Supporting Law and Regulation

[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR4.9]

[Page 17-18]

TITLE 19--CUSTOMS DUTIES

CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

Sec. 4.9 Formal entry.

(a) General. Section 4.3 provides which vessels are subject to
formal entry and where and when entry must be made. The formal entry of
an American vessel is governed by section 434, Tariff Act of 1930 (19
U.S.C. 1434). The term ``American vessel'' means a vessel of the United
States (see Sec. 4.0(b)) as well as, when arriving by sea, a vessel
entitled to be documented except for its size (see Sec. 4.0(c)). The
formal entry of a foreign vessel arriving within the limits of any
Customs port is also governed by section 434, Tariff Act of 1930 (19
U.S.C. 1434). Alternatively, information necessary for formal entry may
be transmitted electronically pursuant to a system authorized by
Customs.
(b) Procedures for American vessels. Under certain circumstances,
American vessels arriving in ports of the United States directly from
other United States ports must make entry. Entry of such vessels is
required when they have merchandise aboard which is being transported
in-bond, or when they have unentered foreign merchandise aboard. For the
purposes of the vessel entry requirements, merchandise transported in-
bond does not include bonded ship's stores or supplies. While American
vessels transporting unentered foreign merchandise must fully comply
with the usual formal entry procedures, American vessels carrying no
unentered foreign merchandise but which have in-bond merchandise aboard
may satisfy vessel entry requirements by making a required report of
arrival, and presenting a completed Customs Form 1300 (Vessel Entrance
or Clearance Statement). Report of arrival as provided in Sec. 4.2 of
this part, together with presenting a completed Customs Form 1300
(Vessel Entrance or Clearance Statement), satisfies all entry
requirements for the subject vessels.
(c) Delivery of foreign vessel document. The master of any foreign
vessel will exhibit the vessel's document to the port director on or
before the entry of the vessel. After the net tonnage has been noted,
the document may be delivered to the consul of the nation to which such
vessel belongs, in which event the vessel master will certify to the
port director the fact of such delivery (see section 434, Tariff Act of
1930, as amended (19 U.S.C. 1434), as applied through section 438,
Tariff Act of 1930, as amended (19 U.S.C. 1438)). If not delivered to
the consul, the document will be deposited in the customhouse. Whether
delivered to the foreign consul or deposited at the customhouse, the
document will not be delivered to the master of the foreign vessel until
clearance is granted under Sec. 4.61. It will not be lawful for any
foreign consul to deliver to the master of any foreign vessel the
register, or document in lieu thereof, deposited with him in accordance
with the provisions of 19 U.S.C. 1434 until such master will produce to
him a clearance in due form from the director of the port where such
vessel has been entered. Any consul violating the provisions of this
section is liable to a fine of not more than $5,000 (section 438, Tariff
Act of 1930, as amended; 19 U.S.C. 1438).
(d) Failure to make required entry; penalties. Any master who fails
to make entry as required by this section or

[[Page 18]]

who presents or transmits electronically any document required by this
section that is forged, altered, or false, may be liable for certain
civil penalties as provided under 19 U.S.C. 1436, in addition to
penalties applicable under other provisions of law. Further, any vessel
used in connection with any such violation is subject to seizure and
forfeiture.

[T.D. 00-4, 65 FR 2873, Jan. 19, 2000; T.D. 00-22, 65 FR 16515, Mar. 29,
2000]