first arrived in the United States. If an error
in the quantity, kind of article, or other details is discovered, I will immediately report
the correct information to the port director.

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§ 123.41

19 CFR Ch. I (4–1–05 Edition)

Subpart E—United States and
Canada In-Transit Truck Procedures
§ 123.41 Truck shipments transiting
Canada.
(a) Manifest required. Trucks with
merchandise transiting Canada from
point to point in the United States will
be manifested on United States-Canada
Transit Manifest, Customs Form 7512–B
Canada 81⁄2. The driver shall present
the manifest in four copies to U.S. Customs at the United States port of departure for review and validation.
(b) Procedure at United States port of
departure. The Customs officer receiving the manifest shall validate it by
stamping each copy in the lower right
hand corner to show the port name and
date and by initialing each copy. All
copies of the validated manifest then
will be returned to the driver for presentation to Canadian Customs at the
Canadian port of entry.
(c) Procedure at Canadian ports of arrival
and
exit.
Truck
shipments
transiting Canada shall comply with
Canadian Customs regulations. These
procedures generally are as follows:
(1) Canadian port of arrival. The driver
shall present a validated United
States-Canada Transit Manifest Customs Form 7512–B Canada 81⁄2, in four
copies to the Canadian Customs officer,
who shall review the manifest for accuracy and verify its validation by U.S.
Customs. If the manifest is found not
to be properly validated, the truck
shall be required to be returned to the
United States port of departure so that
the manifest may be validated. If the
manifest is validated properly and no
irregularity is found, the truck will be
sealed unless sealing is waived by Canadian Customs. The original manifest
will be retained by Canadian Customs
at the port of arrival, and the three
copies will be returned to the driver for
presentation to Canadian Customs at
the Canadian port of exit.
(2) Canadian port of exit. The driver
shall present the three copies of the
validated manifest to the Canadian
Customs officer at the Canadian port of
exit for certification. That officer shall
verify that the seals are intact if the
vehicle has been sealed or, if sealing
has been waived, that there are no

irregularities. After verification and
certification of the manifest, two certified copies will be returned to the
driver (one to be presented to U.S. Customs at the United States port of reentry, the other for the carrier’s
records), and the truck will be allowed
to proceed to the United States.
(d) Procedure at United States port of
reentry. The driver of a truck reentering
the
United
States
after
transiting Canada shall present a certified copy of the United States-Canada
Transit Manifest, Customs Form 7512–B
Canada 81⁄2, to the U.S. Customs officer.
If this copy of the manifest does not
bear the certification of a Canadian
Customs officer at the Canadian port of
exit, the driver will be allowed to return to that port to have it certified.
The driver will be allowed to break any
seals affixed by Canadian Customs
upon presentation of a certified manifest. If sealing has been waived, the
U.S. Customs officer shall satisfy himself that the truck contains only that
merchandise covered by the manifest
which moved on the truck from the
United States through Canada.
(e) Proof of exportation from Canada.
The certified copy of the manifest returned to the driver by Canadian Customs at the Canadian port of exit will
serve as proof of exportation of the
shipment from Canada.
[T.D. 81–85, 46 FR 21990, Apr. 15, 1981]

§ 123.42 Truck shipments
the United States.

transiting

(a) Manifest required. Trucks with
merchandise transiting the United
States from point to point in Canada
will be manifested on United StatesCanada Transit Manifest, Customs
Form 7512–B Canada 81⁄2. The driver, in
accordance with Canadian Customs
regulations, shall present the manifest
in four copies to Canadian Customs at
the Canadian port of departure for review and validation.
(b) Procedure at Canadian port of departure. The Customs officer receiving
the manifest shall validate it by
stamping each copy in the lower right
hand corner to show the port name and
date and by initialing each copy. All
copies of the validated manifest then

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Bureau of Customs and Border Protection, DHS, Treasury
will be returned to the driver for presentation to U.S. Customs at the United
States port of entry.
(c) Procedure at United States port of
arrival—(1) Presentation of manifest. The
driver shall present a validated United
States-Canada Transit Manifest, Customs Form 7512–B Canada 81⁄2, in four
copies to the U.S. Customs officer, who
shall review the manifest for accuracy
and verify its validation by Canadian
Customs. If the manifest is found not
to be validated properly, the truck will
be required to be returned to the Canadian port of departure so that the
manifest may be validated in accordance with Canadian Customs regulations. If the manifest is validated properly and no irregularity is found the
truck will be sealed unless sealing is
waived by U.S. Customs. The U.S. Customs officer shall note on the manifest
over his initials the seal numbers or
the waiver of sealing, retain the original, and return three copies of the
manifest to the driver for presentation
to U.S. Customs at the United States
port of exit.
(2) Sealing or waiver of sealing. Trucks
transiting the United States will be
sealed with red in-bond seals at the
United States port of arrival unless
sealing is waived in accordance with
§ 18.4 of this chapter. If a truck cannot
be sealed effectively and sealing is
deemed necessary to protect the revenue or to prevent violation of the Customs laws or regulations, the truck
will not be permitted to transit the
United States under bond.
(d) Procedure at United States port of
exit. The driver shall present the three
validated copies of the manifest to the
U.S. Customs officer at the U.S. port of
exit. The Customs officer shall check
the numbers and condition of the seals
and record and certify his findings on
all copies of the manifest, returning
two certified copies to the driver (one
to be presented to Canadian Customs
at the Canadian port of reentry, the
other for the carrier’s records), and the
truck will be allowed to proceed to
Canada. The check of the seals shall be
made as follows:
(1) If the seals are intact, they will be
left unbroken unless there is indication
that the contents should be verified.

