19 CFR Part 18

§ 12.150

19 CFR Ch. I (4–1–01 Edition)
is 1500 Pennsylvania Ave., NW., Annex
2nd Floor, Washington, DC 20220.

MERCHANDISE SUBJECT TO ECONOMIC
SANCTIONS
§ 12.150 Merchandise prohibited by
economic sanctions; detention; seizure or other disposition; blocked
property.
(a) Generally. Merchandise from certain countries designated by the President as constituting a threat to the national security, foreign policy, or economy of the United States shall be detained until the question of its release,
seizure, or other disposition has been
determined under law and regulations
issued by the Treasury Department’s
Office of Foreign Assets Control
(OFAC) (31 CFR Chapter V).
(b) Seizure. When an unlicensed importation of merchandise subject to
OFAC’s regulations is determined to be
prohibited, no entry for any purpose
shall be permitted and, unless the immediate reexportation or other disposition of such merchandise under Customs supervision has previously been
authorized by OFAC, the merchandise
shall be seized.
(c) Licenses. OFAC’s regulations may
authorize OFAC to issue licenses on a
case-by-case basis authorizing the importation of otherwise prohibited merchandise under certain conditions. If
such a license is issued subsequent to
the attempted entry and seizure of the
merchandise, importation shall be conditioned upon the importer:
(1) Agreeing in writing to hold the
Government harmless, and
(2) Paying any storage and other Customs fees, costs, or expenses, as well as
any mitigated forfeiture amount or
monetary penalty imposed or assessed
by Customs or OFAC, or both.
(d) Blocked property. Merchandise
which constitutes property in which
the government or any national of certain designated countries has an interest may be blocked (frozen) pursuant to
OFAC’s regulations and may not be
transferred, sold, or otherwise disposed
of without an OFAC license.
(e) Additional information. For further
information concerning importing merchandise prohibited under economic
sanctions programs currently in effect,
the Office of Foreign Assets Control of
the Department of the Treasury should
be contacted. The address of that office

[T.D. 96–42, 61 FR 24889, May 17, 1996]

PART 18—TRANSPORTATION IN
BOND AND MERCHANDISE IN
TRANSIT
GENERAL PROVISIONS
Sec.
18.1 Carriers; application to bond.
18.2 Receipt by carrier; manifest.
18.3 Transshipment; transfer by bonded
cartman.
18.4 Sealing conveyances and compartments; labeling packages; warning cards.
18.4a Containers or road vehicles accepted
for transport under customs seal; requirements.
18.5 Diversion.
18.6 Short shipments; shortages; entry and
allowance.
18.7 Lading for exportation, verification of.
18.8 Liability for shortage, irregular delivery, or nondelivery; penalties.
18.9 Examination by inspectors of trunk
line associations or agents of the Interstate Commerce Commission.
18.10 Kinds of entry.
18.10a Special manifest.
IMMEDIATE TRANSPORTATION WITHOUT
APPRAISEMENT
18.11 Entry; classes of goods for which entry
is authorized; form used.
18.12 Entry at port of destination.
SHIPMENT OF BAGGAGE IN BOND
18.13 Procedure; manifest.
18.14 Shipment of baggage in transit to foreign countries.
MERCHANDISE IN TRANSIT THROUGH THE
UNITED STATES TO FOREIGN COUNTRIES
18.20 Entry procedure; forwarding.
18.21 Restricted and prohibited merchandise.
18.22 Procedure at port of exit.
18.23 Change of destination; change of
entry.
18.24 Retention of goods on dock; splitting
of shipments.
EXPORTATION FROM CUSTOMS CUSTODY OF
MERCHANDISE UNENTERED OR COVERED BY
AN UNLIQUIDATED CONSUMPTION ENTRY, OR
MERCHANDISE DENIED ADMISSION BY THE
GOVERNMENT
18.25 Direct exportation.
18.26 Indirect exportation.
18.27 Port marks.

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United States Customs Service, Treasury
MERCHANDISE TRANSPORTED BY PIPELINE
18.31 Pipeline transportation of bonded merchandise.
MERCHANDISE NOT OTHERWISE SUBJECT TO
CUSTOMS CONTROL EXPORTED UNDER COVER
OF A TIR CARNET
18.41
18.42
18.43
18.44
18.45

Applicability.
Direct exportation.
Indirect exportation.
Abandonment of exportation.
Supervision of exportation.

AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 22, Harmonized Tariff Schedule of the United States), 1551, 1552, 1553,
1623, 1624;
Section 18.3 also issued under 19 U.S.C.
1565;
Section 18.4 also issued under 19 U.S.C.
1322, 1323;
Section 18.7 also issued under 19 U.S.C.
1557; 1646a;
Section 18.10 also issued under 19 U.S.C.
1557;
Section 18.11 also issued under 19 U.S.C.
1484;
Section 18.12 also issued under 19 U.S.C.
1448, 1484, 1490;
Section 18.13 also issued under 19 U.S.C.
1498(a);
Section 18.14 also issued under 19 U.S.C.
1498.
Section 18.31 also issued under 19 U.S.C.
1553a.
SOURCE: 28 FR 14755, Dec. 31, 1963, unless
otherwise noted.

GENERAL PROVISIONS
§ 18.1

Carriers; application to bond.

(a)(1) Merchandise to be transported
from one port to another in the United
States in bond, except as provided for
in paragraph (b) of this section, shall
be delivered to a common carrier, contract carrier, freight forwarder, or private carrier bonded for that purpose,
but such merchandise delivered to a
common carrier, contract carrier, or
freight forwarder may be transported
with the use of facilities of other bonded or nonbonded carriers. For the purposes of this section, the term ‘‘common carrier’’ means a common carrier
of merchandise owning or operating a
railroad, steamship, pipeline, or other
transportation line or route. Only vessels entitled to engage in the coastwise
trade (see § 4.80 of this chapter) shall be
entitled to transport merchandise
under this section.

§ 18.1
(2) Merchandise to be transported
from one port to another in the United
States under cover of a TIR carnet (see
part 114 of this chapter), except merchandise not otherwise subject to Customs control, as provided in §§ 18.41
through 18.45, shall be delivered to a
common carrier or contract carrier
bonded for that purpose, but the merchandise thereafter may be transported
with the use of other bonded or nonbonded common or contract carriers.
The TIR carnet shall be responsible for
liability incurred in the carriage of
merchandise under the carnet, and the
carrier’s bond shall be responsible as
provided in § 114.22(d) of this chapter.
(3) Merchandise to be transported
from one port to another in the United
States under cover of an A.T.A. or
TECRO/AIT carnet (see part 114 of this
chapter) shall be delivered to a common carrier or contract carrier bonded
for that purpose, but the merchandise
thereafter may be transported with the
use of other bonded or nonbonded common or contract carriers. The A.T.A. or
TECRO/AIT carnet shall be responsible
for liability incurred in the carriage of
merchandise under the carnet, and the
carrier’s bond shall be responsible as
provided in § 114.22(d) of this chapter.
(b) Pursuant to Public Resolution
108, of June 19, 1936, (19 U.S.C. 1551,
1551a) and subject to compliance with
all other applicable provisions of this
part, the port director, upon the request of the party in interest, may permit merchandise entered and examined
for Customs purposes to be transported
in bond between the ports named in the
resolution by bonded cartmen or
lightermen duly qualified in accordance with the provisions of part 112 of
this chapter, if the port director is satisfied that the transportation of such
merchandise in this manner will not
endanger the revenue.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 71–70, 36 FR 4485, Mar. 6, 1971; T.D. 71–
263, 36 FR 20291, Oct. 20, 1971; T.D. 73–140, 38
FR 13550, May 23, 1973; T.D. 78–99, 43 FR 13061,
Mar. 29, 1978; T.D. 82–116, 47 FR 27261, June
24, 1982; T.D. 82–145, 47 FR 35478, Aug. 16, 1982;
47 FR 39478, Sept. 8, 1982; T.D. 84–149, 49 FR
28698, July 16, 1984; T.D. 89–1, 53 FR 51254,
Dec. 21, 1988; T.D. 96–18, 61 FR 6779, Feb. 22,
1996; T.D. 98–10, 63 FR 4167, Jan. 28, 1998]

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§ 18.2

19 CFR Ch. I (4–1–01 Edition)

§ 18.2 Receipt by carrier; manifest.
(a)(1) Merchandise other than from
warehouse or foreign trade zone delivered
to bonded carrier. Except as set forth in
paragraphs (a)(2) and (a)(3) of this section, within 5 working days after presentation of an entry for merchandise to
be transported in-bond, the forwarding
carrier shall take receipt of the merchandise if no other entry is filed. If
the forwarding carrier fails to take receipt of the merchandise within the
prescribed period, the transportation
entry shall be canceled and the merchandise shall be treated as unclaimed
as of the date of original arrival.
(2) When merchandise is delivered to
a bonded carrier for transportation inbond, the merchandise shall be laden
on the conveyance under supervision of
a Customs officer unless—
(i) The transporting conveyance is
not to be sealed with Customs seals, or
(ii) The lading inspector accepts the
check of the carrier as to the merchandise laden. The carrier’s receipt shall
be given immediately to the lading inspector on the Customs in-bond document (the appropriate Customs Form
7512, or the carnet) covering the merchandise. In the case of a carnet, the
receipt shall be given on the appropriate vouchers in the following form:
Received the cargo listed herein for delivery to Customs at the indicated port of destination or exportation, or for direct exportation.
Name of Carrier (or Exporter) lllllll
Attorney-in-fact or Agent of Carrier (or Exporter) llllllllllllllllll
llllllllllllllllllllllll
Date lllllllllllllllllllll

