corporation is engaged primarily in a manufacturing or mineral industry in the United States or in a Territory, District, or possession thereof; that the aggregate book value of the vessels owned by such corporation does not exceed 10 percent of the aggregate book value of the assets of such corporation; that such corporation purchases or produces in the United States, its Territories, or possessions not less than 75 percent of the raw materials used or sold in its operations; "

That all equipments or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in any foreign country upon said vessel within the year immediately preceding the date of this application, have been duly reported and accounted for under the provisions of sections 257 and 258, title 19, and section 272, title 46, United States Code, and the duties thereon have been duly paid.

The corporation named and identified above has on this date complied with the provisions of §3.21, Customs Regulations, by filing the corporate certificate under oath required under the Act of September 2, 1958 (46 U.S.C. 883-1), and is hereby authorized to operate the undocumented vessel named herein, if any, in the coastwise trade subject to the limitations of the Act. This certificate and any authorization granted hereunder expire three years from the date shown above unless there first occurs a change in corporate status requiring a report under § 3.21 cited above. (Signature) (Title)

OATH OF PARENT OR SUBSIDIARY CORPORATION ACT OF SEPTEMBER 2, 1958 (46 U.S.C. 883-1)

ent)1 (subsidiary) of the associated corporation named; that I am the duly authorized officer or agent of such corporation; that the associated corporation named has previously established that it is a citizen of the United States within the meaning of the Act of September 2, 1958 (46 U.S.C. 883-1), having filed a certificate under oath to that effect with the collector of customs concerned; that a majority of the officers and directors of the said parent or subsidiary corporation are citizens of the United States, as shown by the attached listing incorporated in and made a part of this oath which truly and correctly names all such officers and directors, giving the home address and citizenship of each; that not less than 90 percent of the employees of such parent or subsidiary corporation are residents of the United States; that such parent or subsidiary corporation is engaged primarily in a manufacturing or mineral industry in the United States or in a Territory, District, or possession thereof; that the aggregate book value of the vessels owned by such parent or subsidiary corporation does not exceed 10 percent of the aggregate book value of the assets of such corporation; and that such parent or subsidiary corporation purchases or produces in the United States, its Territories, or possessions not less than 75 percent of the raw materials used or sold in its operations.

Signed

Subscribed and sworn to before me on the day and year shown.

(Notary Public or Deputy Collector of Customs)

4.36

Date

4.38

4.39

Delayed discharge of cargo.

Release of cargo.

Stores and equipment of vessels and crews' effects; unlading or lading and retention on board.

4.40 Equipment, etc., from wrecked or dismantled vessels.

4.41 Cargo of wrecked vessel.

PASSENGERS ON VESSELS

4.51

stock of a corporation which is a citizen of the United States as defined in section 3.19 (a) (4) of the Customs Regulations and the Act of September 2, 1958 (46 U.S.C. 883-1). Strike out the inapplicable term.

2 The term "subsidiary corporation" for the purposes of this oath means a corporation incorporated under the laws of the United States, or any State, Territory, District, or possession thereof, not less than 50 percent of the voting stock of which is controlled, directly or indirectly, by a corporation which is a citizen of the United States as defined in 3.19(a) (4) of the Customs Regulations and the Act of September 2, 1958 (46 U.S.C. 883-1) or by a parent corporation of any such corporation. Strike out the inapplicable term.

4.52 Deaths of passengers.

FOREIGN CLEARANCES

!

Sec.

4.73 Neutrality; exportation of arms and munitions.

4.74 Transportation orders.

4.75 Incomplete manifest; incomplete export declarations; bond.

COASTWISE PROCEDURE

4.80 Vessels entitled to engage in coastwise trade.

4.81 Reports of arrivals and departures in coastwise trade.

4.82 Touching at foreign port while in coastwise trade.

4.83 Trade between United States ports on the Great Lakes and other ports of the United States.

4.84 Trade with noncontiguous territory. 4.85 Vessels with residue cargo for domestic ports.

4.86 Intercoastal residue-cargo procedure; optional ports.

4.87 Vessels proceeding foreign via domestic ports.

4.88 Vessels with residue cargo for foreign ports.

4.89 Vessels in foreign trade proceeding via domestic ports and touching at intermediate foreign ports.

4.90

Simultaneous vessel transactions. 4.91 Diversion of vessel; transshipment of cargo.