§ 123.51

(2) If the seals have been broken, or
there is other indication that the contents should be verified, all merchandise will be required to be unladen and
a detailed inventory made against the
waybills.
If sealing has been waived, the Customs
officer shall verify the goods against
the accompanying waybills in sufficient detail to detect any irregularity.
(e) Procedure at Canadian port of reentry. The driver of a truck reentering
Canada after transiting the United
States shall present a certified copy of
the United States-Canada Transit
Manifest, Customs Forms 7512–B Canada 81⁄2, to the Canadian Customs officer. If this copy of the manifest does
not bear the certification of a U.S. Customs officer at the United States port
of exit, the driver will be allowed to return to that port to have it certified.
(f) Proof of exportation from United
States. The certified copy of the manifest returned to the driver by the U.S.
Customs officer at the U.S. port of exit
will serve as proof of exportation of the
shipment from the U.S.
(g) Forwarding procedure. Except as
otherwise provided in this section,
merchandise transported in trucks
shall be forwarded in accordance with
the general provisions for transportation in bond (§§ 18.1–18.8 of this chapter).
[T.D. 81–85, 46 FR 21991, Apr. 15, 1981, as
amended by T.D. 84–212, 49 FR 39047, Oct. 3,
1984; T.D. 00–22, 65 FR 16518, Mar. 29, 2000]

Subpart F—Commercial Traveler’s
Samples in Transit Through the
United States or Canada
§ 123.51 Commercial samples transported by automobile through Canada between ports in the United
States.
(a) General provisions. A commercial
traveler arriving at a U.S. frontier port
desiring to transport his commercial
samples by automobile through Canada
to another place in the United States
without displaying the samples in Canada may request a U.S. Customs officer
at the port of departure to cord and
seal the outer containers of the samples if they can be effectively corded
and sealed.

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§ 123.52

19 CFR Ch. I (4–1–05 Edition)

(b) List of samples. The traveler shall
furnish the U.S. Customs officer at the
port of exit a list, in duplicate, of all
the articles in the containers, with
their approximate values, in substantially the following form:
SAMPLES CARRIED IN TRANSIT THROUGH
CANADA IN PRIVATE VEHICLE
llllllllllllllllllllllll
(U.S. port of exit printed here)
(Date)
I have checked the quantity and values of
the
below-listed
articles
carried
by
llllllllll(Name and address of
traveler)
and
owned
by
llllllllll(Name and address of firm
or company)
These articles are contained in llll
(Number) packages which have been corded
and sealed for in-transit movement through
Canada to llll (U.S. port of reentry) in
llll (Year, make and license number of
vehicle)
————————————
(U.S. Customs Inspector)
Description of merchandise
Value
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll

When the traveler arrives at Customs
with lists already prepared, the form
may be inscribed ‘‘as per list attached.’’
(c) Checking, cording, and sealing by
U.S. Customs officers. The Customs officer shall check the list with the articles and satisfy himself that the values
shown are approximately correct. The
Customs officer will cord and seal the
containers with yellow in-transit seals.
The traveler may be required to assist
the Customs officer in the cording and
sealing. The original of the list, signed
by the Customs officer over his title
and showing that the articles on the
list have been checked by the officer
against those in the containers shall be
returned to the traveler for submission
by him to Canadian customs upon his
arrival in Canada.
(d) In-transit manifest. The traveler
shall execute and file Customs Form
7512–B or 7533–C, in the original only,
at the U.S. port of departure, as an intransit manifest covering the movement of the samples to the U.S. port
through which the traveler will return.
Descriptions, quantities, and values
may be shown thereon by noting
‘‘Commercial Samples’’ and the number of corded and sealed containers.

The manifest shall be returned to the
traveler to accompany the samples
after being signed and dated by the
Customs officer.
(e) Presentation of in-transit manifest
at U.S. port of reentry. Upon return to
the United States, the traveler shall
present Customs Form 7512–B or 7533–C
and the corded and sealed samples to
the U.S. Customs officer at the port
where the samples are returned to this
country. The Customs officer shall
verify that there has been no irregularity.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 82–145, 47 FR 35478, Aug. 16,
1982]

§ 123.52 Commercial samples transported by automobile through the
United States between ports in Canada.
(a) General provisions. A commercial
traveler arriving from Canada may be
permitted to transport effectively
corded and sealed samples in his automobile without further sealing in the
United States, upon compliance with
this section and subject to the conditions of § 18.20(b), since Customs bonded
carriers as described in § 18.1 of this
chapter are not considered to be reasonably available. Samples having a
total value of not more than $200 may
be carried by a nonresident commercial
traveler through the United States
without cording and sealing and without an in-transit manifest in accordance with § 148.41 of this chapter.
(b) Presentation of sample list at Canadian port of exit. A commercial traveler
arriving from Canada desiring to transport without display in the United
States commercial samples in his automobile through the United States to
another port in Canada, may present
his samples to a Canadian Customs officer at the Canadian port of exit. The
traveler will be required to furnish the
Canadian Customs officer a list in duplicate of all articles presented showing their approximate values. The list
shall bear the traveler’s name and address, and the name and address of the
firm represented.
(c) Checking, cording, and sealing by
Canadian Customs officers. The Canadian Customs officer will examine the
articles, identify them with the list,