(3) Merchandise delivered from warehouse. When merchandise is delivered
from a warehouse to a bonded carrier
for transportation in bond, supervision
of lading shall be accomplished in accordance with the procedure set forth
in § 19.6(b) of this chapter.
(4) Merchandise delivered from foreign
trade zone. When merchandise is delivered from a foreign trade zone to a
bonded carrier for transportation in
bond, supervision of lading will be accomplished in accordance with the procedure set forth in § 146.71(a) of this
chapter.
(b) A Customs in-bond document,
containing a description of the mer-

chandise, shall be prepared by the carrier or any of the parties named in
§ 18.11(b), whenever merchandise is
being transported in bond. The Customs in-bond document thus prepared
shall then be signed by the carrier or
any of the parties named in § 18.11(b).
All copies of the in-bond document
shall be signed by the importing carrier or his agent and the in-bond carrier or his agent to indicate the quantity delivered for transportation in
bond. When there is no discrepancy between the quantity manifested by the
importing carrier and the quantity delivered to the in-bond carrier, the port
director may authorize waiving the signature of the parties in interest as to
delivered quantities. Quantities of
goods transported in bond from a Customs bonded warehouse shall be accounted for under the procedures set
forth in § 19.6 of this chapter. Except as
prescribed in subpart D of part 123 of
this chapter, relating to merchandise
in transit through the United States
between ports in contiguous foreign
territory, a separate set shall be prepared for each entry and, if the consignment is contained in more than
one conveyance, a separate set shall be
prepared for each conveyance.
(c)(1) After the merchandise has been
laden and the in-bond carrier or his
agent has receipted the in-bond document, Customs Form 7512 (in duplicate), together with any related carnet
shall be delivered as a manifest to the
conductor, master, or person in charge
to accompany the merchandise to its
port of destination or exportation. If
more than one conveyance is used to
transport the merchandise, two copies
of Customs Form 7512 shall accompany
each conveyance as a manifest of the
merchandise transported by that conveyance. A TIR carnet (see § 18.3(b))
shall not be used if more than one conveyance is required.
(2) Except transit air cargo provided
for in § 122.118 of this chapter, bonded
merchandise destined to a final port of
destination in the United States, or for
export from the United States, shall be
delivered to Customs at the port of destination or exportation within 30 days
after the date of receipt by the forwarding carrier at the port of origin, if
transported on land. If the merchandise

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United States Customs Service, Treasury
is transported on board a vessel engaged in the United States coastwise
trade, delivery to Customs at the port
of destination or exportation shall be
within 60 days after the date of receipt
by the forwarding carrier at the port of
origin. Failure to deliver the merchandise within the prescribed period shall
constitute an irregular delivery and
the initial bonded carrier shall be subject to applicable penalties (see § 18.8).
(d) Promptly, but no more than 2
working days after the arrival of any
portion of the in-bond shipment at the
port of destination, the delivering carrier shall surrender the in-bond manifest (the in-bond document any related
carnet) to the port director as notice of
arrival of the merchandise. If the inbond manifest is lost in transit, the inbond carrier shall report the arrival of
the merchandise within the prescribed
period and shall be responsible for obtaining copies of the original in-bond
manifest. Failure to surrender the inbond manifest or report the arrival of
bonded merchandise within the prescribed period shall constitute an irregular delivery and the initial bonded
carrier shall be subject to applicable
penalties (see § 18.8).
[T.D. 71–70, 36 FR 4485, Mar. 6, 1971, as amended by T.D. 81–243, 46 FR 45602, Sept. 14, 1981;
T.D. 82–204, 47 FR 49368, Nov. 1, 1982; T.D. 84–
212, 49 FR 39046, Oct. 3, 1984; T.D. 86–16, 51 FR
5063, Feb. 11, 1986; T.D. 87–75, 52 FR 20067,
May 29, 1987; T.D. 88–12, 53 FR 9315, Mar. 22,
1988; T.D. 98–74, 63 FR 51288, Sept. 25, 1998;
T.D. 00–22, 65 FR 16517, Mar. 29, 2000]

§ 18.3 Transshipment;
bonded cartmen.

transfer

by

(a) When bonded merchandise in one
conveyance is to be transshipped under
Customs supervision to another single
conveyance while en route to the port
of destination or exportation, the inbond document which accompanied the
merchandise shall be presented to the
port director at the place of transshipment for execution of a certificate
of transfer thereon. The in-bond document shall be returned to the carrier to
accompany the merchandise to the
port of destination or exportation. Except as provided in paragraph (c) of
this section, merchandise covered by a
TIR carnet shall not be transshipped if
the transshipment involves the unlad-

§ 18.3
ing of the merchandise from a container or road vehicle.
(b) When bonded merchandise, other
than merchandise covered by a TIR
carnet, is to be transshipped to more
than one conveyance, the carrier or
any of the parties named in § 18.11(b)
shall prepare for each such conveyance
two additional copies of the Customs
Form 7512 which accompanied the merchandise to the place of transshipment.
The Customs Form 7512 which accompanied the shipment to the place of
transshipment shall be presented to
the port director there. The Customs
officer supervising the transshipment
shall execute a certificate of transfer
on all copies of the Customs Form 7512.
The original copies of the Customs
Form 7512 shall be delivered to the conductor, master, or person in charge of
the first conveyance. Two additional
copies of the Customs Form 7512 shall
be delivered to the person in charge of
each additional conveyance in which
the merchandise is forwarded for delivery to the director of the port of destination or exportation.
(c) Merchandise covered by a TIR
carnet may be transshipped in a case
involving the unlading of the merchandise from a container or road vehicle
only if the transshipment is necessitated by casualty en route. In the
event of transshipment, a TIR approved container or road vehicle shall
be used if available. If the transshipment takes place under Customs
supervision, the Customs officer shall
excute a certificate of transfer on the
appropriate TIR carnet voucher.
(d) If it becomes necessary at any
point in transit to remove the Customs
seals from a conveyance or container
containing bonded merchandise for the
purpose of transferring its contents to
another conveyance or container, or to
gain access to the shipment because of
casualty or for other good reason, and
it cannot be done under Customs supervision because of the element of time
involved or because there is no Customs officer stationed at such point, a
responsible agent of the carrier may remove the seals, supervise the transfer
or handling of the merchandise, seal
the conveyance or container in which
the shipment goes forward, and make
appropriate notation of his action on

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§ 18.4

19 CFR Ch. I (4–1–01 Edition)

the conductor’s or master’s copy of the
manifest, or the outside back cover of
the TIR carnet, including the date, serial numbers of the new seals applied,
and the reason therefor. This authorization shall not apply in any case not
involving a real emergency.
(e) All transfers to or from the conveyance or warehouse of merchandise
undergoing transportation in bond
shall be made under the provisions of
part 125 of this chapter and at the expense of the parties in interest, unless
the bond of the carrier on Customs
Form 301, containing the bond conditions set forth in § 113.63 of this chapter
or a TIR carnet is liable for the safekeeping and delivery of the merchandise while it is being transferred.
[T.D. 71–70, 36 FR 4486, Mar. 6, 1971, as amended by T.D. 82–204, 47 FR 49368, Nov. 1, 1982;
T.D. 84–212, 49 FR 39046, Oct. 3, 1984; T.D. 84–
213, 49 FR 41168, Oct. 19, 1984; T.D. 89–1, 53 FR
51254, Dec. 21, 1988; T.D. 00–22, 65 FR 16517,
Mar. 29, 2000]

