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(b) Any vessel of the United States, whether or not entitled under paragraph (a) of this section to engage in the coastwise trade, and any foreign vessel may proceed between points in the United States embraced within the coastwise laws to discharge cargo or passengers laden at a foreign port, to lade cargo or passenger for a foreign port, or in ballast. Cargo laden at a foreign port may be retained on board during such movements.

(c) No vessel owned by a corporation which is a citizen of the United States as defined in § 3.19 (a) (4) of this chapter shall be used in any trade other than the coastwise trade and shall not be used in that trade unless it is properly documented for such use or is exempt from documentation and is entitled to or, except for its tonnage, would be entitled to be enrolled and licensed or licensed for the coastwise trade. Such a vessel shall not be documented for nor engage in the foreign trade or the fisheries and shall not transport merchandise or passengers coastwise for hire except as a service for a parent or subsidiary corporation as defined in § 3.1 (h) or (i) of this chapter or while under demise or bareboat charter at prevailing rates for use otherwise than in trade with noncontiguous territory of the United States to a common or contract carrier subject to part III of the Interstate Commerce Act, as amended (49 U.S.C. 901-923), which otherwise qualifies as a citizen of the United States under section 2 of the Shipping Act, 1916, as amended (46 U.S.C. 802), and which is not connected, directly or indirectly, by way of ownership or control with such owning corporation.

(R.S. 4311, as amended, sec. 2, 39 Stat. 729, as amended, sec. 27, 41 Stat. 999, as amended, 72 Stat. 1736; 46 U.S.C. 251, 802, 883, 883-1) § 4.81 Reports of arrivals and departtures in coastwise trade.

(a) No vessel which is enrolled and licensed or licensed for the coastwise trade, registered, or owned by a citizen and exempt from documentation, and which is in ballast or laden only with domestic products or passengers being carried only between points in the United States shall be required to report arrival or to enter when coming into one port of the United States from any other such port, except as provided for in §§ 4.83 and 4.84 of the regulations of this part, nor to obtain a clearance, per

mit to proceed, or permission to depar when going from one port in the United States to any other such port excep when transporting merchandise to a por in noncontiguous territory."

(b) When the facts are as above state except that the vessel is carrying bonde merchandise, the master shall report it arrival as provided for in § 4.2.

(c) [Reserved]

(d) The traveling crew purchas manifest (curio list) referred to in § 4.8 (b), (c), and (e) shall be deposited wit the collector upon arrival at each por in the United States and finally sur rendered to the boarding officer or col lector at the port where the vessel firs departs directly for a foreign port.

(e) Before any foreign vessel shall de part in ballast from any port in th United States for any other such por the master shall apply to the collecto for a permit to proceed and file his dec laration in duplicate on customs For 1385 (subdivision (1) (e)). When th collector grants the permit on subdivi sion 2 of Form 1385, the duplicate cop of the form shall be returned to the mas ter. The traveling crew purchase manifest (curio list) shall be placed in 8 sealed envelope addressed to the custom boarding officer at the next domesti port of call and returned to the maste for delivery. Within 24 hours after ar rival at the second port in the Unite States, the master shall report his ar rival to the collector and shall mak entry within 48 hours by filing with th collector the permit to proceed with h declaration executed on subdivision 3 the form, a list in duplicate of all un entered articles acquired abroad by th officers and members of the crew of th vessel which are still on board and of th stores remaining on board, and the docu ment of the vessel. The traveling cre purchase manifest (curio list) returne by the prior port of call to the mast shall be delivered by him to the boardin officer.

(f) The master, licensed deck office or purser who enters or clears a vesse or who obtains permission for a vessel depart, when required under the prov sions of this section or of §§ 4.82, 4.8 4.85, 4.87, 4.89, or 4.91 of the regulation of this part, may appear in person at th customhouse for that purpose, or an required oaths, related documents, an other papers properly executed by th

111 See 4.84.

master or other proper officer may be delivered at the customhouse by the vessel agent or other personal representative of the master.

(R. S. 4132, as amended, 4311, as amended, 4367, 4368, sec. 27, 41 Stat. 999, as amended, Becs. 433, 439, 442, 443, 444, 486, 46 Stat. 711, as amended, 712, as amended, 713, 725, as amended; 19 U. S. C. 1433, 1439, 1442, 1443, 1444, 1486, 46 U. S. C. 11, 251, 313, 314, 883) $4.82

Touching at foreign port while in coastwise trade.

112

(a) A vessel under unlimited register or frontier enrollment and license which, during a voyage between ports in the United States, touches at one or more I foreign ports and there discharges or takes on merchandise, passengers, bagngage, or mail " shall obtain a permit to proceed or clearance at each port of lading in the United States for the foreign port or ports at which it is intended to touch. The outward foreign manifest shall show only the cargo for foreign destination. (See §§ 4.61 and 4.87.)