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Bureau of Customs and Border Protection, DHS, Treasury
and satisfy himself that the values
shown are approximately correct. The
Canadian Customs officer will cord and
seal
the
outer
containers
with
uncolored in-transit seals and authenticate the list of samples with his signature and title. Cording and sealing
may be waived with the concurrence of
the United States and Canadian Customs officers.
(d) Treatment at U.S. port of arrival.
The list of samples properly authenticated shall be submitted upon arrival
to the U.S. Customs officer at the port
of arrival. After ascertaining that the
samples are effectively corded and
sealed, or that sealing has been waived,
notation of the number of corded and
sealed containers, or of the waiver
shall be made on the list of samples
and the list shall be retained by the
Customs officer as a record of the shipment.
(e) In-transit manifest. Movement of
the samples from the port of arrival to
the port of exit from the United States
under this procedure shall be under an
in-transit manifest on Customs Form
7512 executed and filed in triplicate by
the traveler at the port of arrival in
the United States. Descriptions, quantities, and values may be shown thereon by noting ‘‘Commercial Samples,’’
the number of corded and sealed containers, and the approximate total
value of the samples. When cording and
sealing has been waived with the concurrence of a Canadian Customs officer, samples must be identified on the
manifest by suitable itemized descriptions and approximate values, or by attaching to the manifest a copy of the
list of samples which has been initialed
by the Customs officer.
(f) Presentation of samples and manifest
at U.S. port of exit. The manifest on
Customs Form 7512 shall be presented
to the Customs officer at the U.S. port
of exit, together with the samples covered. If the seals are broken or cording
and sealing has been waived, the Customs officer shall verify that there are
no irregularities.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 73–27, 38 FR 2449. Jan. 26,
1973; T.D. 87–75, 52 FR 20068, May 29, 1987]

§ 123.63

Subpart G—Baggage
§ 123.61 Baggage arriving in baggage
car.
An inward foreign manifest on Customs Form 7533 shall be used for all
baggage arriving in baggage cars.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 82–145, 47 FR 35478, Aug. 16,
1982]

§ 123.62 Baggage in possession of traveler.
For baggage arriving in the actual
possession of a traveler, his declaration
shall be accepted in lieu of an inward
foreign manifest. (See § 123.3.)
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 73–72, 38 FR 2449, Jan. 26,
1973]

§ 123.63 Examination of baggage from
Canada or Mexico.
(a) Opening vehicle or compartment to
examine baggage. Customs officers are
authorized to unlock, open, and examine vehicles and compartments thereof
for the purposes of examining baggage
under sections 461, 462, 496, 581(a) and
582, Tariff Act of 1930, as amended (19
U.S.C. 1461, 1462, 1496, 1581(a), and 1582)
and 19 U.S.C. 482. However, to the extent practical, the Customs officer
should ask the owner or operator to
unlock such vehicle or compartment
first. Where the owner or operator is
unavailable or refuses to unlock the vehicle or compartment or where it is not
practical to ask the owner or operator
to unlock the same, it shall be opened
by the Customs officer. If any article is
subject to duty, or any prohibited article is found upon opening by the Customs officer, the whole contents and
the vehicle shall be subject to forfeiture pursuant to 19 U.S.C. 1462.
(b) Inspection of baggage. A Customs
officer has the right to inspect all merchandise and baggage brought into the
United States from contiguous countries under 19 U.S.C. 1461. He also has
the right, under the same statute, to
require that owners of such baggage
open it or furnish keys for doing so.
Where the owner or agent is unavailable or refuses to open the baggage or
furnish keys or where it is not practical to ask the owner or agent to open
or furnish keys to the same, it shall be

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§ 123.64

19 CFR Ch. I (4–1–05 Edition)

opened by the Customs officer. If any
article is subject to duty, or any prohibited article is found upon opening
by the Customs officer, the baggage
shall be subject to forfeiture pursuant
to 19 U.S.C. 1462.
[T.D. 95–86, 60 FR 54188, Oct. 20, 1995]

§ 123.64 Baggage in transit through
the United States between ports in
Canada or in Mexico.
(a) Procedure. Baggage in transit
from point to point in Canada or Mexico through the United States may be
transported in bond through the United
States in accordance with the procedures set forth in §§ 18.13, 18.14, and
18.20 through 18.24 of this chapter except where those procedures are modified by this section.
(b) In-transit manifest. Three copies of
the manifest on Customs Form 7512
shall be required. One copy of the Form
7512 shall be delivered to the person in
charge of the carrier to accompany the
baggage and shall be delivered by the
carrier to the Customs officer at the
port of departure from the United
States.
(c) Consolidated train manifest. When
the route is such that a train carrying
baggage in bond will remain intact
while proceeding through the United
States, a consolidated train manifest
containing the same information as is
required on individual manifests may
be used in lieu of individual manifest
on Customs Form 7512.
(d) Baggage cards—(1) Baggage arriving from Mexico. For baggage arriving
at a port on the Mexican border for intransit movement through the United
States in bond and return to Mexico,
the in-transit baggage card described
in § 18.14 of this chapter shall be used.
(2) Baggage arriving from Canada. For
baggage arriving at a port on the Canadian border for in-transit movement
through the United States in bond and
return to Canada, the joint United
States-Canada in-transit baggage card,
Customs Form 7512–B (Canada 81⁄2) or
Customs Form 7533–C (Canada A4–1⁄2),
shall be used. The baggage card will be
filled out and securely attached to the
baggage and the attachment verified
by a Canadian Customs officer before
the baggage leaves Canada. If the joint
in-transit baggage card is found to be

improperly prepared or attached upon
arrival of the baggage in the United
States for movement in bond, the carrier may be required to furnish the
baggage card described in § 18.14 of this
chapter for attachment to the baggage
before being allowed to proceed. At the
port of exit from the United States the
joint in-transit baggage card shall be
allowed to remain on the baggage.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 71–70, 36 FR 4491, Mar. 6,
1971; T.D. 84–212, 49 FR 39047, Oct. 3, 1984; T.D.
87–75, 52 FR 20068, May 29, 1987; T.D. 00–22, 65
FR 16518, Mar, 29, 2000]