§ 18.4 Sealing conveyances and compartments; labeling packages; warning cards.
(a)(1) Conveyances or compartments
in which carload lots of bonded merchandise are transported shall be
sealed with commercial shipper seals,
Customs red in-bond seals, or other accepted seals. High-security Customs
seals will be required on carload or
containerized shipments where the
Customs officer reviewing the in-bond
entry determines it is required to adequately protect the revenue and prevent violations of Customs laws. The
bonded carrier will provide Customs
with the necessary seals. When the
compartment or conveyance cannot be
effectively sealed, as in the case of
merchandise shipped in open cars or
barges, or on the decks of vessels, or
when it is known that any seals would
necessarily be removed outside the jurisdiction of the United States for the
purpose of discharging or taking on
cargo, or when it is known that the
breaking of the seals will be necessary
to ventilate the hatches, or in other
similar circumstances, such sealings
may be waived with the consent of the
carrier and an appropriate notation of
such waiver shall be made on the manifest. The Commissioner of Customs

may authorize the waiver of sealing of
conveyances or compartments in which
bonded merchandise is transported in
other cases when in his opinion the
sealing thereof is unnecessary to protect the revenue or to prevent violations of the Customs laws and regulations.
(2) The port director shall cause a
Customs seal to be affixed to a container or road vehicle which is being
used to transport merchandise under
cover of a TIR carnet unless the container or road vehicle bears a customs
seal (domestic or foreign). The port director shall likewise cause a Customs
seal or label to be affixed to heavy or
bulky goods being so transported. If,
however, he has reason to believe that
there is a discrepancy between the
merchandise listed on the Goods Manifest of the carnet and the merchandise
which is to be transported, he shall
cause a Customs seal or label to be affixed only when the listing of the merchandise in the carnet and a physical
inventory agree.
(b) Ports at which the facilities are
insufficient to maintain continuous
customs supervision over vessels arriving with bonded cargo while the bonded
merchandise is not under Customs
seals shall permit the vessels to proceed to destination without further
sealing and notation to this effect shall
be made on the manifest.
(c)(1) Merchandise not under bond
may be transported in sealed conveyances or compartments containing
bonded goods when destined for the
same place or places beyond, but not
when intended for intermediate places.
(2) Merchandise moving under cover
of a carnet may not be consolidated
with other merchandise.
(d) The seals to be used in sealing
conveyances, compartments, or packages must meet Customs standards
provided in § 24.13a of this chapter, and
may be obtained in accordance with
§ 24.13 of this chapter.
(e) Except as otherwise provided for
in this paragraph, packages shipped in
bond or by a carrier permitted to
transport articles under the last sentence of section 553 of the tariff act, as
amended, shall be corded and sealed or,
in lieu thereof, the carrier shall furnish
and attach to each such package a

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United States Customs Service, Treasury
warning label on bright red paper, not
less than 5 by 8 inches in size, containing the following legend in black
or white lettering of a conspicuous
size:
U.S. CUSTOMS
This package is under bond and must be
delivered intact to the Customs officer in
charge at the port of destination or to such
other place as authorized by Customs.
WARNING. Two years’ imprisonment, $5,000
fine, or both, is the penalty for unlawful removal of this package or any of its contents.
Transportation Entry No. llll; From
llllTo llll; This package to be delivered to Customs at llllllll (If other
than port of destination)

A carrier at its option may omit the
last three lines of the above legend
from the warning label but if not omitted the information called for must be
filled in. If the size of the package renders the use of a 5 × 8 inch warning
label impracticable because of lack of
space, a 3 × 5 inch label may be used. A
high
visibility,
pressure-sensitive
warning label, whether as a continuous
series in tape form or otherwise, but
not less than 11⁄2 by 3 inches in size,
may be used on any size package. Such
cording and sealing or labeling of the
packages so shipped is not required either when the packages are transported in a conveyance or compartment sealed with Customs seals, or
when the sealing of the conveyance or
compartment in which the packages
are transported is waived under paragraph (a) or (b) of this section. When
the packages are shipped in a railroad
car the sealing of which is practicable
but which is not sealed because merchandise not being transported in bond
is or may be carried in the same car,
the packages being transported in bond
shall be corded and sealed or labeled.
(f) The warning label, when used,
shall be pasted securely on the package
under Customs supervision as close as
practicable to the mark or number on
the package. Additional labels may be
required by the port director in such
places on the package as he shall specify in any case where he is of the opinion that one is not adequate.
(g) When, in the case of crates and
similar packages, it is impossible to attach the warning labels by pasting,

§ 18.4a
bright red shipping tags of convenient
size, large enough to be conspicuous
and containing the same legend as the
labels, shall be used in lieu of labels.
Such tags shall be wired or otherwise
securely fastened to the packages in
such manner as not to injure the merchandise.
(h) Bonded carriers shall furnish and
securely attach to the side doors of
cars, to the doors of compartments,
and on vehicles carrying bonded merchandise which are secured with Customs seals, bright red cards, 8 by 101⁄4
inches in size, which shall be attached
near such seals and on which shall be
printed in large, clear, black letters
the following:
United States Customs. Two years’ imprisonment, or $5,000 fine, or both, is the penalty
for the unlawful removal of United States
Customs seals on this car, vehicle, or compartment. United States Customs officers
only are authorized to break these seals.
Car or vessel llllllllllllllll
Number or name llllllllllllll
From llllllllllllllllllll
To llllllllllllllllllllll
NOTICE: The merchandise in this car, vehicle, or compartment shall be delivered to the
chief officer of the customs at llll.

(i) Removal of seals.
vided in § 18.3(d) and
chapter, seals affixed
tion shall be removed
toms supervision.

Except as
§ 19.6(e) of
under this
only under

prothis
secCus-

[28 FR 14755, Dec. 31, 1963]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 18.4, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

§ 18.4a Containers or road vehicles accepted for transport under customs
seal; requirements.
(a)(1) Containers covered by the Customs Convention on Containers shall
be accepted for transport under Customs seal (see § 18.4) if (i) durably
marked with the name and address of
the owner, particulars of tare, and
identification marks and numbers, and
(ii) constructed and equipped as outlined in Annex 1 to the Customs Convention on Containers, as evidenced by
an accompanying unexpired certificate
of approval in the form prescribed by
Annex 2 to that Convention or by a

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§ 18.5

19 CFR Ch. I (4–1–01 Edition)

metal plate showing design type approval by a competent authority.
(2) Containers carrying merchandise
covered by a TIR carnet shall be accepted for transport under Customs
seal (see § 18.4) if (i) durably marked
with the name and address of the
owner, particulars of tare, and identification marks and numbers, (ii) constructed and equipped as outlined in
Annex 6 to the TIR Convention, as evidenced by an accompanying unexpired
certificate of approval in the form prescribed by Annex 8 to that Convention,
or by a metal plate showing design
type approval by a competent authority, and (iii) if the container or road
vehicle hauling the container has affixed to it a rectangular plate bearing
the letters ‘‘TIR’’ in accordance with
Article 31 of the TIR Convention.
(b) Road vehicles carrying merchandise covered by a TIR carnet shall be
accepted for transport under Customs
seal if (1) durably marked with the
name and address of the owner, particulars of tare, and identification
marks and numbers, (2) constructed
and equipped as outlined in Annex 3 to
the TIR Convention, as evidenced by an
accompanying unexpired certificate of
approval in the form prescribed by
Annex 5 to that Convention, or by a
metal plate showing design type approval by a competent authority, and
(3) if the road vehicle has affixed to it
a rectangular plate bearing the letters
‘‘TIR’’ in accordance with Article 31 of
the TIR Convention.
(c) The port director may refuse to
accept for transport under Customs
seal a container or road vehicle bearing
evidence of approval if, in his opinion,
the container or road vehicle no longer
meets the requirements of the applicable Convention.
(d) Containers or road vehicles which
are not approved under the provisions
of a Customs Convention may be accepted for transport under Customs
seal only if the port director at the
port of origin is satisfied that (1) the
container or road vehicle can be effectively sealed and (2) no goods can be removed from or introduced into the container or road vehicle without obvious
damage to it or without breaking the
seal. A container or road vehicle so ac-

cepted shall not carry merchandise
covered by a TIR carnet.
[T.D. 71–70, 36 FR 4486, Mar. 6, 1971, as amended by T.D. 89–1, 53 FR 51254, Dec. 21, 1988]

§ 18.5

Diversion.

(a) Merchandise forwarded under any
class of transportation entry may be
diverted to any port other than the
port named in the entry at the option
of the consignee or agent. Except as
provided for in paragraphs (c), (d), (e)
and (f) of this section, prior application
or approval of such diversion is not required.
(b) The director of the port to which
merchandise is diverted may permit
merchandise in transit under bond
under any class of transportation entry
to be entered at his port for consumption, warehouse, exportation, further
transportation in bond, or under any
provisions of the tariff laws.
(c) When merchandise which has been
delivered to the director of the port of
original destination or port of diversion under any class of transportation
entry is to be forwarded to another
port or returned to the port of origin, a
new transportation entry shall be required. If the merchandise is moving
under cover of a carnet, the carnet may
be accepted as a transportation entry.
(d) If it is desired to split a shipment
at a port of destination and to enter a
portion for consumption or warehouse
and forward the balance in bond, or to
divert the entire shipment or a part
thereof to more than one port, the director of the port where diversion
takes place shall complete the original
transaction and shall require the filing
of a new transportation entry or entries for the portion or portions forwarded. In the case, however, of merchandise being transported under cover
of a carnet, splitting up of a shipment
shall not be permitted.
(e) The diversion of shipments in
bond which are subject on importation
to restriction or prohibition under
quarantines and regulations of the Agricultural Research Service of the Department of Agriculture shall be allowed only upon written permission or
under regulations issued by the agency
concerned.