(b) The master shall also present to the collector a coastwise manifest in triplicate of the merchandise to be transported via the foreign port or ports to the subsequent ports in the United States. It shall describe the merchandise and show the marks and numbers of the packages, the names of the shippers and consignees, and the destinations.

112 "Any vessel, on being duly registered in pursuance of the laws of the United States, may engage in trade between one port in the United States and one or more ports within the same, with the privilege of touching at one or more foreign ports during the voyage, and land and take in thereat merchandise, passengers and their baggage, and letters, and mails. All such vessels shall be furnished by the collectors of the ports at which they shall take in their cargoes in the United States, with certified manifests, setting forth the particulars of the cargoes, the marks, number of packages, by whom shipped, to whom consigned, at what port to be delivered; designating such merchandise as is entitled to drawback. or to the privilege of being placed in warehouse; and the masters of all such vessels shall, on their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the laws providing for the delivery of manifests of cargo and passengers taken on board at such foreign port, and all other laws regulating the report and entry of vessels from foreign ports, and be subject to all the penalties therein prescribed." (19 U. S C. 293)

The collector shall certify the two copies and return them to the master. Merchandise carried by the vessel in bond under a transportation entry and manifest, customs Form 7512, shall not be shown on the coastwise manifest.

(c) Upon arrival from the foreign port or ports at the subsequent port in the United States, a report of arrival and entry of the vessel shall be made, and tonnage taxes shall be paid unless the vessel is under a frontier enrollment and license. The master shall present inward foreign manifests in accordance with 4.7 and the certified copies of the coastwise manifest.

(d) All merchandise on the vessel upon its arrival at the subsequent port in the United States is subject to such customs examination and treatment as may be necessary to protect the revenue. Any article on board which is not identified to the satisfaction of the collector, by the coastwise manifest or otherwise, as part of the coastwise cargo, shall be treated as imported merchandise."

113

(R.S. 2793, as amended, 3126, 3127, 4318, as amended; 19 U.S.C. 293, 294, 46 U.S.C. 123, 258)

§ 4.83 Trade between

United States ports on the Great Lakes and other ports of the United States.

(a) If a vessel proceeding from or to a port of the United States on the Great Lakes to or from any other port of the United States via the St. Lawrence River (see § 3.41) is intended to touch at any foreign port and does so touch, it will be subject to the usual requirements for manifesting, clearing, report of arrival, entry, payment of fees for entry and clearance, and tonnage taxes. Vessels which are boarded on the St. Lawrence River by Canadian authorities for the purposes of inspecting the vessel and taking a passing report are not deemed to have touched at a foreign port, provided that no ship's stores are landed or

113 "Any foreign merchandise taken in at one port of the United States to be conveyed in registered vessels to any other port within the same, either under the provisions relating to warehouses, or under the laws regulating the transportation coast wise of merchandise entitled to drawback, as well as any merchandise not entitled to drawback, but on which the import duties chargeable by law shall have been duly paid, shall not become subject to any import duty by reason of the vessel in which they may arrive having touched at a foreign port during the voyage." (19 U. S. C. 294)

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(a) No foreign vessel shall depart from a port in noncontiguous territory of the United States for any other port in noncontiguous territory or for any port in any State or the District of Columbia, nor from any port in any State or the District of Columbia for any port in noncontiguous territory, until a clearance for the vessel has been granted. Such a clearance shall be granted in accordance with the applicable provisions of § 4.61 of the regulations of this part, except that the customs Form 1378 shall be modified by striking out "to a foreign port" and substituting "to noncontiguous territory of the United States" or "to the United States," as the case may be, unless the vessel is simultaneously engaged in one or more of the transactions listed in § 4.90 (a) (4), (5), or (6) of the regulations of this part. In the latter case, clearance shall be granted only on customs Form 1385; see § 4.90 (b) of the regulations of this part. When merchandise is laden on a foreign vessel in noncontiguous territory other than Puerto Rico, for transportation on that vessel to a port in any State, the District of Columbia, or noncontiguous territory, and when this transportation is not forbidden by the coastwise laws, the merchandise may be laden and shipped without shipper's export declarations.

(b) The master of every foreign vessel arriving at a port in any State or the District of Columbia or in noncontiguous territory of the United States from a port in noncontiguous territory to which the coastwise laws do not apply (e.g., Virgin Islands and American Samoa), or arriving at any port in noncontiguous territory to which the coastwise laws do not apply from any place

embraced within the coastwise laws, shall report its arrival within 24 hours and make entry for the vessel within 48 hours after its arrival.