§ 123.65 Domestic baggage transiting
Canada or Mexico between ports in
the United States.
(a) General provision. Upon request of
the carrier, checked baggage of domestic origin may be transported from one
port in the United States to another
through Canada or through Mexico in
accord with the procedure set forth in
this section. The provisions of this section shall not apply to domestic hand
baggage crossing Canada or Mexico
which, upon reentry into the United
States, shall be examined in the same
manner as baggage of foreign origin.
(b) Special in-transit tag manifest. The
carrier shall complete and attach to
each piece of baggage by wire or cord
under Customs supervision a special intransit tag manifest furnished by the
carrier as follows:
(1) Baggage transiting Mexico. For baggage of domestic origin to be transported through Mexico between ports
of the United States, the special intransit tag manifest attached to each
piece of baggage shall be on white cardboard not less than 21⁄2 × 41⁄2 inches in
size printed in substantially the following form:
UNITED STATES CUSTOMS
IN-TRANSIT BAGGAGE MANIFEST

Carrier’s Baggageman: Destroy this tag if
owner has access to baggage before its return to United States.
Check No. ll.
This
baggage
is
in
transit
from
llllllllll (Port of exit) through
foreign territory to llllllllll (Port
of reentry) in the United States.
This baggage was laden for transportation
as above stated.
Date llll

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Bureau of Customs and Border Protection, DHS, Treasury
———————————————————————
(U.S. Customs Officer)

(2) Baggage transiting Canada. For
baggage of domestic origin to be transported through Canada between ports
in the United States, the joint United
States-Canada in-transit baggage card,
Customs Form 7512–B (Canada 81⁄2) or
Customs Form 7533–C (Canada A4–1⁄2),
shall be used as the special in-transit
tag manifest attached to each piece of
baggage.
(c) Removal of special in-transit tag
manifest. The special in-transit tag
manifest shall be removed only by the
Customs officers at the final port of reentry into the United States. If the officer finds the special in-transit tag
manifest missing or not intact, or for
any other reason believes that the baggage has been tampered with while outside the United States, he shall detain
it for examination. Otherwise, baggage
transported under the procedure in this
section may be passed without examination.
(d) Procedure in lieu of special in-transit tag manifest. In lieu of attaching the
special in-transit tag manifest to each
piece of baggage as set forth in paragraph (b) of this section, baggage of domestic origin may be forwarded in a
car or compartment sealed with intransit seals and manifested as in the
case of other merchandise in transit
through Canada or Mexico, as provided
in subpart C of this part.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 87–75, 52 FR 20068, May 29,
1987]

Subpart H—Land Border Carrier
Initiative Program
SOURCE: T.D. 99–2, 64 FR 31, Jan. 4, 1999, unless otherwise noted.

§ 123.71 Description of program.
The Land Border Carrier Initiative
Program (LBCIP) is a program designed to enlist the voluntary cooperation of commercial conveyance entities
in Customs effort to prevent the smuggling of controlled substances into the
United States. Participation in the
LBCIP requires the land or rail commercial carrier to enter into a written
agreement with Customs that describes

§ 123.72

the responsibilities of participants in
the LBCIP. The agreement generally
provides that the carrier agrees to enhance the security of its facilities and
the conveyances employed to transport
merchandise. The carrier also agrees to
cooperate closely with Customs in
identifying and reporting suspected
smuggling attempts. In exchange for
this cooperation, Customs agrees to
provide training to carrier personnel in
the areas of cargo and personnel security, document review techniques, drug
awareness, and conveyance searches.
Customs also agrees that should a controlled substance be found aboard a
conveyance owned or operated by a
participating carrier, special administrative procedures relating to the assessment and mitigation of drug-related penalties will be followed; the degree of compliance with the terms of
the agreement will be considered as an
additional positive mitigating factor in
any seizure or penalties decision or recommendation. Lastly, at certain highrisk locations, for the use of Line Release, imported merchandise, which
otherwise qualifies for Line Release
entry (see, subpart D of part 142 of this
chapter), must be transported over the
border by carriers that participate in
the LBCIP. The locations where the
use of Line Release will be conditioned
on participation in the LBCIP will be
published in the FEDERAL REGISTER.
§ 123.72 Written agreement requirement.
Commercial carriers desiring to participate in the LBCIP shall enter into a
written agreement with Customs regarding the mutual obligations of the
carrier-participant and Customs. The
terms and conditions in the written
agreement shall generally provide that
the carrier-applicant agrees:
(a) To participate in Customs training regarding cargo and personnel security, document review techniques, drug
awareness, and conveyance searches;
(b) To establish security systems at
the place of business for the safe storage and handling of cargo intended to
be imported into the United States;
and security procedures aimed at restricting access to transporting conveyances and preventing the unauthorized lading of illegal drugs while the

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§ 123.73

19 CFR Ch. I (4–1–05 Edition)

conveyance is en route to the United
States;
(c) To conduct, to the extent allowed
by law, employment and criminal history record checks on all personnel
designated to participate in the LBCIP
and to exercise responsible supervision
and control over those personnel;
(d) To ensure that only authorized
drivers and properly registered conveyances are utilized in the transportation
of merchandise into the United States,
and to maintain current lists of such
drivers and conveyances for Customs
inspection upon request;
(e) To immediately report to the appropriate port director any criminal or
dishonest conduct on the part of drivers designated to participate in the
LBCIP, or attempts by others to impede, influence, or coerce the carrier or
drivers into violating any United
States law, including Customs regulations, especially those concerned with
trafficking in illegal drugs; and
(f) To notify the appropriate port director in writing by mail within 5 days
of any change in legal name, business
address, business principals, ownership,
drivers, or conveyances that affects the
basis for continued participation in the
LBCIP.
§ 123.73 Application to participate.
To request participation in the
LBCIP, the carrier-applicant must submit an application containing the information requested in this section.
The application must be accompanied
by two copies of a LBCIP written
agreement (see § 123.72 of this part;
upon request, the local port director
will provide copies of an unsigned written agreement) containing original signatures of corporate officers or owners
of the common carrier. The application
shall be prepared by the common carrier, be signed by corporate officers or
owners, and submitted to the port director. If a submitted application does
not provide all of the information specified in this section, the processing of
the application will either be delayed
or the application will be rejected. The
application shall include the following
information:
(a) General business identification and
site condition information. The name and
address of the commercial conveyance