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United States Customs Service, Treasury
(f) The diversion of in-bond shipments, which contain textiles or textile products subject to section 204, Agricultural Act of 1956, as amended (7
U.S.C. 1854), during the in-bond movement shall be allowed only upon the
prior written permission of the director
of the port of origin.
[T.D. 71–70, 36 FR 4487, Mar. 6, 1971, as amended by T.D. 82–116, 47 FR 27261, June 24, 1982;
T.D. 84–207, 49 FR 38247, Sept. 28, 1984; T.D.
85–38, 50 FR 8723, Mar. 5, 1985]

§ 18.6 Short
shipments;
shortages;
entry and allowance.
(a) When there has been a short shipment and the short-shipped packages
are subsequently received, they may be
forwarded only under a new transportation entry referenced to the original
entry.
(b) When there is a shortage of one or
more packages, or nondelivery of an
entire shipment, or delivery to unauthorized locations, or delivery to the
consignee without the permission of
Customs, the port director may demand return of the merchandise to
Customs custody. The demand shall be
made no later than 30 days after the
shortage, delivery, or nondelivery is
discovered by Customs. The demand for
the return of the merchandise to Customs custody shall be made on the
bonded carrier, cartman, or lighterman
identified on the Transportation Entry
and Manifest of Goods Subject to Customs Inspection and Permit, Customs
Form 7512, the Transit Air Cargo Manifest (TACM), or other appropriate document. The demand for the return of
the merchandise shall be made on Customs Form 4647, Notice of Redelivery,
or other appropriate form or by letter.
A copy of the demand with the date of
mailing or delivery noted thereon,
shall be retained by the port director
and made part of the in-bond entry
record. Entry of the merchandise may
be accepted if the merchandise can be
recovered intact without any of the
packages having been opened. In such
cases, any shortage from the invoice
quantity shall be presumed to have occurred while the merchandise was in
the possession of the bonded carrier.
(c) If the merchandise cannot be recovered intact, as specified above,
entry shall be accepted in accordance

§ 18.6
with § 141.4 of this chapter for the full
manifested quantity unless a lesser
amount is otherwise permitted in accordance with subpart A of part 158.
Except as provided in paragraph (d) of
this section, if the merchandise is not
returned to Customs custody within 30
days of the date of mailing or date of
delivery of the demand for redelivery,
there shall be sent to the initial bonded
carrier a demand for liquidated damages on Customs Form 5955–A, in the
case of nondelivery of an entire shipment or on Customs Form 5931, in the
case of a partial shortage.
(d) If merchandise covered by a
carnet cannot be recovered intact, as
specified in paragraph (b) of this section, entry shall not be accepted; there
shall be sent to the appropriate guaranteeing association a demand for liquidated damages, duties, and taxes as
prescribed in § 18.8(e); and, if appropriate, there shall also be sent to the
initial bonded carrier a demand for any
excess, as provided in § 114.22(d) of this
chapter. Demands shall be made on the
forms specified in paragraph (c) of this
section.
(e) An allowance in duty on merchandise reported short at destination, including merchandise found by the appraising officer to be damaged and
worthless, and animals and birds found
by the discharging officer to be dead on
arrival at destination, shall be made in
the liquidation of the entry.
(f) In the case of shipments arriving
in the United States by rail or seatrain
which are forwarded under Customs inbond seals under the provisions of subpart D of part 123 of this chapter, and
§ 18.11, or § 18.20, a notation shall be
made by the carrier or shipper on the
in-bond manifest, Customs Form 7512,
to show whether the shipment was
transferred to the car designated in the
manifest or whether it was laden in the
car in the foreign country, which shall
be named.
[T.D. 71–70, 36 FR 4487, Mar. 6, 1971, as amended by T.D. 82–116, 47 FR 27261, June 24, 1982;
T.D. 82–158, 47 FR 37881, Aug. 27, 1982; T.D. 84–
213, 49 FR 41168, Oct. 19, 1984; T.D. 85–180, 50
FR 42517, Oct. 21, 1985; T.D. 97–82, 62 FR 51770,
Oct. 3, 1997]

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§ 18.7

19 CFR Ch. I (4–1–01 Edition)

§ 18.7 Lading
for
exportation,
verification of.
(a) Promptly, but no more than 2
working days, after arrival of any portion of the in-bond shipment at the
port of exportation, the delivering carrier shall surrender the in-bond manifest (the in-bond document any related
carnet) to the port director as notice of
arrival of the merchandise. If the inbond manifest is lost in transit, the inbond carrier shall report the arrival of
the merchandise within the prescribed
period and shall be responsible for obtaining copies of the original in-bond
manifest. Failure to surrender the inbond manifest or report the arrival of
bonded merchandise within the prescribed period shall constitute an irregular delivery and the initial bonded
carrier shall be subject to applicable
penalties (see § 18.8).
(b) The port director shall require
only such supervision of the lading for
exportation of merchandise covered by
an entry or withdrawal for exportation
or for transportation and exportation
as is reasonably necessary to satisfy
him that the merchandise has been
laden on the exporting conveyance.
(c) Whenever the circumstances warrant, and occasionally in any event,
port directors shall request the Office
of Enforcement to check export entries
and withdrawals against the records of
the exporting carriers. Such check or
verification shall include an examination of the carrier’s records of claims
and settlement of export freight
charges and any other records which
may relate to the transaction. The exporting carrier shall maintain these
records for 5 years from the date of exportation of the merchandise.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 79–159, 44 FR 31967, June 4, 1979; T.D. 84–
212, 49 FR 39047, Oct. 3, 1984; T.D. 91–77, 56 FR
46114, Sept. 10, 1991; T.D. 00–22, 65 FR 16517,
Mar. 29, 2000]

§ 18.8 Liability for shortage, irregular
delivery, or nondelivery; penalties.
(a) The initial bonded carrier shall be
responsible for shortage, irregular delivery, or nondelivery at the port of
destination or exportation of bonded
merchandise received by it for carriage. An acceptable proof of proper delivery of bonded merchandise to Cus-

toms at the port of destination or exportation is a properly receipted copy
of the in-bond document (the appropriate Customs Form 7512 or 7520, or
the carnet). When sealing is waived,
any loss found to exist at the port of
destination or exportation shall be presumed to have occurred while the merchandise was in the possession of the
carrier, unless conclusive evidence to
the contrary is produced.
(b) Carriers shall be liable for payment of liquidated damages under the
carriers bond for any shortage, failure
to deliver, or irregular delivery, as provided in such bond.
(c) In addition to the penalties described in paragraph (b) of this section,
the carrier shall pay any internal-revenue taxes, duties, or other taxes accruing to the United States on the
missing merchandise, together with all
costs, charges, and expenses caused by
the failure to make the required transportation, report, and delivery.
(d) In any case in which liquidated
damages are imposed in accordance
with this section and the Fines, Penalties, and Forfeitures Officer is satisfied by evidence submitted to him with
a petition for relief filed in accordance
with the provisions of Part 172 of this
chapter that any violation of the terms
and conditions of the bond occurred
without any intent to evade any law or
regulation, the Fines, Penalties, and
Forfeitures Officer, in accordance with
delegated authority, may cancel such
claim upon the payment of any lesser
amount or without the payment of any
amount as may be deemed appropriate
under the law and in view of the circumstances.
(e)(1) The domestic guaranteeing association shall be jointly and severally
liable with the initial bonded carrier
for duties and taxes accruing to the
U.S., and any other charges imposed, in
lieu thereof, as the result of any shortage, irregular delivery, or nondelivery
at the port of destination or port of
exit of merchandise covered by a TIR
carnet. The liability of the domestic
guaranteeing association is limited to
$50,000 per TIR carnet for duties, taxes,
and sums collected in lieu thereof. Penalties imposed as liquidated damages
on the initial bonded carrier, and sums
assessed the guaranteeing association

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United States Customs Service, Treasury
in lieu of duties and taxes for any
shortage, irregular delivery, or nondelivery shall be in accordance with
this section. If a TIR carnet has not
been discharged or has been discharged
subject to a reservation, the guaranteeing association shall be notified
within 1 year of the date upon which
the carnet is taken on charge, including time for receipt of the notification,
except that if the discharge shall have
been obtained improperly or fraudulently the period shall be 2 years. However, in cases which become the subject
of legal proceedings during the abovementioned period, no claim for payment shall be made more than 1 year
after the date when the decision of the
court becomes enforceable.
(2) Within 3 months from the date demand for payment is made by the port
director as provided by § 18.6(d), the
guaranteeing association shall pay the
amount claimed, except that if the
amount claimed exceeds the liability of
the guaranteeing association under the
carnet (see § 114.22(d) of this chapter),
the carrier shall pay the excess. The
amount paid shall be refunded if, within a period of 1 year from the date on
which the claim for payment was
made, it is established to the satisfaction of the Commissioner of Customs
that no irregularity occurred. The
Fines, Penalties, and Forfeitures Officer may cancel liquidated damages assessed against the guaranteeing association to the extent authorized by
paragraph (d) of this section.
(3) The domestic guaranteeing association shall be jointly and severally
liable with the initial bonded carrier
for pecuniary penalties, liquidated
damages, duties, and taxes accruing to
the United States and any other
charges imposed as the result of any
shortage,
irregular
delivery,
or
nondelitery at the port of destination
or port of exit of merchandise covered
by an A.T.A. or TECRO/AIT carnet.
However, the liability of the guaranteeing association shall not exceed the
amount of the import duties by more
than 10 percent. If an A.T.A. or TECRO/
AIT carnet is unconditionally discharged with respect to certain goods,
the guaranteeing association will no
longer be liable on the carnet with respect to those goods unless it is subse-

