Supporting Laws and Regs

§ 148.106

19 CFR Ch. I (4–1–02 Edition)

from the flat rate of duty provisions
does not exist, the notice proposing to
exclude the article will be withdrawn
by publishing a notice in the FEDERAL
REGISTER and the Customs Bulletin.
[T.D. 78–394, 43 FR 49789, Oct. 25, 1978, as
amended by T.D. 89–1, 53 FR 51267, Dec. 21,
1988; T.D. 91–77, 56 FR 46115, Sept. 10, 1991;
T.D. 93–66, 58 FR 44130, Aug. 19, 1993]

§ 148.106 Excluded articles of merchandise.
The following articles of merchandise
have been found to affect the economic
interest of the United States adversely,
and they are excluded from the application of the flat rate of duty provisions.
[Reserved for listing.]
[T.D. 78–394, 43 FR 49789, Oct. 25, 1978]

Subpart K—Unaccompanied Shipments From American Samoa,
Guam, the Commonwealth of
the Northern Mariana Islands,
or the Virgin Islands of the
United States
§ 148.110 Applicability.
The provisions of this subpart are applicable to articles not accompanying a
person, including a crewmember, which
are purchased in and shipped from
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the
United States. However, this subpart is
not applicable to the importation of
unaccompanied articles in a manner
prohibited by law or regulation (e.g.,
mail shipments of alcoholic beverages
or alcoholic beverages shipped other
than by mail in excess of quantities authorized by State laws or regulations).
The following is a summary of the
procedure to be followed to obtain the
benefits of this subpart: A person purchasing articles in American Samoa,
Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands of the United States would
receive a sales slip, invoice, or other
evidence of purchase which he would
present to the Customs officer along
with his baggage declaration, Customs
Form 6059–B, and a Declaration of
Unaccompanied
Articles,
Customs
Form 255. The latter form is prepared

in triplicate for each shipment to follow. The Customs officer would verify
the information, indicate on the form
whether the article or articles were
free of duty, dutiable at the flat rate,
or a combination of the foregoing, and
validate the form. Two copies would be
returned to the traveler, who would
send one form to the vendor. Upon receipt of the form the vendor would
place it in an envelope, affix it to the
outside of the package, clearly mark
the package ‘‘Unaccompanied Tourist
Shipment,’’ and send the package to
the traveler, generally via mail, although it could be sent by other
means. If sent through the mail, the
package would be examined by Customs and forwarded to the Postal Service for delivery. Any duties due would
be collected by the mailman. If the
shipment arrives other than through
the mail, the traveler would be notified
by the carrier when the article arrives.
Entry would be made by the carrier or
the traveler at the customhouse. Any
duties due would be collected at that
time.
[T.D. 78–394, 43 FR 49790, Oct. 25, 1978; 43 FR
55758, Nov. 29, 1978; T.D. 97–75, 62 FR 46443,
Sept. 3, 1997]

§ 148.111 Written declaration for unaccompanied articles.
The baggage declaration, Customs
Form 6059–B, of a person (the crewmembers declaration, Customs Form
5129, in the case of a returning crewmember) arriving directly or indirectly
from American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, or the Virgin Islands of
the United States shall be in writing if
it covers articles which do not accompany him and:
(a) The articles are entitled to free
entry under the $1,200 exemption provided by subheading 9804.00.70, Harmonized Tariff Schedule of the United
States (HTSUS) (19 U.S.C. 1202), or
(b) The articles are noncommerical
importations of limited value subject
to a flat rate of duty under subheading
9816.00.40, HTSUS.
[T.D. 78–394, 43 FR 49790, Oct. 25, 1978, as
amended by T.D. 86–118, 51 FR 22516, June 20,
1986; T.D. 89–1, 53 FR 51267, Dec. 21, 1988; T.D.
97–75, 62 FR 46443, Sept. 3, 1997]

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