entity, the names of all principals or
corporate officers, the name and telephone number of an individual to be
contacted for further information, and
a complete and detailed description of
the premises where business operations
are conducted, to include all working/
storage areas and security features employed;
(b) Designated driver information. A
listing of the drivers designated by the
carrier who will be transporting merchandise into the U.S. The listing shall
set forth the name(s), address(es), date
of birth, nationality, driver’s license
number, and any other personal identifying information regarding the drivers
listed, e.g., social security number (if
available), to enable Customs to conduct background checks and to aid
Customs officers at the border crossing
point in identifying individual LBCIPauthorized drivers;
(c) Conveyance identification information. A listing of the conveyances, e.g.,
trucks and locomotives, that the carrier will utilize to transport merchandise into the U.S. The listing shall set
forth the type and make of conveyances, country of registration and license number(s), conveyance-specific
identifying markings, e.g., vehicle
identification numbers (VINs), and any
other general conveyance identifying
information, e.g., weight, color, recognizable modifications, etc., to aid
Customs officers at the border crossing
point in identifying particular LBCIPregistered conveyances; and
(d) Affidavit of business character. A
statement signed by the carrier-applicant which attests to each principal’s
or corporate officer’s past and present
business relations, e.g., a list of past
companies worked for and positions
held, which fully explains the presence
of any past or present crime involving
theft or smuggling or investigations
into such crimes, or other dishonest
conduct on the part of a principal.
§ 123.74 Notice of selection; appeal of
determination.
The information provided pursuant
to paragraphs (b) through (d) of § 123.73
shall constitute the criteria used to
evaluate the competency of the carrier-applicant to participate in the
LBCIP. Following Customs evaluation

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Bureau of Customs and Border Protection, DHS, Treasury
of the information provided, Customs
shall notify the carrier-applicant in
writing of Customs determination as to
whether the carrier-applicant is qualified to participate in the LBCIP. In
cases of selection, Customs will sign
and return one of the copies of the
written agreement. In cases of nonselection, the written notice shall
clearly state the reason(s) for denial
and recite the applicant’s appeal rights
under paragraph (b) of this section.
(a) Grounds for nonselection. The port
director may deny a carrier’s application to participate in the LBCIP for
any of the following reasons:
(1) Evidence of any criminal or dishonest conduct involving the carrier, a
corporate officer, designated drivers, or
other person the port director determines is exercising substantial ownership or control over the carrier operation or corporate officer;
(2) Evidence of improper use of designated conveyances;
(3) Evidence that the written agreement was entered into by fraud or
misstatement of a material fact; or
(4) A determination is made that the
grant of LBCIP privileges would endanger the revenue or security of the Customs area.
(b) Appeal of determination. Carrierapplicants not selected to participate
in the LBCIP and who wish to appeal
the decision shall either:
(1) Appeal the adverse determination
in accordance with the appeal procedure set forth in § 123.75(c) of this part;
or
(2) Cure any deficiency in the first
application by submitting a new application to the port director who denied
the previous application after waiting
60 days from the date of issuance of the
first determination.
§ 123.75 Notice of revocation; appeal of
decision.
(a) Revocation. The port director may
immediately revoke a carrier’s participation in the LBCIP and cancel the
written agreement for any of the following applicable reasons:
(1) The selection and written agreement were obtained through fraud or
the misstatement of a material fact by
the carrier;

§ 123.75

(2) The carrier, a corporate officer, or
other person the port director determines is exercising substantial ownership or control over the carrier operation or corporate officer, is indicted
for, convicted of, or has committed
acts which would constitute any felony
or misdemeanor under United States
Federal or State law. In the absence of
an indictment, conviction, or other
legal process, the port director must
have probable cause to believe the proscribed acts occurred;
(3) The carrier-participant allows an
unauthorized person or entity to use
its LBCIP certificate or other approved
form of identification;
(4) The carrier-participant misuses
authorized conveyances;
(5) The carrier-participant refuses or
otherwise fails to follow any proper
order of a Customs officer or any Customs order, rule, or regulation;
(6) The carrier-participant fails to
operate in accordance with the terms
of the written agreement; or
(7) Continuation of LBCIP privileges
would endanger the revenue or security
of the Customs area in the judgment of
the port director.
(b) Notice. When a decision revoking
participation has been made, the port
director shall notify the carrier-participant of the decision in writing. The
notice of revocation shall clearly state
the reason(s) for revocation and recite
the applicant’s appeal rights under
paragraph (c) of this section.
(c) Appeal of decision. Carrier-participants that receive a notice of revocation and who wish to appeal the decision shall file a written appeal with the
Assistant Commissioner, Office of
Field Operations, U.S. Customs Service, Washington, DC 20229, within 10
calendar days of receipt of the notice.
The appeal shall be filed in duplicate
and shall set forth the carrier’s responses to the grounds specified by the
port director in the notice. Within 30
working days of receipt of the appeal,
the Assistant Commissioner, or his designee, shall make a determination regarding the appeal and notify the applicant in writing.