§ 18.9
quently discovered that the discharge
of the carnet was obtained fraudulently
or improperly or that there has been a
breach of the conditions of temporary
admission or of transit. No claim for
payment shall be made more than one
year following the date of expiration of
the validity of the carnet. The guaranteeing association shall be allowed a
period of six months from the date of
any claim by the port director in which
to furnish proof of the reexportation of
the goods or of any other proper discharge of the A.T.A. or TECRO/AIT
carnet. If such proof is not furnished
within
the
time
specified,
the
guranteeing association shall either deposit or provisionally pay the sums.
The deposit or payment shall become
final three months after the date of the
deposit or payment, during which time
the guaranteeing association may still
furnish proof of the reexportation of
the goods to recover the sums deposited or paid.
[28 FR 14755, Dec. 31, 1963]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 18.8, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

§ 18.9 Examination by inspectors of
trunk line associations or agents of
the Interstate Commerce Commission.
(a) Upon presentation of proper credentials showing the applicant to be a
representative of the Trunk Line Association, the Interstate Commerce Commission, the Joint Rate Inspection Bureau of Chicago, or the Southern
Weighing and Inspection Bureau of Atlanta, inspectors of Customs in charge
shall permit such applicant to open and
examine packages containing in-bond
merchandise described in the manifest
in general terms for the purpose of
ascertaining whether the merchandise
is properly classified under the interstate commerce laws.
(b) The opening and examination of
such packages shall be without expense
to the Customs Service or the owner of
the goods and shall be done in the presence of a Customs officer. The contents
of the cases shall not be removed or
disturbed further than is necessary to
ascertain the character thereof. The

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§ 18.10

19 CFR Ch. I (4–1–01 Edition)

Customs officer shall require the packages to be securely closed, and shall
note on the manifest the packages so
inspected, the date, and by whom inspected.
§ 18.10

Kinds of entry.

(a) The following entries and withdrawals may be made for merchandise
to be transported in bond:
(1) Entry for immediate transportation without appraisement.
(2) Warehouse or rewarehouse withdrawal for transportation.
(3) Warehouse or rewarehouse withdrawal for exportation or for transportation and exportation.
(4) Entry for transportation and exportation.
(5) Entry for exportation.
(b) The copy of each entry or withdrawal made in any of the classes
named in paragraph (a) of this section
which is retained in the office of the
forwarding port director shall be signed
by the party making the entry or withdrawal. In the case of shipments to the
Virgin Islands (U.S.) under paragraph
(a), (3), (4), or (5) of this section, one
additional copy of the entry or withdrawal on Customs Form 7512 shall be
filed and shall be mailed by the receiving port director to the port director,
Charlotte Amalie, St. Thomas, Virgin
Island (U.S.). Before shipping merchandise in bond to another port for the
purpose
of
warehousing
or
rewarehousing, the shipper should ascertain whether warehouse facilities
are available at the intended port of
destination.
[28 FR 14755, Dec. 21, 1963, as amended by
T.D. 89–1, 53 FR 51254, Dec. 21, 1988]

§ 18.10a

Special manifest.

(a) General. Merchandise for which no
other type of bonded movement is appropriate (e.g., prematurely discharged
or overcarried merchandise and other
such types of movements whereby the
normal transportation-in-bond procedures are not applicable) may be
shipped in bond from the port of unlading to the destination shown on the importing carrier’s manifest (manifested
port) when authorized by the port director having custody of the merchandise. For this purpose, Custom’s Form

7512 prepared in quadruplicate shall be
used as a special manifest.
(b) Manifest procedures. (1) Written
application shall be made to the port
director where the merchandise is
being held for permission to return it
as a bonded shipment under a special
manifest to the manifested port, including to the port of diversion (see
section 4.33 of this chapter), when different from the original manifested
port.
(2) The application and accompanying completed Customs Form 7512
shall identify the prematurely discharged or overcarried merchandise on
the inward manifest of the importing
carrier; and also identify the date and
entry number of any entry made at the
manifested port covering the merchandise to be returned, if known. If the
port director is satisfied that the merchandise will be delivered to Customs
custody at the manifest port before expiration of 90 days from the date of the
entry identified, or 90 days from the
date of the importing carrier’s arrival
at the manifested port when no entry
is identified, the port director may approve the shipment under a special
manifest.
[T.D. 83–218, 48 FR 48657, Oct. 20, 1983; 48 FR
49655, Oct. 27, 1983]

IMMEDIATE TRANSPORTATION WITHOUT
APPRAISEMENT
§ 18.11 Entry; classes of goods for
which entry is authorized; form
used.
(a) Entry for immediate transportation without appraisement may be
made under section 552, Tariff Act of
1930, (1) for any merchandise, except
explosives and prohibited merchandise,
upon its arrival at a port of entry, or
(2) for merchandise in general-order
warehouse at any time within 6 months
from the date of importation.
(b) Entry for immediate transportation without appraisement may be
made by (1) the carrier bringing the
merchandise to the port of arrival, (2)
the carrier who is to accept the merchandise under its bond or a carnet for
transportation to the port of destination, or (3) any person shown by the
bill of lading or manifest, a certificate
of the importing carrier, or by any

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United States Customs Service, Treasury
other document satisfactory to the
port director, to have a sufficient interest in the merchandise for that purpose.
(c) Before a shipment covered by an
entry for immediate transportation, including a carnet, or a manifest of baggage shipped in bond (other than baggage to be forwarded in bond to a Customs station—see § 18.13(a)), shall be allowed to be transported directly to a
place of deposit outside a port of entry
for examination and release as contemplated by section 484(f), Tariff Act
of 1930, as amended, the consent of the
director of the port of entry designated
in the transportation entry or baggage
manifest (or in the event of diversion
under § 18.5, for the port of destination
of the merchandise or baggage) must
first be secured. Before consent may be
given, the importer must furnish such
port director with a stipulation that,
promptly upon the arrival of any part
of the merchandise or baggage at the
place of deposit, he will file an entry
for the shipment at the port of entry
designated in the transportation entry
or baggage manifest (or in the event of
diversion under § 18.5, at the port of
destination of the merchandise or baggage) and will comply with the provisions of § 151.9 of this chapter.
(d) Carload shipments of livestock
shall not be entered for immediate
transportation without appraisement
unless they will arrive at destination
before it becomes necessary to remove
the seals for the purpose of watering
and feeding the animals, or unless the
route be such that the removal of the
seals and the watering, feeding, and reloading of the stock may be done under
Customs supervision.
(e) Entries for immediate transportation without appraisement covering
merchandise subject to detention of supervision by any Federal agency shall
contain a sufficient description of the
merchandise to enable the representative of the agency concerned to determine the contents of the shipment.
Such merchandise covered by quarantines and regulations administered
by the Bureau of Entomology and
Plant Quarantine shall be forwarded
under such entries only upon written
permission of or under regulations
issued by that Bureau. Entries for im-

§ 18.11
mediate transportation without appraisement covering textiles and textile products subject to section 204, Agricultural Act of 1956, as amended (7
U.S.C. 1854), shall be described in such
detail as to enable the port director to
estimate the duties and taxes, if any,
due. The port director may require evidence to satisfy him of the approximate correctness of the value and
quantity stated in the entry (e.g. Detailed quantity description, 14 cartons,
2 dozen per carton); Detailed description of the textiles or textile products
including type of commodity and chief
fiber content (e.g., men’s cotton jeans
or women’s wool sweaters); Net weight
of the textiles or textile products (including immediate packing but excluding pallet); Total value of the textiles
or textile products; Manufacturer or
supplier; Country of orgin; Name(s) and
address(es) of the person(s) to whom
the textiles and textile products are
consigned; Harmonized code tariff
number (when available).
(f) One or more entire packages of
merchandise covered by an invoice
from one consignor to one consignee
may be entered for consumption or
warehouse at the port of first arrival,
and the remainder entered for immediate transportation without appraisement, provided all the merchandise
covered by the invoice is entered simultaneously and any carnet which
may cover such merchandise is discharged as to that merchandise.
(g) Several importations may be consolidated in one immediate transportation without appraisement entry
when bills of lading or carrier’s certificates name only one consignee at the
port of first arrival. However, merchandise moving under cover of a carnet
may not be consolidated with other
merchandise.
(h) Either Customs Form 7512, a
carnet, or an air waybill (see § 122.92 of
this chapter), shall be used as a combined transportation entry, invoice,
and manifest. If Customs Form 7512 is
used, a minimum of three copies shall
be required at the port of origin. The
port director, however, may require additional copies of Customs Form 7512 or
the Goods Manifest of the carnet for
use in connection with the delivery of
the merchandise to the bonded carrier.

