by vessel or in less-than-carload lots in transit through the United States to the same country from which it arrived, the same procedure shall be followed as that prescribed for merchandise in transit through the United States to other foreign countries (§§ 18.14 and 18.20-18.24 of this chapter), except that only three copies of customs Form 7512 or 7520 shall be required, and except that, when the route is such that the train and cars will remain intact while proceeding through the United States, a consolidated train manifest containing the same information as is required on customs Form 7512 or 7520 may be used. One copy of customs Form 7512 or 7520 shall be delivered to the conductor, master, or person in charge to accompany the conveyance and be delivered to the collector at destination for his record.

(b) When carload shipments of merchandise arrive at Canadian frontier ports for in-transit movement through the United States in bond and return to Canada, bright green in-transit seals will be placed on the cars and the sealing thereof verified by Canadian customs officers before the cars depart from Canada. No other in-transit seals shall be required to be placed on such cars before their movement in bond through the United States provided the seals placed on the cars in Canada are found to be locked and properly attached. Intransit manifest forms of the kind referred to in § 5.8 (b) may be used in lieu of customs Form 7512 or 7520, as the case may be, for such sealed carload shipments of in-transit merchandise. In-transit manifest forms so used in lieu of customs Form 7512 or 7520 shall be serially numbered in a separate series of numbers.

(c) When all the merchandise arriving on one vehicle is to move in transit through the United States in the importing vehicle in a continuing movement, the copy of customs Form 7512 to be retained at the port of first arrival may be prepared to permit its use as a combined inward foreign and in-bond manifest.

When customs Form 7512 is to be used in this manner, the foreign port of lading shall be shown and a certificate in the following form shall be executed by the person in charge of the vehicle:

I, the undersigned, certify that this transportation entry and manifest contains, to the best of my knowledge and belief, a just and true account of all the goods, wares, and

merchandise, including packages of every kind and nature whatsoever, which constituted the lading of the vehicle named herein when it first arrived within the limits of the United States, and that I have been, since the arrival of the said vehicle within the United States, the person in charge of said vehicle and that no packages whatsoever, nor any goods, wares, or merchandise, have been in any way removed from said vehicle since its arrival within the United States.

And I further certify that, if I shall hereafter discover or know of any error, discrepancy, or omission in this entry and manifest, I will immediately and without delay make due report thereof to the collector of the district to whom this report is now delivered. Dated

Signature

The above prescribed form of certificate, which can be put on a rubber stamp approximately 2" x 5" in size, may be legibly stamped on the form or on a separate paper securely fastened thereto. (Sec. 553, 46 Stat. 742; 19 U. S. C. 553) [13 F. R. 7949, Dec. 18, 1948, as amended by T. D. 52203, 14 F. R. 2166, May 5, 1949; T. D. 53057, 17 F. R. 7042, Aug. 1, 1952; T. D. 53367, 18 F. R. 6994, Nov. 5, 1953]

§ 5.12 Locomotives; railroad equipment; when entry required.100 (a) Foreign locomotives or other foreign railroad equipment in use on a continuous route crossing the boundary into the United States shall be admitted without entry or the payment of duty to proceed to and return from the end of the run; that is, in the case of locomotives, the last place to which the locomotive takes the inbound train by a continuous haul, and, in the case of other equipment, the place of complete unloading. Unless formally entered and cleared through customs in the United States, such locomotives or other equipment shall not be used on the inward trip otherwise than in connection with the continuous run, which includes switching of cars of a train that it has hauled into the United States. On the return trip, the locomotives may be used only in connection with through trains crossing the boundary, including the switching to make up such trains, but the other equip

10 "(a) Vehicles and other instruments of international traffic, of any class specified by the Secretary of the Treasury, shall be granted the customary exceptions from the application of the customs laws to such extent and subject to such terms and conditions as may be prescribed in regulations or instructions of the Secretary of the Treasury." (Tariff Act of 1930, sec. 322 (a), as amended; 19 U. S. C. 1322 (a))

ment may be used in such trains or for such local traffic as is reasonably incidental to its economical and prompt return to the country from which it entered the United States. Empty foreign railroad cars shall enter the United States without formal entry to be loaded only if the passengers or goods are to be transported directly to or through the country from which the cars entered the United States. Customs officers shall seize any locomotive or other railroad equipment used in violation of this regulation as being imported contrary to law.