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§ 123.76

19 CFR Ch. I (4–1–05 Edition)

§ 123.76 Authorization by Customs for
participants to use certain drivers.
(a) Responsibilities of LBCIP participants. An LBCIP participant is required, pursuant to § 123.73 of this part,
to list the drivers designated to transport merchandise into the United
States for the carrier to enable Customs to conduct background checks.
An LBCIP participant is also required,
pursuant to § 123.72 of this part, to conduct, to the extent allowed by law, employment and criminal history checks
on all personnel designated to participate in the LBCIP; these personnel include drivers.
(b) Authorization of drivers by Customs.
Customs may not approve a carrier for
participation in the LBCIP if it determines that there is evidence that a
driver designated by a carrier has been
involved in criminal or dishonest conduct or it may request that the carrier
not use that driver before approving
the carrier for participation. Once a
carrier has been accepted in the
LBCIP, Customs may determine to
cancel a particular driver’s authorization to transport merchandise for a
LBCIP carrier for the reasons set forth
in paragraph (c) of this section.
(c) Reasons for cancellation of driver’s
authorization. Customs may cancel a
driver’s authorization to transport
merchandise for an LBCIP participant
for any of the following reasons:
(1) The designated driver is indicted
for, convicted of, or has committed
acts which would constitute any felony
or misdemeanor under United States
Federal or State law. In the absence of
an indictment, conviction, or other
legal process, the port director must
have probable cause to believe the proscribed acts occurred;
(2) The designated driver allows an
unauthorized person or entity to use
his LBCIP certificate or other approved
form of identification;
(3) The designated driver misuses authorized conveyances;
(4) The designated driver refuses or
otherwise fails to follow any proper
order of a Customs officer or any Customs order, rule, or regulation; or
(5) The designated driver fails to operate in accordance with the terms of
the written agreement.

(d) Notice; rights of driver. (1) If driver
not acceptable to Customs at time of review of carrier’s application. When Customs notifies a carrier-applicant, pursuant to § 123.74 of this part, of its nonselection into the LBCIP because of
conduct committed by a driver designated by the carrier or when Customs
conditionally approves a carrier-applicant’s participation in the LBCIP, but
does not approve a driver designated on
the application to be authorized to
transport
merchandise
under
the
LBCIP, Customs will also notify the
driver of the decision in writing and recite the driver’s appeal rights under
paragraph (e) of this section.
(2) If driver’s authorization cancelled.
When Customs makes a determination
to cancel the authorization of a particular designated driver, pursuant to
§ 123.76(b) of this section, Customs will
notify both the carrier-participant and
the driver of the decision in writing;
the notice to the driver will recite the
driver’s appeal rights under paragraph
(e) of this section.
(e) Appeal rights of drivers. Drivers
who receive a notice of nonselection or
cancellation and who wish to appeal
the decision shall file a written appeal
with the Assistant Commissioner, Office of Field Operations, U.S. Customs
Service, Washington, D.C. 20229, within
10 calendar days of receipt of the notice. The appeal shall be filed in duplicate and shall set forth the driver’s responses to the grounds specified by the
port director in the notice. Within 30
working days of receipt of the appeal,
the Assistant Commissioner, or his designee, shall make a determination regarding the appeal and notify the applicant in writing.

Subpart I—Miscellaneous
Provisions
§ 123.81 Merchandise found in building on the boundary.
When any merchandise on which the
duty has not been paid or which was
imported contrary to law is found in
any building upon or within 10 feet of
the boundary line between the United
States and Canada or Mexico, such
merchandise shall be seized and a report of the facts shall be made to the
Commissioner. With his approval the

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Bureau of Customs and Border Protection, DHS, Treasury
building or that portion thereof which
is within the United States shall be
taken down or removed. The provisions
of subpart B of part 162, of this chapter
shall be applicable to the search of any
such building.
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 72–211, 37 FR 16487, Aug. 15,
1972. Redesignated by T.D. 99–2, 64 FR 31,
Jan. 4, 1999]

§ 123.82 Treatment of stolen vehicles
returned from Mexico.
Port directors shall admit without
entry and payment of duty allegedly
stolen or embezzled vehicles, trailers,
airplanes, or component parts of any of
them, under the provisions of The Convention between the United States of
America and the United Mexican
States for the Recovery and Return of
Stolen or Embezzled Vehicles and Aircraft (Treaties and Other International
Acts Series [TIAS] 10653), of June 28,
1983, if accompanied by a letter from
the U.S. Embassy in Mexico City containing:
(a) A statement that the Embassy is
satisfied from information furnished it
that the property is stolen property
being returned to the U.S. under the
provisions of the convention between
the U.S. and Mexico concluded January
15, 1981, and
(b) An adequate description of the
property for identification purposes.
[T.D. 86–118, 51 FR 22515, June 20, 1986. Redesignated by T.D. 99–2, 64 FR 31, Jan. 4, 1999]

Subpart J—Advance Information
for Cargo Arriving by Rail or Truck
SOURCE: CBP Dec. 03–32, 68 FR 68173, Dec. 5,
2003, unless otherwise noted.

§ 123.91 Electronic information for rail
cargo required in advance of arrival.
(a) General requirement. Pursuant to
section 343(a), Trade Act of 2002, as
amended (19 U.S.C. 2071 note), and subject to paragraph (e) of this section, for
any train requiring a train sheet under
§ 123.6, that will have commercial cargo
aboard, Customs and Border Protection
(CBP) must electronically receive from
the rail carrier certain information
concerning the incoming cargo, as enu-