(c) No vessel which is not required to clear but which is transporting merchandise from a port in any State or the District of Columbia to any noncontiguous territory of the United States (including Puerto Rico), or from Puerto Rico to any State or the District of Columbia or any other noncontiguous territory, shall be permitted to depart without filing a complete manifest, when required by regulations of the Bureau of the Census (15 CFR Part 30), and all required shipper's export declarations, unless before the vessel departs an approved bond is filed for the timely production of the required documents, as specified in § 30.24 of those regulations (15 CFR 30.24). The oath on the outward manifest required upon a clearance is not required to be taken to obtain permission to depart.

(d) Upon arrival of a vessel of the United States at a port in any State, the District of Columbia, or Puerto Rico from a port in noncontiguous territory other than Puerto Rico, the master shall report its arrival within 24 hours and shall prepare, produce, and file manifests in the form and manner and at the times specified in §§ 4.7 and 4.9 of the regulations of this part but shall not be required to make entry. If the vessel proceeds directly to another port in any State, the District of Columbia, or Puerto Rico, the master shall prepare, produce, and file manifests in the form and manner and at the times specified in § 4.85 of the regulations of this part but no permit to proceed shall be required for the purposes of this paragraph. No cargo shall be unladen from any such vessel until manifests have been filed and a permit to unlade has been issued in accordance with the procedure specified in § 4.30 of the regulations of this part.

(e) No vessel shall bring guano to the United States from a guano island appertaining to the United States (see 48 U.S.C. 1411) unless such a vessel is entitled to engage in the coastwide trade.

(f) No vessel owned by a corporation which is a citizen of the United States as defined in § 3.19(a) (4) shall, while under demise or bareboat charter from such corporation, be granted clearance or permitted to depart in trade with non

contiguous territory or with the Canal
Zone.

(Secs. 433, 435, 437, 46 Stat. 711, R.S. 4197,
as amended, 4367, 4368, 27A, 72 Stat. 1736; 19
U.S.C. 1433, 1435, 1437, 46 U.S.C. 91, 313, 314,
883-1)
$4.85

Vessels with residue cargo for domestic ports.

(a) Any foreign vessel or vessel of the United States under register or frontier enrollment and license, arriving from a foreign port with cargo or passengers - manifested for ports in the United States another than the port of first arrival, may e proceed with such cargo or passengers from port to port provided a vessel bond (customs Form 7567 and 7569) in a suitrable amount is on file with the collector at the port of first entry.115

(b) Before a vessel proceeds from one domestic port to another with cargo or passengers on board as described in the preceding paragraph, the master shall present to the collector at such port of departure an application in triplicate on customs Form 1385 with subdivision 1 properly executed as an application for a permit to proceed to the next port of call. Each application shall be accompanied by customs Form 3221, Certificate on Vessel Proceeding to Another Port With Foreign Cargo, in duplicate, with the information called for by the form shown thereon in conformity with the data shown on the oath filed at the first port of entry by the master on customs Form 3251 (see § 4.9(a)). However, at subsequent ports of departure, the required certificate on customs Form 3221 may bear the following notation in lieu of showing foreign ports and dates of departure therefrom:

For foreign ports and dates of departure therefrom, see attached Form 3221 issued at

the first domestic port of entry. These movements shall be recorded as foreign transactions.

Upon the execution of subdivision 2 of Form 1385 as a permit to proceed, the second and third copies thereof shall be returned to the master for filing at the

118". Any vessel arriving from a foreign port or place having on board merchandise shown by the manifest to be destined to a port or ports in the United States other than the port of entry at which such vessel first arrived and made entry may proceed with such merchandise from port to port or from district to district for the unlading thereof." (Tariff Act of 1930, sec. 442; 19 U. S. C. 1442)

next domestic port of call. There shall also be returned to the master the vessel's document, if on deposit and a copy of the complete inward foreign manifest of the vessel certified at the first port of entry (referred to hereinafter as the traveling manifest),116 to which shall be attached one of the copies of each certificate on Form 3221, signed by the collector at the port of issuance. If no inward foreign cargo or passengers are to be discharged at the next port of call, that fact shall be indicated on customs Forms 1385 and 3221 by inserting after the name of the port to which the vessel is to proceed the phrase to "load only" in parentheses. The name of that port will not appear in section (a) of subdivision 1 of Form 1385 or in the list of ports for which cargo or passengers are destined in the body of Form 3221. The part of the traveling manifest, which covers articles acquired abroad by the officers and members of the crew (curio list), together with the unused crew declarations prepared for such articles, shall be placed in a sealed envelope addressed to the customs boarding officer at the next port of call and given to the master of the vessel for delivery.