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§ 18.12

19 CFR Ch. I (4–1–01 Edition)

In lieu of additional copies of the
Goods Manifest, the port director may
accept copies of a bill of lading covering the merchandise. The merchandise shall be described in such detail as
to enable the port director to estimate
the duties and taxes, if any, due. The
port director may require evidence to
satisfy him of the approximate correctness of the value or quantity stated in
the entry. If a TIR carnet is used, and
the duties and taxes estimated to be
due exceed the maximum liability of
the guaranteeing association under the
carnet, the provisions of § 114.22(d) of
this chapter shall apply.
(i) The value stated on the entry at
the port of first arrival is not binding
on the ultimate consignee making
entry at the port of destination and
does not relieve the importer of the obligation to show the correct value on
entry.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 71–70, 36 FR 4488, Mar. 6, 1971; T.D. 73–
175, 38 FR 17446, July 2, 1973; T.D. 82–116, 47
FR 27262, June 24, 1982; T.D. 84–207, 49 FR
38247, Sept. 28, 1984; T.D. 85–38, 50 FR 8723,
Mar. 5, 1985; T.D. 89–1, 53 FR 51254, Dec. 21,
1988; T.D. 92–82, 57 FR 38275, Aug. 24, 1992;
T.D. 98–74, 63 FR 51288, Sept. 25, 1998]

§ 18.12

Entry at port of destination.

(a) Merchandise received under an
immediate transportation without appraisement entry may be entered for
transportation and exportation or for
immediate transportation, or under
any other form of entry, and shall be
subject to all the conditions pertaining
to merchandise entered at a port of
first arrival if not more than 6 months
have elapsed from the date of original
importation. If more than 6 months
have elapsed, only an entry for consumption shall be accepted. Such entry
shall show the name of the port of first
arrival, the transporting carrier, and
the number of the immediate transportation entry. (See § 127.2 of this chapter.)
(b) The right to make entry at the
port of destination shall be determined
in accordance with the provisions of
§ 141.11 of this chapter.
(c) When a portion of a shipment is
entered at the port of first arrival and
the remainder is entered for consumption or warehouse at one or more sub-

sequent ports, the entry at each subsequent port may be made on an extract
of the invoice as provided for in § 141.84
of this chapter.
(d) All merchandise included in an
immediate transportation without appraisement entry (including carnets)
not entered within 15 calendar days
after delivery at the port of destination
shall be disposed of in accordance with
the applicable procedures in § 4.37 or
§ 122.50 or § 123.10 of this chapter.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 71–70, 36 FR 4488, Mar. 6, 1971; T.D. 73–
175, 38 FR 17446, July 2, 1973; T.D. 74–114, 39
FR 12091, Apr. 3, 1974; T.D. 82–116, 47 FR 27262,
June 24, 1982; T.D. 98–74, 63 FR 51288, Sept. 25,
1998]

SHIPMENT OF BAGGAGE IN BOND
§ 18.13 Procedure; manifest.
(a) Baggage may be forwarded in
bond to another port of entry, or to a
Customs station listed in § 101.4 of this
chapter, at the request of the passenger, the transportation company, or
the agent of either, with the use of a
baggage manifest described in paragraph (b) of this section without examination or assessment of duty at the
port or station of first arrival. For this
purpose, the carrier shall furnish cards
of bright red cardboard not less than
21⁄2 by 4 inches in size with the following printed text, for attachment (by
wire or cord) to the baggage:
UNITED STATES CUSTOMS
Check No. llllllllllllllllll
Baggage in bond:
Carrier ——————————————————
From ———————————————————
TO PORT DIRECTOR

At (destination) lllllllllllllll
This baggage must be delivered by carrier
to the director of the port of destination.
Failure to do so renders the carrier liable to
a fine.

(b) A Customs manifest for baggage
shipped in bond, Customs Form 7512,
shall be prepared in triplicate for each
shipment.
(c) Baggage arriving in bond or otherwise at a port on the Atlantic or Pacific coast, destined to a port on the
opposite coast, may be laden under
Customs supervision, without examination and without being placed in bond,

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United States Customs Service, Treasury
on a vessel proceeding to the opposite
coast, provided the vessel will proceed
to the opposite coast without stopping
at any other port on the first coast.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 70–121, 35 FR 8222, May 26, 1970; T.D. 77–
241, 42 FR 54937, Oct. 12, 1977; T.D. 87–75, 52
FR 20067, May 29, 1987; T.D. 00–22, 65 FR 16517,
Mar. 29, 2000]

§ 18.14 Shipment of baggage in transit
to foreign countries.
The baggage of any person in transit
through the United States from one
foreign country to another may be
shipped over a bonded route for exportation. Such baggage shall be shipped
under the regulations prescribed in
§ 18.13, except that the card or poster
shall be printed on yellow paper and
shall read ‘‘Baggage in bond for export.’’ See § 123.64 of this chapter for
the regulations applicable to baggage
shipped in transit through the United
States between points in Canada or
Mexico.

§ 18.21
(3)), in places where no bonded common
carrier facilities are reasonably available and merchandise is permitted to
be transported otherwise than by a
bonded common carrier, the port director may permit entry in accordance
with the procedure outlined in paragraph (a) of this section if he is satisfied that the revenue will not be endangered. A bond on Customs Form 301,
containing the bond conditions set
forth in § 113.62 of this chapter in an
amount equal to double the estimated
duties shall be required when the port
director deems such action necessary.
(See § 113.55 of this chapter for cancellation of export bonds.)
(c) The merchandise shall be forwarded in accordance with the general
provisions for transportation in bond,
§§ 18.1 through 18.8.

[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 70–121, 35 FR 8222, May 26, 1970]

[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 71–70, 36 FR 4489, Mar. 6, 1971; T.D. 74–
227, 39 FR 32015, Sept. 4, 1974; T.D. 82–116, 47
FR 27262, June 24, 1982; T.D. 84–212, 49 FR
39047, Oct. 3, 1984; T.D. 84–213, 49 FR 41168,
Oct. 19, 1984; T.D. 89–1, 53 FR 51254, Dec. 21,
1988; T.D. 92–82, 57 FR 38275, Aug. 24, 1992]

MERCHANDISE IN TRANSIT THROUGH THE
UNITED STATES TO FOREIGN COUNTRIES

§ 18.21 Restricted and prohibited merchandise.

§ 18.20 Entry procedure; forwarding.
(a) When an importation is entered
for transportation and exportation, except as provided for in subparts D, E, F
and G of part 123 of this chapter (relating to merchandise in transit through
the U.S. between two points in contiguous foreign territory), a carnet, three
copies of an air waybill (see § 122.92 of
this chapter), or four copies of Customs
Form 7512 shall be required. The port
director, however, may require additional copies of Customs Form 7512 or
the Goods Manifest of the carnet for
use in connection with the delivery of
the merchandise to, the bonded carrier.
In lieu of additional copies of a Goods
Manifest, the port director may accept
copies of a bill of lading covering the
merchandise. Acceptance of transportation and exportation entries shall be
subject to the requirements prescribed
in § 18.11(b) for entry of merchandise for
immediate transportation without appraisement.
(b) Except in respect to merchandise
covered by a carnet (see § 18.1(a) (2) and

(a) Merchandise subject upon importation to examination, disinfection, or
further treatment under quarantines
and Quarantine Division, Agricultural
Research Service, Department of Agriculture, shall be released for transportation or exportation only upon written permission of, or under regulations
issued by, that Bureau. (See §§ 12.10 to
12.15 of this chapter.)
(b) Narcotics and other articles prohibited admission into the commerce
of the United States shall not be entered for transportation and exportation and any such merchandise offered for entry for that purpose shall be
seized, except that exportation or
transportation and exportation may be
permitted upon written authority from
the proper governmental agency and/or
compliance with the regulations of
such agency.
(c) Articles in transit manifested
merely as drugs, medicines, or chemicals, without evidence to satisfy the
port director that they are non-narcotic, shall be detained and subjected,
at the carrier’s risk and expense, to

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§ 18.22

19 CFR Ch. I (4–1–01 Edition)

such examination as may be necessary
to satisfy the port director whether or
not they are of a narcotic character. A
properly verified certificate of the
shipper, specifying the items in the
shipment and stating whether narcotic
or not, may be accepted by the port director to establish the character of
such a shipment.
(d) Explosives shall not be entered for
transportation
and/or
exportation
under a transportation and exportation
entry, or an immediate transportation
entry unless the importer has first obtained a license or permit from the
proper governmental agency.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 84–77, 49 FR 13491, Apr. 5, 1984; T.D. 99–
27, 64 FR 13675, Mar. 22, 1999]