14.92 Towing.

AUTHORITY: The provisions of this Part 4 issued under R.S. 161, 251, secs. 2, 3, 23 Stat. 118, as amended, 119, as amended, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.C. 66, 1624, 46 U.S.C. 2, 3 General Hdnote 11, Tariff Schedules of the United States, except as otherwise noted.

SOURCE: The provisions of this Part 4 appear at 28 F.R. 14596, Dec. 31, 1963, unless otherwise noted.

NOTE 1: By T.D. 528886, 16 F.R. 12763, Dec. 20, 1951, the Commissioner of Customs waived compliance with the provisions of the navigation laws administered by the Bureau t of Customs to the extent necessary to permit the operation of vessels requisitioned by the United States for emergency evacuation.

NOTE 2: By Treasury Decision 53449, 19 FR. 1420, Mar. 13, 1954, the Commissioner of Customs waived compliance with the navigation laws relating to clearances of vessels to the extent necessary to permit:

(1) The clearance for an unnamed destination of any vessel owned by, Governmentallocated to, or chartered by the Military Sea Transportation Service of the Department of

Defense, other than those used on berthterm (shipping contract or Government billof-lading) arrangements, which is certified by the Commander of the Military Sea Transportation Service or his duly authorized representative as (a) in ballast or laden only with Department of Defense cargo, or (b) having on board passengers, each of whom is either a member of the Armed Forces or a civilian noncombatant employed by, serving with, or accompanying the Armed Forces of the United States;

(2) The clearance of any vessel with Department of Defense cargo on the basis of a manifest which describes that cargo only as of Department of

(Approximate quantity) Defense cargo."

NOTE 3: By Treasury Decision 53892, 20 F. R. 6792, Sept. 15, 1955, the Commissioner of Customs waived compliance with sections 289, 292, 316, and 883, title 46. United States Code, to the extent necessary to permit any dredge, tug, scow, barge, or other vessel of Canadian registry or flag, whether or not Canadian-built, to be employed in dredging, towing, the transportation of merchandise or passengers, or any combination of such activities, in spoil disposal operations or channel excavations for power purposes and in connection with the construction of the Iroquois Control Dam as a part of the St. Lawrence Power Project in territorial waters of the United States within the general areas (1) between points opposite Prescott, Ontario, and Doran Island and (2) between points opposite the powerhouse structure and the eastern end of Cornwall Island.

NOTE 4: By Treasury Decision 54230, 21 F. R. 8355, Nov. 1, 1956, the Commissioner of Customs waived compliance with sections 289, 292, 316, and 883, title 46, United States Code, to the extent necessary to permit any dredge, tug, scow, barge, or other vessel of Canadian registry or flag, whether or not Canadian-built, to be employed in dredging, towing, the transportation of merchandise or passengers, or any combination of such activities, in connection with the construction of the proposed high level Cornwall South Channel Bridge of the St. Lawrence Seaway Navigation Project in the general area of Massena and Rooseveltown, New York.

ARRIVAL AND ENTRY OF VESSELS

§ 4.1 Boarding of vessels; cutter and dock passes.

(a) When any vessel which might have on board any article subject to custoins treatment comes within the limits of any port of entry or within customs waters, customs officers may board the vessel to inspect its manifest and other documents and papers and to

examine, inspect, and search the vessel and the persons and articles on board.'

(b) Every vessel arriving within a customs collection district directly from a point outside the customs territory of the United States shall be boarded and shall be subject to such supervision while in port as the collector deems necessary. When he deems it desirable, the collector may detail customs officers to remain on board a vessel to secure the enforcement of this part. Except as provided in paragraph (a) of this section. boarding of a vessel arriving from another port in the United States with residue cargo, passengers, or baggage on board shall not be required unless preliminary entry is requested.

(c) No person, with or without the consent of the master, except a pilot, officer of the customs or Coast Guard, immigration officer, health officer, agent of the vessel, or consular officer, shall go on board or, except for the purpose of reporting the arrival of the vessel as required by law, leave any vessel arriving from outside the customs territory of the United States without permission of the collector of customs or the customs officer in charge until such vessel has been properly inspected by the customs and brought to the dock or anchorage at which cargo is to be laden or unladen and until all passengers and their baggage have been landed from the vessel; nor shall the master

1"Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance." (19 U. S. C. 1581 (a))

"If the master of any vessel shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $500." (R. S. 3068, sec. 307, 49 Stat. 528)

"It shall not be lawful for the master of any such steamship or other vessel, not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on

of any vessel authorize the boarding or leaving of the vessel by any person in violation of this paragraph. Every person permitted to go on board shall be subject to customs and quarantine regulations.