(b) Domestic locomotives or other domestic railroad equipment," upon which repairs have been made in a foreign country shall be subject, upon reentry into the United States, to a duty upon the value of the repairs at the rate at which the locomotive or other equipment would be dutiable if imported, but no such duty shall be assessed by reason of repairs required to restore any such article to the condition in which it last left the United States. A report of the first arrival in the United States of such equipment after it has been repaired in a foreign country shall be made promptly, in writing, to the United States Customs at the port of entry, such report to state the time and place of arrival.

(Sec. 14, 67 Stat. 516; 19 U. S. C. 1322) [13 F. R. 7949, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5406, Sept. 9, 1953]

§ 5.13 Stolen automobiles, trailers, and airplanes returned to United States; entry not required. Collectors of customs shall admit from Mexico, under the provisions of Executive Order 7965, dated August 29, 1938, 3 CFR, 1943 Cum. Supp., without entry and without the payment of duty, alleged stolen or embezzled motor vehicles, trailers, airplanes, or component parts of any of them, if accompanied by a letter from the United States Embassy in Mexico City stating that such Embassy is satisfied from information furnished it that the property, which must be adequately described in the let

"For the purpose of this section, locomotives or other railroad equipment manufactured in, or regularly imported into, the United States, and not subsequently 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, shall be considered "domestic." Other railroad equipment shall be considered "foreign."

ter for identification purposes, is stolen property being returned to the United States under the provisions of the convention between the United States and Mexico concluded October 6, 1936. [13 F. R. 7949, Dec. 18, 1948]

§ 5.14 Grain from Canada to be ground and returned; exemption from duty. (a) When grain is brought into the United States by Canadian farmers to be ground and returned under the provisions of section 193, Title 19, United States Code," and the mill at which such grain is to be ground is not located at a port of entry, a deposit of the duties on such grain shall be taken, such deposit to be refunded upon receipt of certificate by the owner of the mill that the said grain has been received at the mill and of evidence satisfactory to the collector that the product of the grinding thereof, less any toll, has been returned to Canada.

(b) A statement from the owners of the mill, showing that they are citizens of the United States, shall be filed with the collector. An account shall be kept by the miller in a proper register to be open to inspection by any customs officer, showing the name of the farmer bringing any such grain to the mill, the nature of the grain, the dates of its receipt by him and of its delivery, the quantity received at the mill, the quantity of ground products delivered to the farmer, and the quantity of grain taken as tolls for grinding. The miller shall produce a statement of such quantities at the end of each month to the collector, and shall then enter the grain received as tolls and pay the duties due thereon.

(c) Duties shall be paid on any grain, or manufactures thereof, not removed from the mill for transportation to Canada within 1 month from the date of its receipt by the miller. Such grain may

12 "Grain brought into the United States in wagons or other ordinary road vehicles, by farmers residing in the Dominion of Canada, to be ground by mills owned by citizens of the United States, shall not be deemed to be imported or liable to import duties. Such grains shall be brought into the United States under such regulations as the Treasury Department may prescribe to prevent fraud and evasion, and shall be returned as in like manner provided by such regulations. Entry shall be made of and duties paid upon all such grain as shall be taken or received by mill owners as tolls for such grinding, under like regulations provided by the Treasury Department." (19 U. S. C. 193)

be mixed, provided the entire product of the grinding be returned to Canada with the exception of the tolls and other portions on which duty has been paid. (22 Stat. 402; 19 U. S. C. 193) [13 F. R. 7949, Dec. 18, 1948, as amended by T. D. 53268, 18 F. R. 3093, May 29, 1953]

§ 5.15 Buildings on boundary; merchandise deposited therein. 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 any foreign country, such merchandise shall be seized and the building or that portion thereof which is within the United States shall be taken down or removed." (Sec. 595, 46 Stat. 752; 19 U. S. C. 1595) [13 F. R. 7950, Dec. 18, 1948]

18 "If any collector of customs or other officer or person authorized to make searches and seizures shall have cause to suspect the presence in any dwelling house, store, or other building or place of any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States contrary to law, he may make application, under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any United States commissioner, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise: Provided, That if any such house, store, or other building, or place in which such merchandise shall be found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken down or removed." (Tariff Act of 1930, sec. 595 (a); 19 U. S. C. 1595 (a))

"Whoever receives or deposits any merchandise in any building upon the boundary line between the United States and any foreign country, or carries any merchandise through the same, in violation of law, shall be fined not more than $5,000 or imprisoned not more than two years, or both." (18 U. S. C. 547)

6.14 International airports; regulations. 6.20 List of international airports.

AUTHORITY: §§ 6.1 to 6.20 issued under R. S. 161, 251, secs. 431, 624, 644, 46 Stat. 710, as amended, 759, 761, secs. 201, 215, 361-369, 58 Stat. 683, 690, as amended, 703-706, seçs. 7, 9, 11, 44 Stat. 572, as amended, 573, as amended, 574, as amended; 5 U. S. C. 22, 19 U. S. C. 66, 1431, 1624, 1644, 42 U. S. C. 202, 216, 264-272, 49 U. S. C. 177, 179, 181.