§ 18.22 Procedure at port of exit.
(a) If transfer is necessary, the procedure shall be as prescribed in § 18.3(d).
(b) Upon the arrival at the port of
exit of express shipments of articles
shown by the manifest, Customs Form
7512, to be baggage and to be deliverable to the owner on board the exporting vessel, such articles may be transferred by the express company, without
a permit from the port director and
without the use of a transfer ticket or
other Customs formality, from its terminal to the exporting vessel for lading
under Customs supervision, if the express company is bonded as a common
carrier and is responsible under its
bond for the delivery of the articles to
the Customs officer in charge of the exporting vessel. The manifest shall show
the name of the owner of the baggage
and the name of the vessel on which he
intends to sail.
§ 18.23 Change of destination; change
of entry.
(a) The foreign destination of such
merchandise may be changed by the
parties in interest upon notice to the
director of the port of exit from the
United States. The director of the port
of exit, in his discretion, may report
the application for a change of foreign
destination to the director of the port
of entry.
(b) Such merchandise may be entered
for consumption or warehouse or under
any other form of entry. If the merchandise is subject on importation to

quarantine and regulations administered by the Bureau of Entomology and
Plant Quarantine, it shall be entered
for consumption or warehouse only
upon written permission of, or under
regulations issued by, that Bureau.
(See §§ 12.10 to 12.15 of this chapter.)
§ 18.24 Retention of goods on dock;
splitting of shipments.
(a) Upon written application of a
party in interest and the written consent of the owner of the dock, the port
director, in his discretion, may allow
in-transit merchandise, including merchandise covered by a carnet, to remain on the dock under the supervision
of a Customs officer without extra expense to the Government for a period
not exceeding 90 days. Upon further application, additional extensions of 90
days or less, but not to exceed 1 year
from the date of importation, may
likewise be granted by the port director. The port director may take possession of the merchandise at any time.
(b) The splitting up of a shipment for
exportation shall be permitted when
exportation in its entirety is not possible by reason of the different destinations to which portions of the shipment
are destined, when the exporting vessel
cannot properly accommodate the entire quantity, or in similar circumstances. In the case, however, of
merchandise being transported under
cover of a carnet, splitting up of a shipment shall not be permitted.
[T.D. 71–70, 36 FR 4489, Mar. 6, 1971, as amended by T.D. 82–116, 47 FR 27262, June 24, 1982;
T.D. 00–57, 65 FR 53574, Sept. 5, 2000]

EXPORTATION FROM CUSTOMS CUSTODY
OF MERCHANDISE UNENTERED OR COVERED BY AN UNLIQUIDATED CONSUMPTION ENTRY, OR MERCHANDISE DENIED
ADMISSION BY THE GOVERNMENT
§ 18.25 Direct exportation.
(a) Except as otherwise provided for
in subpart F of part 145 of this chapter,
relating to exportations by mail, when
no entry has been made or completed
for merchandise in Customs custody, or
when the merchandise is covered by an
unliquidated consumption entry, or
when merchandise which has been entered in good faith is found to be prohibited under any law of the United

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United States Customs Service, Treasury
States, and such merchandise is to be
exported directly without transportation to another port, four copies of
Customs Form 7512 shall be filed. If a
TIR carnet covers the merchandise
which is to be exported directly without transportation, the carnet shall be
discharged or canceled, as appropriate
(see part 114 of this chapter), and four
copies of Form 7512 shall be filed. The
port director may require an extra
copy or copies of Form 7512 to be furnished for use in connection with delivery of the merchandise to the carrier
named in the entry. If an A.T.A. carnet
covers the merchandise which is to be
exported directly without transportation, the carnet shall be discharged
by the certification of the appropriate
transportation
and
reexportation
vouchers by Customs officers as necessary.
(b) A bond on Customs Form 301, containing the bond conditions set forth in
§ 113.63 of this chapter, shall be required. (See also § 158.45 of this chapter.)
(c) If the merchandise has been landed or is transferred from one vessel to
another and has not been entered for
consumption or, in the case of goods
entered for consumption and rejected,
such export declaration as required by
§ 30.3(a)(2) of the Foreign Trade Statistics Regulations (15 CFR 30.3(a)(2))
shall be filed.
(d) If the merchandise is exported in
the importing vessel without landing, a
representative of the exporting carrier
who has knowledge of the facts shall
certify that the merchandise entered
for exportation was not discharged during the vessel’s stay in port. A charge
shall be made against the continuous
bond on Customs Form 301, containing
the bond conditions set forth in § 113.64
of this chapter, if on file, or if a continuous bond is not on file, a single entry
bond containing the bond conditions
set forth in § 113.64 shall be required as
in the case of residue cargo for foreign
ports. If the merchandise is covered by
a TIR carnet, the carnet shall not be
taken on charge (see § 114.22(c)(2) of
this chapter).
(e) The principal on any bond filed to
guarantee direct exportation shall
cause the merchandise to be exported
and provide such evidence of expor-

§ 18.26
tation as required by the port director
under § 113.55 of this chapter within 30
days of exportation.
(f) Gunpowder and other explosive
substances, the deposit of which in any
public store or bonded warehouse is
prohibited by law, may be entered on
arrival from a foreign port for immediate exportation in bond by sea, but
shall be transferred directly from the
importing to the exporting vessel.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 68–299, 33 FR 18437, Dec. 12, 1968; T.D. 71–
70, 36 FR 4489, Mar. 6, 1971; T.D. 72–258, 37 FR
20174, Sept. 27, 1972; T.D. 73–135 38 FR 13369,
May 21, 1973; T.D. 82–116, 47 FR 27262, June 24,
1982; T.D. 84–213, 49 FR 41168, Oct. 19, 1984;
T.D. 98–74, 63 FR 51288, Sept. 25, 1998]

§ 18.26

Indirect exportation.

(a) When merchandise of the character enumerated in § 18.25(d) is to be
transported in bond to another port for
exportation, it may be entered for
transportation and exportation in accordance with the procedure in § 18.20.
Upon acceptance of the entry by Customs and acceptance of the merchandise by the bonded carrier, the bonded
carrier assumes liability for the transportation and exportation of the merchandise. In the case of merchandise
prohibited entry by any Government
agency, that fact shall be prominently
noted on Customs Form 7512 for the information of the director of the port of
exportation. If the merchandise was
imported under cover of a TIR carnet,
the carnet shall be discharged or canceled at the port of importation and
the merchandise transported under an
entry on Customs Form 7512 (see
§ 18.25). If merchandise has been imported under cover of an A.T.A. carnet
to be transported in bond to another
port for exportation, the appropriate
transit voucher shall be accepted in
lieu of Customs Forms 7512. One transit
voucher shall be certified by Customs
officers at the port of importation and
a second transit voucher, together with
the reexportation voucher, shall be certified at the port of exportation.
(b) The merchandise shall be forwarded in accordance with the general
provisions for transportation in bond,
§§ 18.1 through 18.8.
(c) If the merchandise is to be transferred after arrival at the selected port

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§ 18.27

19 CFR Ch. I (4–1–01 Edition)

of exportation, the procedure prescribed in § 18.3(d) shall be followed.
The provisions of §§ 18.23 and 18.24 shall
also be followed in applicable cases.
(d) The bonded carrier shall cause the
merchandise to be exported and provide
such evidence of exportation as required by the port director under
§ 113.55 of this chapter within 30 days of
exportation.
[28 FR 14755, Dec. 31, 1963, as amended by
T.D. 71–70, 36 FR 4489, Mar. 6, 1971; T.D. 82–
116, 47 FR 27262, June 24, 1982; T.D. 84–213, 49
FR 41169, Oct. 19, 1984]

§ 18.27 Port marks.
Port marks may be added by authority of the port director and under the
supervision of a Customs officer. The
original marks and the port marks
shall appear in all papers pertaining to
the exportation.
MERCHANDISE TRANSPORTED BY
PIPELINE
§ 18.31 Pipeline
transportation
of
bonded merchandise.
(a) General. Merchandise may be
transported by pipeline under the procedures in this part, as appropriate and
unless otherwise specifically provided
for in this section.
(b) Bill of lading to account for merchandise. Unless Customs has reasonable cause to suspect fraud, Customs
shall accept a bill of lading or equivalent document of receipt issued by the
pipeline operator to the shipper and accepted by the consignee to account for
the quantity of merchandise transported by pipeline and to maintain the
identity of the merchandise.
(c) Procedures when pipeline is only
carrier. When a pipeline is the only carrier of bonded merchandise and there is
no transfer to another carrier, the bill
of lading or equivalent document of receipt issued by the pipeline operator to
the shipper shall be included with, and
made a part of, the Customs in-bond
document (see § 18.2(b)). If there are no
discrepancies between the bill of lading
or equivalent document of receipt and
the other documents making up the inbond manifest for the merchandise, and
provided that Customs has no reasonable cause to suspect fraud, the bill of
lading or equivalent document of re-