(d) A collector of customs, in his discretion may issue a cutter pass on customs Form 3093 to permit the holder to board an incoming vessel after it has been inspected by the quarantine authorities and taken in charge by an officer of the customs, as follows: (1) To persons on official business; (2) to news reporters, newspaper photographers,

board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. (46 U. 8. C. 158)

"The Secretary of the Treasury is authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been properly inspected and placed in security, and for that purpose to employ any of the officers of that department. Each person violating such regulations shall be subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both, in the discretion of the court. This section shall be construed as supplementary to section 158 and section 708 of this title." (46 U. S. C. 163 Sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

"Whoever, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, shall be fined not more than $200 or imprisoned not more than six months, or both.

"The master of such vessel may take any such person into custody, and deliver him up forthwith to any law enforcement officer, to be by him taken before any committing magistrate, to be dealt with according to law." (18 U. S. C. 2279)

"If, within twenty-four hours after the arrival of any vessel at any port in the United States. any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than $50. or by imprisonment for not more than three months. This section shall apply to vessels of the United States engaged in the foreign trade and to foreign vessels." (46 U.S.C. 709) A vessel from a noncontiguous foreign place carrying steerage passengers.

photographers of established motionpicture companies, and broadcasters of established radio broadcasting companies; and (3) in cases of special exigency in which the collector is satisfed as to the urgent need for the boardEng and that its allowance will not result n undue interference with the performince of official business.

(e) No person in charge of a tugboat, owboat, or other vessel shall bring such onveyance alongside an incoming vessel heretofore described and put on board hereof any person, except as authorized by law or regulations.

on customs

(f) Upon application Form 3137 or in other suitable manner, a collector may, in his discretion, issue a pass on customs Form 3095 to go on the 'lock to meet persons arriving from abroad.

(g) Term cutter and dock passes, for a period of not to exceed one year, may be issued in the discretion of the collector, to persons on official business and to duly accredited news reporters and newspaper photographers. Passes are Lot transferrable and shall be forfeited upon presentation by others than those to whom issued.

(Sec. 9, 22 Stat. 189, as amended, secs. 1-3, 31 Stat. 58, as amended; 46 U.S.C. 158, 163) $4.2 Reports of arrival of vessels.

(a) The report of arrival required by Bection 433, Tariff Act of 1930, shall be

"Within twenty-four hours after the arrival of any vessel from a foreign port or place, or of a foreign vessel from a domestic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made, at any port or place within the United States at which such vessel shall come to, the master shall, unless otherwise provided by law, report the arrival of the vessel at the nearest customhouse, under such regulations as the Secfetary of the Treasury may prescribe." Tariff Act of 1930, sec. 433; 19 U.S.C. 1433) For the purposes of sections 432, $33, 434, 448, 585, and 586 of this Act, any Jessel which has visited any hovering vessel #hall be deemed to arrive or have arrived, as The case may be, from a foreign port or place." Tariff Act of 1930, sec. 401 (n), as amended; 19 U. S. C. 1432a)

"The term 'hovering vessel' means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may

33-583-65-8

made by any means of communication to the collector of customs or to a customs officer assigned to board the vessel.

(b) For the purposes of this part, the time of arrival of a vessel shall be that time when she first comes to rest, whether at anchor or at a dock, in any harbor within the customs territory of the United States.

(c) In the case of a vessel described in section 441 (3), Tariff Act of 1930, as amended, the report of articles subject to entry shall be made in accordance with the provisions of § 10.19 of this chapter to the customs officer assigned to board the vessel. (See § 4.1 (c).)

(d) In the case of vessels described in section 441 (4), Tariff Act of 1930, as amended, the report may be filed by either the master, owner, or agent, and shall be in the form and give the information required by that statute, except that the report need not be under oath. A derelict vessel shall be considered one in distress and any person bringing it into port may report its arrival.

"Every master who fails to make the report or entry provided for in section 433, 434, or 435 of this Act shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment. *" (Tariff Act of 1930,

sec. 436, as amended: 19 U. S. C. 1436) "Report of the arrival of a vessel of less than 5 net tons in the United States from a contiguous country otherwise than by sea is not required by section 433, Tariff Act of 1930. For the reporting requirements applicable with respect to such vessels, see § 5.1 of this chapter."

See footnote 5 to §4.3.