§ 123.91

merated in paragraph (d) of this section, no later than 2 hours prior to the
cargo reaching the first port of arrival
in the United States. Specifically, to
effect the advance electronic transmission of the required rail cargo information to CBP, the rail carrier must
use a CBP-approved electronic data
interchange system.
(1) Through cargo in transit to a foreign
country. Cargo arriving by train for
transportation in transit across the
United States from one foreign country
to another; and cargo arriving by train
for transportation through the United
States from point to point in the same
foreign country are subject to the advance electronic information filing requirement for incoming cargo under
paragraph (a) of this section.
(2) Cargo under bond. Cargo that is to
be unladed from the arriving train and
entered, in bond, for exportation, or for
transportation and exportation, in another vehicle or conveyance is also subject to the advance electronic information filing requirement under paragraph (a) of this section.
(b) Exception; cargo in transit from
point to point in the United States. Domestic cargo transported by train to
one port from another in the United
States by way of Canada or Mexico is
not subject to the advance electronic
information filing requirement for incoming cargo under paragraph (a) of
this section.
(c) Incoming rail carrier. (1) Receipt of
data; acceptance of cargo. As a pre-requisite to accepting the cargo, the carrier must receive, from the foreign
shipper and owner of the cargo or from
a freight forwarder, as applicable, any
necessary cargo shipment information,
as listed in paragraph (d) of this section, for electronic transmission to
CBP.
(2) Accuracy of information received by
rail carrier. Where the rail carrier electronically presenting the cargo information required in paragraph (d) of
this section receives any of this information from another party, CBP will
take into consideration how, in accordance with ordinary commercial practices, the rail carrier acquired such information, and whether and how the

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§ 123.91

19 CFR Ch. I (4–1–05 Edition)

carrier is able to verify this information. Where the rail carrier is not reasonably able to verify such information, CBP will permit the carrier to
electronically present the information
on the basis of what the carrier reasonably believes to be true.
(d) Cargo information required. The
rail carrier must electronically transmit to CBP the following information
for all required incoming cargo that
will arrive in the United States by
train:
(1) The rail carrier identification
SCAC code (the unique Standard Carrier Alpha Code assigned for each carrier by the National Motor Freight
Traffic Association; see § 4.7a(c)(2)(iii)
of this chapter);
(2) The carrier-assigned conveyance
name, equipment number and trip
number;
(3) The scheduled date and time of arrival of the train at the first port of
entry in the United States;
(4) The numbers and quantities of the
cargo laden aboard the train as contained in the carrier’s bill of lading, either master or house, as applicable
(this means the quantity of the lowest
external packaging unit; containers
and pallets do not constitute acceptable information; for example, a container holding 10 pallets with 200 cartons should be described as 200 cartons);
(5) A precise cargo description (or the
Harmonized Tariff Schedule (HTS)
number(s) to the 6-digit level under
which the cargo is classified if that information is received from the shipper)
and weight of the cargo; or, for a sealed
container, the shipper’s declared description and weight of the cargo (generic descriptions, specifically those
such as ‘‘FAK’’ (‘‘freight of all kinds’’),
‘‘general cargo,’’ and ‘‘STC’’ (‘‘said to
contain’’) are not acceptable);
(6) The shipper’s complete name and
address, or identification number, from
the bill(s) of lading (for each house bill
in a consolidated shipment, the identity of the foreign vendor, supplier,
manufacturer, or other similar party is
acceptable (and the address of the foreign vendor, etc., must be a foreign address); by contrast, the identity of the
carrier, freight forwarder, consolidator,
or broker, is not acceptable; the identi-

fication number will be a unique number to be assigned by CBP upon the implementation of the Automated Commercial Environment);
(7) The complete name and address of
the consignee, or identification number, from the bill(s) of lading (The consignee is the party to whom the cargo
will be delivered in the United States.
However, in the case of cargo shipped
‘‘to order of [a named party],’’ the carrier must identify this named ‘‘to
order’’ party as the consignee; and, if
there is any other commercial party
listed in the bill of lading for delivery
or contact purposes, the carrier must
also report this other commercial party’s identity and contact information
(address) in the ‘‘Notify Party’’ field of
the advance electronic data transmission to CBP, to the extent that the
CBP-approved electronic data interchange system is capable of receiving
this data. The identification number
will be a unique number assigned by
CBP upon implementation of the Automated Commercial Environment);
(8) The place where the rail carrier
takes possession of the cargo shipment;
(9) Internationally recognized hazardous material code when such materials are being shipped by rail;
(10) Container numbers (for containerized shipments) or the rail car numbers; and
(11) The seal numbers for all seals affixed to containers and/or rail cars to
the extent that CBP’s data system can
accept this information (for example, if
a container has more than two seals,
and only two seal numbers can be accepted through the system per container, the carrier’s electronic presentation of two of these seal numbers for
the container would be considered as
constituting full compliance with this
data element).
(e) Date for compliance with this section. Rail carriers must commence the
advance electronic transmission to
CBP of the required cargo information,
90 days from the date that CBP publishes notice in the FEDERAL REGISTER
informing affected carriers that the approved electronic data interchange system is in place and operational at the
port of entry where the train will first
arrive in the United States.

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Bureau of Customs and Border Protection, DHS, Treasury
§ 123.92 Electronic
information
for
truck cargo required in advance of
arrival.
(a) General requirement. Pursuant to
section 343(a) of the Trade Act of 2002,
as amended (19 U.S.C. 2071 note), and
subject to paragraph (e) of this section,
for any truck required to report its arrival under § 123.1(b), that will have
commercial cargo aboard, Customs and
Border Protection (CBP) must electronically receive from the party described in paragraph (c) of this section
certain information concerning the
cargo, as enumerated in paragraph (d)
of this section. The CBP must receive
such cargo information by means of a
CBP-approved electronic data interchange system no later than either 30
minutes or 1 hour prior to the carrier’s
reaching the first port of arrival in the
United States, or such lesser time as
authorized, based upon the CBP-approved system employed to present the
information.
(1) Through cargo in transit to a foreign
country. Cargo arriving by truck in
transit through the United States from
one foreign country to another
(§ 123.31(a)); and cargo arriving by truck
for transportation through the United
States from one point to another in the
same
foreign
country
(§ 123.31(b);
§ 123.42) are subject to the advance electronic information filing requirement
in paragraph (a) of this section.
(2) Cargo entered under bond. Cargo
that is to be unladed from the arriving
truck and entered, in bond, for exportation, or for transportation and exportation, in another vehicle or conveyance are also subject to the advance
electronic information filing requirement in paragraph (a) of this section.
(b) Exceptions from advance reporting
requirements. (1) Cargo in transit from
point to point in the United States. Domestic cargo transported by truck and
arriving at one port from another in
the United States after transiting Canada or Mexico (§ 123.21; § 123.41) is exempt from the advance electronic filing requirement for incoming cargo
under paragraph (a) of this section.
(2) Certain informal entries. The following merchandise is exempt from the
advance cargo information reporting
requirements under paragraph (a) of
this section, to the extent that such