SOURCE: §§ 6.1 to 6.20 appear at 18 F. R. 8891, Dec. 31, 1953, except as otherwise noted. § 6.1 Regulations and supervision. Sections 6.1 to 6.14,1 inclusive, are prescribed by the Commissioner of Customs with the approval of the Secretary of the Treasury and the Surgeon General of the Public Health Service with the approval of the Secretary of Health, Education, and Welfare, within their respective authorities, under sections 161 and 251 of the Revised Statutes (5 U. S. C. 22, 19 U. S. C. 66); sections 7 (b) and (c), 9 (b), and 11 (b) and (c) of the Air Commerce Act of 1926, as amended (44 Stat. 572-574, 49 U. S. C. 177 (b), (c), 179 (b), 181 (b), (c)); Reorg. Plan No. 1, 3 CFR, Cum. Supp., Ch. IV, 53 Stat. 1424, 1425, sec. 102, Reorg. Plan No. 3 of 1946, 3 CFR, 1946 Supp., Ch. IV, 60 Stat. 1097; sections 431, 624, and 644 of the Tariff Act of 1930, as amended (46 Stat. 710, as amended, 759, 761, 19 U. S. C. 1431, 1624, 1644); and sections 201, 215 and 361-369 of the Public Health Service Act, as amended (58 Stat. 683, 690, 703-706, 63 Stat. 835; 42 U. S. C. 202, 216, 264272).

§ 6.2 Scope and definitions. For the purposes of the regulations contained in this part:

(a) Every paragraph and clause relates to customs, public health, entry, and clearance, except where it applies only to certain of these matters, which is shown by headnote or context.

(b) The regulations in this part shall not be applicable in the islands of Guam, Midway, American Samoa, Wake, and Kingman Reef, the Virgin Islands (except for Public Health purposes), and other insular possessions not specified herein.

1 These regulations also appear at 42 CFR 71.501-71.514 (Public Health).

(c) The term "United States" when used in a geographical sense means the territory comprising the several States, Territories, possessions, and the District of Columbia, including the territorial waters thereof and the overlying air space, but shall not include the Canal Zone.

(d) The term "area" shall means any one of the following parts of the United States:

(1) The mainland,

(2) Alaska,

(3) Hawaii,

(4) Puerto Rico,

(5) The Virgin Islands (for Public Health purposes only).

(e) The term "aircraft" means civil aircraft, that is, any aircraft not used exclusively in the governmental service of the United States or a foreign country, and includes any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(f) The term "aircraft commander" means the person serving on the aircraft having charge or command of its operation and navigation.

(g) The term "scheduled airline" means any individual, partnership, corporation, or association engaged in air transporation upon regular schedules to, over, or away from the United States, or from area to area, and holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued pursuant to the Civil Aeronautics Act of 1938.

(h) The term "international airport" means any airport designated by the Secretary of the Treasury or the Commissioner of Customs as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried on such aircraft, by the Attorney General as a port of entry for aliens arriving on such aircraft, and by the Secretary of Health, Education, and Welfare as a place for quarantine inspection.

§ 6.3 Landing requirements—(a) Place of landing. Every aircraft coming into any area from any place outside thereof shall land in such area unless exempted from this requirement by the Administrator of the Civil Aeronautics Administration, Washington 25, D. C. The first landing shall be at an international airport unless permission to land elsewhere shall first be granted by

the Commissioner of Customs, in cases of aircraft operated by scheduled airlines, and in all other cases by the collector or other customs officer in charge at the port of entry or customs station nearest the intended place of first landing. When the Commissioner of Customs grants permission to land elsewhere than at an international airport, he shall immediately notify the heads of the Public Health Service and of any other agency likely to be concerned with the landing, and, when a collector or other customs officer grants such permission, he shall immediately notify the principal local officer of each such agency. In cases where such permission is given, the owner, operator, or person in charge of the aircraft shall pay the additional expenses, if any, incurred in inspecting the aircraft, passengers, employees, and merchandise, including baggage, carried therein. When such permission is granted to a scheduled airline to land aircraft operating on a schedule, no inspection charge shall be made except for overtime service performed by customs officers.