ceipt shall be accepted by Customs at
the port of destination or exportation
(see §§ 18.2(d) and 18.7) as establishing
the quantity and identity of the merchandise transported. The pipeline operator shall be responsible for any discrepancies, including shortages, irregular deliveries, or nondeliveries at the
port of destination or exportation (see
§ 18.8).
(d) Procedures when there is more than
one carrier (i.e., transfer of the merchandise)—(1) Pipeline as initial carrier.
When a pipeline is the initial carrier of
bonded merchandise and the merchandise is transferred to another conveyance (either a different mode of transportation or a pipeline operated by another operator), the procedures in § 18.3
and paragraph (c) of this section shall
be followed, except that—
(i) When the merchandise is to be
transferred to one conveyance, a copy
of the bill of lading or equivalent document issued by the pipeline operator to
the shipper shall be delivered to the
person in charge of the conveyance for
delivery, along with the in-bond document, to the appropriate Customs official at the port of destination or exportation; or
(ii) When the merchandise is to be
transferred to more than one conveyance, a copy of the bill of lading or
equivalent document issued by the
pipeline operator to the shipper shall
be delivered to the person in charge of
each additional conveyance, along with
the two additional copies of the inbond document, for delivery to the appropriate Customs official at the port
of destination or exportation.
(2) Transfer to pipeline from initial carrier other than a pipeline. When bonded
merchandise initially transported by a
carrier other than a pipeline is transferred to a pipeline, the procedures in
§ 18.3 and paragraph (c) of this section
shall be followed, except that the bill
of lading or other equivalent document
of receipt issued by the pipeline operator to the shipper shall be delivered,
along with the in-bond document, to
the appropriate Customs officer at the
port of destination or exportation.
(3) Initial carrier liable for discrepancies. In the case of either paragraph
(d)(1) or (d)(2) of this section, the initial carrier shall be responsible for any

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United States Customs Service, Treasury
discrepancies, including shortages, irregular deliveries, or nondeliveries, at
the port of destination or exportation
(see § 18.8).
(e) Recordkeeping. The shipper, pipeline operator, and consignee are subject to the recordkeeping requirements
in 19 U.S.C. 1508 and 1509, as provided
for in part 162 of this chapter.
[T.D. 96–18, 61 FR 6779, Feb. 22, 1996]

MERCHANDISE NOT OTHERWISE SUBJECT
TO
CUSTOMS CONTROL EXPORTED
UNDER COVER OF A TIR CARNET
§ 18.41

Applicability.

The provisions of §§ 18.41 through
18.45 apply only to merchandise to be
exported under cover of a TIR carnet
for the convenience of the U.S. exporter or other party in interest and do
not apply to merchandise otherwise required to be transported in bond under
the provisions of this chapter. Merchandise to be exported under cover of
a TIR carnet for the convenience of the
U.S. exporter or other party in interest
may be transported with the use of the
facilities of either bonded or nonbonded carriers.
[T.D. 71–263, 36 FR 20291, Oct. 20, 1971]

§ 18.42

Direct exportation.

At the port of exportation, the container or road vehicle, the merchandise, and the TIR carnet shall be made
available to the port director. Any required export declarations shall be
filed in accordance with the applicable
regulations of the Bureau of the Census
(15 CFR part 30) and the Office of Export Control (15 CFR part 386). The port
director shall examine the merchandise
to the extent he believes necessary to
determine that the carnet has been
properly completed and shall verify
that the container or road vehicle has
the necessary certificate of approval or
approval plate intact and is in satisfactory condition. After completion of any
required examination and supervision
of loading, the port director shall cause
the container or road vehicle to be
sealed with Customs seals and ascertain that the TIR plates are properly
affixed and sealed. (See § 18.4a.) In the
case of heavy or bulky goods moving
under cover of a TIR carnet, the port

§ 18.44
director shall cause a Customs seal or
label, as appropriate, to be affixed. He
shall also remove two vouchers from
the carnet, execute the appropriate
counterfoils, and return the carnet to
the carrier or agent to accompany the
merchandise.
[T.D. 71–70, 36 FR 4489, Mar. 6, 1971]

§ 18.43 Indirect exportation.
(a) When merchandise is to move
from one U.S. port to another for actual exportation at the second port,
any export declarations required to be
validated shall be filed in accordance
with the port of origin procedure described in the applicable regulations of
the Bureau of the Census and of the Office of Export Control.
(b) The port director shall follow the
procedure provided in § 18.42 in respect
to examination of the merchandise, supervision of loading, sealing or labeling, and affixing of TIR plates. He shall
remove one voucher from the carnet,
execute the appropriate counterfoil,
and return the carnet to the carrier or
agent to accompany the container or
road vehicle to the port of actual exportation.
(c) At the port of actual exportation,
the carnet and the container (or heavy
or bulky goods) or road vehicle shall be
presented to the port director who
shall verify that seals or labels are intact and that there is no evidence of
tampering. After verification, the port
director shall remove the appropriate
voucher from the carnet, execute the
counterfoil, and return the carnet to
the carrier or agent.
[T.D. 71–70, 36 FR 4489, Mar. 6, 1971]

§ 18.44 Abandonment of exportation.
In the event that exportation is
abandoned at any time after merchandise has been placed under cover of a
TIR carnet, the carrier or agent shall
deliver the carnet to the nearest customs office or to the Customs office at
the port of origin for cancellation (see
§ 114.26(c) of this chapter). When the
carnet has been canceled, the carrier or
agent may remove Customs seals or labels and unload the container (or heavy
or bulky goods) or road vehicle without
customs supervision.
[T.D. 71–70, 36 FR 4489, Mar. 6, 1971]

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§ 18.45
§ 18.45

19 CFR Ch. I (4–1–01 Edition)
Supervision of exportation.

The provisions of §§ 18.41 through
18.44 do not require the director of the
port of actual exportation to verify
that merchandise moving under cover
of a TIR carnet is loaded on board the
exporting carrier.
[T.D. 71–70, 36 FR 4489, Mar. 6, 1971]

PART 19—CUSTOMS WAREHOUSES,
CONTAINER
STATIONS
AND
CONTROL OF MERCHANDISE
THEREIN
Sec.
19.1 Classes of customs warehouses.
GENERAL PROVISIONS
19.2
19.3

Applications to bond.
Bonded warehouses; alterations; relocation; suspensions; discontinuance.
19.4 Customs and proprietor responsibility
and supervision over warehouses.
19.5 [Reserved]
19.6 Deposits, withdrawals, blanket permits
to withdraw and sealing requirements.
19.7 Expenses of labor and storage.
19.8 Examination of goods by importer;
sampling; repacking; examination of
merchandise by prospective purchasers.
19.9 General order, abandoned, and seized
merchandise.
19.10 Examination packages.
MANIPULATION IN BONDED WAREHOUSES AND
ELSEWHERE
19.11 Manipulation in bonded warehouses
and elsewhere.
ACCOUNTS
19.12 Inventory control and recordkeeping
system.
MANUFACTURING WAREHOUSES
19.13 Requirements for establishment of
warehouse.
19.13a Recordkeeping requirements.
19.14 Materials for use in manufacturing
warehouse.
19.15 Withdrawal for exportation of articles
manufactured in bond; waste or byproducts for consumption.
19.16 [Reserved]
SMELTING AND REFINING WAREHOUSES
19.17 Application to establish warehouse;
bond.
19.18 Smelting and refining; allowance for
wastage; withdrawal for consumption.
19.19 Manufacturers’ records; annual statement.

19.20 Withdrawal of products from bonded
smelting or refining warehouses.
19.21 Smelting and refining in separate establishments.
19.22 Withdrawal of metal refined in part
from imported crude metal and in part
from crude metal produced from imported materials.
19.23 Withdrawal for exportation from one
port to be credited on warehouse entry
account at another port.
19.24 Theoretical transfer without physical
shipment of dutiable metal.
19.25 Credit to be applied under various
forms of withdrawals.
SPACE BONDED FOR THE STORAGE OF WHEAT
19.29 Sealing of bins or other bonded space.
19.30 Domestic wheat not to be allowed in
bonded space.
19.31 Bulk wheat of different classes and
grades not to be commingled in storage.
19.32 Wheat manipulation; reconditioning.
19.33 General order; transportation in bond.
19.34 Customs supervision.
DUTY-FREE STORES
19.35 Establishment of duty-free stores
(Class 9 warehouses).
19.36 Requirements for duty-free store operations.
19.37 Crib operations.
19.38 Supervision of exportation.
19.39 Delivery for exportation.
CONTAINER STATIONS
19.40 Establishment, relocation or alteration of container stations.
19.41 Movement of containerized cargo to a
container station.
19.42 Application for transfer of merchandise.
19.43 Filing of application.
19.44 Carrier responsibility.
19.45 Transfer of merchandise, approval and
method.
19.46 Employee lists.
19.47 Security.
19.48 Suspension or revocation of the privilege of operating a container station;
hearings.
19.49 Entry of containerized merchandise.
AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 22, Harmonized Tariff Schedule of the United States), 1624;
Section 19.1 also issued under 19 U.S.C.
1311, 1312, 1555, 1556, 1557, 1560, 1561, 1562;
Section 19.6 also issued under 19 U.S.C.
1555;
Section 19.7 also issued under 19 U.S.C.
1555, 1556;
Section 19.11 also issued under 19 U.S.C.
1556, 1562;
Section 19.15 also issued under 19 U.S.C.
1311;

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