(c) Upon the arrival of a vessel at the next and each succeeding domestic port with inward foreign cargo or passengers still on board, the master shall report arrival and shall make entry within 24 hours. To make such entry subdivision 3 of customs Form 1385 received by the master on clearance from the preceding

110 "Merchandise arriving in any vessel for delivery in different districts or ports of entry shall be described in the manifest in the order of the districts or ports at or in which the same is to be unladen. Before any vessel arriving in the United States with any such merchandise shall depart from the port of first arrival, the master shall obtain from the collector a permit therefor with a certified copy of the vessel's manifest showing the quantities and particulars of the merchandise entered at such port of entry and of that remaining on board." (Tariff Act of 1930, sec. 443; 19 U. S. C. 1443)

"If the master of any such vessel shall proceed to another port or district without having obtained a permit therefor and a certified copy of his manifest, or if he shall fail to produce such permit and certified copy of his manifest to the collector at the port of destination, or if he shall proceed to any port not specified in the permit, he shall be liable to a penalty, for each offense, of not more than $500." (Tariff Act of 1930, sec. 445; 19 U. S. C. 1445)

117

port shall be completely executed by him and both copies thereof presented to the collector. The master shall also present to the collector the master's oath on customs Form 3251, the traveling manifest with the certificates on Form 3221 signed by the collectors at the preceding ports, a manifest (in such number of copies as may be required for local customs purposes) of any cargo or passengers on board manifested for discharge at that port (referred to hereinafter as an abstract manifest), or a "pro forma” manifest if no invard foreign cargo or passengers are to be discharged at that port, and lists in duplicate of all unentered articles acquired abroad by the officers and members of the crew which are still on board and of the stores remaining on board. The traveling crew purchase manifest (curio list), together with the crew declarations, furnished by the prior port of call to the master shall be delivered by him to the boarding officer. In the case of a vessel arriving at the first port on a coast from another coast with cargo manifested for optional ports of delivery as provided in section 4.86, a manifest in original only of all remaining inward foreign cargo for discharge at ports on that coast must be furnished by the master upon entry and must designate the actual intended ports of discharge. The traveling manifest shall serve the purpose of a copy of an abstract manifest at the port where it is finally surrendered. The abstract or "pro forma" manifest shall be ready for presentation to the customs boarding officer upon the arrival of the vessel at the port. The "pro forma" manifest shall be on customs Form 7527-A or B bearing the following legend:

Vessel on an inward foreign voyage with residue cargo for No cargo

or passengers for discharge at this port. No additional vessel bond on customs Form 7567 or 7569 need be filled at subsequent ports of entry.

(d) If any error or omission in the preparation of the Form 3221 is discovered after clearance of the vessel from

117 "Within twenty-four hours after the arrival of such vessel at another port of entry, the master shall report the arrival of his vessel to the collector at such port and shall produce the permit issued by the collector at the port of first arrival, together with the certified copy of his manifest." (Tariff Act of 1930, sec. 444; 19 U. S. C. 1444)

the port of first arrival, it shall be corrected by the master or agent of the vessel by filing a supplemental oath on customs Form 3251 with the collector at the port where the error or omission is first discovered. That collector shall notify the collector at any preceding port of the correction and forward the supplemental oath to the collector at the port of first arrival.

(e) The original traveling manifest, together with the signed certificates on customs Form 3221 which were attached thereto at preceding domestic ports of call, shall be finally surrendered to the collector at the port of final discharge in the United States of inward foreign cargo for which a substitute traveling manifest has not been issued under § 4.34 (e) for retention in the collector's files, unless residue foreign cargo remains on board for discharge at a foreign port or ports, in which case the original traveling manifest shall be so surrendered to the collector at the final port of departure from the United States with any such cargo on board, regardless of whether the vessel proceeds to an intermediate foreign port under § 4.89. The traveling crew purchase manifest (curio list) shall be finally surrendered to the boarding officer or collector at the port where the vessel first departs directly for a foreign port.

(Sec. 439, 442, 443, 444, 623, 46 Stat. 712 as amended, 713, 759, as amended; 19 U.S.C 1439, 1442, 1443, 1444, 1623) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 56174, 29 F.R. 6855, May 26, 1964]

§ 4.86 Intercoastal residue cargo procedure; optional ports.

(a) When a vessel arrives at an Atlantic or Pacific coast port from a foreign port or ports with residue cargo for delivery at a port or ports on the opposite coast or on the Great Lakes, or where such arrival is at a port on the Great Lakes, with residue cargo for delivery at a port or ports on the Atlantic or Pacific coasts, or both, and the master, owner, or agent is unable at that time to designate the specific port or ports of discharge of that residue, the manifest filed on entry shall show such cargo as destined for "optional ports, Atlantic coast," "optional ports, Pacific coast," or "optional ports, Great Lakes coast," as the case may be. The traveling manifest shall be similarly noted. Upon arrival of the vessel at the first port on the next coast, the

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