(b) Advance notice of arrival. (1) Except as hereinafter provided for, no aircraft coming into any area from any place outside the United States or from the Virgin Islands (see § 6.2 (b)) may land in such area unless timely notice of the intended flight shall have been furnished previously, either by or at the request of the aircraft commander, to the collector or other customs officer in charge at or nearest the intended place of first landing in such area, who shall notify the immigration officer in charge at or nearest the intended place of first landing. Notice of the intended flight shall also be furnished to the quarantine officer in charge at or nearest the intended place of first landing in the case of aircraft coming into an area from any place outside the United States, and in the case of aircraft coming to a port under the control of the United States from another such port when conditions cause such aircraft to be subject to quarantine inspection under 42 CFR 71.46. Such advance notice will not be required in the case of aircraft of a scheduled airline arriving in accordance with the regular schedule filed with the collector of customs for the district in which the place of first landing in the area is situated. If dependable facilities for giving notice are not available before departure any radio equipment the plane possesses

shall be utilized to give notice during its approach so far as feasible. If timely notice has not been given, or if the Government officers have not arrived, the aircraft commander on landing shall hold the aircraft and any merchandise, including baggage, thereon intact and keep the passengers and crew members in a segregated place until the inspection officers arrive. Except where the uncertainty of communication facilities is already known to the Government officers in charge, any aircraft commander for whose aircraft timely notice has not been given shall furnish a statement of the reasons for his failure to do so.

(2) Each notice of an intended flight shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the international airport or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival; and shall be sent so as to be received in sufficient time to enable the officers designated to inspect the aircraft to reach the international airport or such other place of first landing prior to the arrival of the aircraft.

(c) Permission to discharge or depart. No aircraft arriving in the United States from any place outside thereof, or in an area from another area carrying residue foreign cargo (see § 6.10) shall depart from the place of landing, or discharge any passengers or merchandise, including baggage, without receiving permission from the customs officers in charge For quarantine requirements see § 6.12.

(d) Permit to proceed; foreign aircraft. (1) Aircraft are subject to customs entry when brought in for repairs or when otherwise treated as imported articles. Before an aircraft which is not treated as an imported article, which is registered in a foreign country, and which arrives in the United States carrying passengers for hire or merchandise is ferried (proceeds in ballast) from the airport of first arrival to one or more airports in the United States, its commander shall obtain from the collector of customs at the airport of first arrival a permit on customs Form 4449 allowing the aircraft to proceed from airport to airport in the United States, which shall be retained on board such aircraft while in the United States. At each airport visited, the customs officer there, or, if

there is none, the airport manager, shall make an endorsement on the back of such permit showing the name of the airport, date and time of arrival, date and time of departure, and purpose of the visit. The permit shall be surrendered to the collector of customs at the port of final clearance for a foreign destination, who shall satisfy himself prior to the issuance of clearance that the aircraft received proper customs treatment while in this country. The permit shall then be returned to the collector of customs at the port of issue.

(2) A copy of the permit shall be retained by the collector at the port where issued. If within 60 days after the issuance of such permit the said collector does not receive a report of the outward clearance of the aircraft covered thereby, the matter shall be reported to the supervising customs agent for investigation.

(3) Civil aircraft registered in the United States and arriving from a foreign country with passengers carried for hire or merchandise, after proper customs and quarantine treatment of all such passengers and merchandise, may be allowed to proceed upon their identity being established.

(e) Monthly and annual requests for overtime services and licenses to unlade and lade. A special license on customs Form 3851 running for any period up to 1 month and in multiples of months thereafter, but not to exceed 1 year nor longer than the period of the supporting bond, may be granted to a scheduled airline to unlade passengers or merchandise, including baggage, or to lade merchandise, including baggage, in the case of any or all of its planes at night or on a Sunday or holiday when customs supervision is required. The application for such a special license shall be on customs Form 3851 and shall be supplemented by a request on customs Form 3853 (modified) for overtime services of customs officers. Such request for overtime services must show the exact times when overtime services will be needed unless arrangements are made so that the proper customs officer will be notified during official hours in advance of the services requested as to the exact times that the services will be needed. The special license shall not be granted until the required bond on customs Form 3587, 7567, or 7569 shall have been filed.

(f) Monthly and annual permits to unlade and lade. The collector may also