§ 123.92

merchandise qualifies for informal
entry pursuant to part 143, subpart C,
of this chapter:
(i) Merchandise which may be informally entered on Customs Form (CF)
368 or 368A (cash collection or receipt);
(ii) Merchandise unconditionally or
conditionally free, not exceeding $2,000
in value, eligible for entry on CF 7523;
and
(iii) Products of the United States
being returned, for which entry is prescribed on CF 3311.
(c) Carrier; and importer or broker. (1)
Single party presentation. Except as provided in paragraph (c)(2) of this section, the incoming truck carrier must
present all required information to
CBP in the time and manner prescribed
in paragraph (a) of this section.
(2) Dual party presentation. The
United States importer, or its Customs
broker, may elect to present to CBP a
portion of the required information
that it possesses in relation to the
cargo. Where the broker, or the importer (see § 113.62(j)(2) of this chapter),
elects to submit such data, the carrier
is responsible for presenting to CBP
the remainder of the information specified in paragraph (d) of this section.
(3) Party receiving information believed
to be accurate. Where the party electronically presenting the cargo information required in paragraph (d) of
this section 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.
(d) Cargo information required. The
following commodity and transportation information, as applicable, must
be electronically transmitted to and
received by CBP for all required incoming cargo arriving in the United States
by truck, to the extent that the particular CBP-approved electronic data
interchange system employed can accept this information:

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Pt. 125

19 CFR Ch. I (4–1–05 Edition)

(1) Conveyance number, and (if applicable) equipment number (the number
of the conveyance is its Vehicle Identification Number (VIN) or its license
plate number and state of issuance; the
equipment number, if applicable, refers
to the identification number of any
trailing equipment or container attached to the power unit);
(2) Carrier identification (this is the
truck carrier identification SCAC code
(the unique Standard Carrier Alpha
Code) assigned for each carrier by the
National Motor Freight Traffic Association; see § 4.7a(c)(2)(iii) of this chapter);
(3) Trip number and, if applicable,
the transportation reference number
for each shipment (the transportation
reference number is the freight bill
number, or Pro Number, if such a number has been generated by the carrier);
(4) Container number(s) (for any containerized shipment) (if different from
the equipment number), and the seal
numbers for all seals affixed to the
equipment or container(s);
(5) The foreign location where the
truck carrier takes possession of the
cargo destined for the United States;
(6) The scheduled date and time of arrival of the truck at the first port of
entry in the United States;
(7) The numbers and quantities for
the cargo laden aboard the truck as
contained in the bill(s) of lading (this
means the quantity of the lowest external packaging unit; containers and pallets do not constitute acceptable information; for example, a container holding 10 pallets with 200 cartons should
be described as 200 cartons);
(8) The weight of the cargo, or, for a
sealed container, the shipper’s declared
weight of the cargo;
(9) A precise description of the cargo
or the Harmonized Tariff Schedule
(HTS) numbers to the 6-digit level
under which the cargo will be classified
(generic descriptions, specifically those
such as FAK (‘‘freight of all kinds’’),
‘‘general cargo,’’ and ‘‘STC’’ (‘‘said to
contain’’) are not acceptable);
(10) Internationally recognized hazardous material code when such cargo
is being shipped by truck;
(11) The shipper’s complete name and
address, or identification number, from
the bill(s) of lading (for each house bill

in a consolidated shipment, the identity of the foreign vendor, supplier,
manufacturer, or other similar party is
acceptable (and the address of the foreign vendor, etc., must be a foreign address); by contrast, the identity of the
carrier, freight forwarder, consolidator,
or broker, is not acceptable; the identification number will be a unique number to be assigned by CBP upon the implementation of the Automated Commercial Environment); and
(12) The complete name and address
of the consignee, or identification
number, from the bill(s) of lading (the
consignee is the party to whom the
cargo will be delivered in the United
States, with the exception of ‘‘FROB’’
(Foreign Cargo Remaining On Board);
the identification number will be a
unique number assigned by CBP upon
implementation of the Automated
Commercial Environment).
(e) Date for compliance with this section. The incoming truck carrier and, if
electing to do so, the United States importer, or its Customs broker, must
present the necessary cargo data to
CBP at the particular port of entry
where the truck will arrive in the
United States on and after 90 days from
the date that CBP has published a notice in the FEDERAL REGISTER informing affected carriers that:
(1) The approved data interchange is
in place and fully operational at that
port; and
(2) The carrier must commence the
presentation of the required cargo information through the approved system.

PART 125—CARTAGE AND
LIGHTERAGE OF MERCHANDISE
Sec.
125.0

Scope.

Subpart A—General Provisions
125.1
125.2
125.3

Classes of cartage.
Supervision of cartage and lighterage.
Contracts for Government cartage.

Subpart B—Cartage of Packages for
Examination
125.11 Cartage for examination in public
stores.
125.12 Cartage for examination at importers’ premises or other place.

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