master, owner, or agent must designate the port or ports of discharge of residue cargo as required by section 431, Tariff Act of 1930. For this purpose, the master shall furnish with the other papers required upon entry a manifest in original only of all inward foreign cargo remaining on board for discharge at ports on that coast, and the manifest must designate the ports of actual intended discharge for that cargo. The traveling manifest shall be amended to agree with that manifest so as to show the newly designated ports of discharge on that coast and shall be used to verify the abstract manifests surrendered at subsequent ports on that coast.

(b) On clearance from the first port and each succeeding port on the next coast, the certificate on customs Form 3221 shall show the actual ports of discharge on that coast as determined at the first port and, when appropriate, that the vessel is destined for optional ports of discharge on another coast.

(Secs. 442, 443, 444, 46 Stat. 713; 19 U.S.C. 1442, 1443, 1444) [T.D. 56174, 29 F.R. 6855, May 26, 1964]

§ 4.87

Vessels proceeding foreign via domestic ports.

(a) Any foreign vessel or vessel of the United States under register or frontier enrollment and license may proceed from port to port in the United States to lade cargo or passengers for foreign ports.

(b) When applying for a clearance upon the first and each succeeding port of lading, from the United States, the master of the vessel shall present to the collector a manifest on customs Form 1374 of all the cargo laden for export at that port. It shall indicate clearly all previous ports of lading.

(c) The application for permit to proceed shall be submitted in duplicate on customs Form 1385 with subdivision 1 completely executed. Upon compliance with the applicable provisions of § 4.61 of these regulations, the collector shall execute subdivision 2 of Form 1385 and return one copy to the master, together with the vessel's document if on deposit. The traveling crew purchase manifest (curio list), together with any unused crew declarations, shall be placed in a sealed envelope addressed to the customs boarding officer at the next domestic

port of call and returned to the master of the vessel for delivery.

(d) On arrival at the next and each succeeding domestic port, the master shall report arrival within 24 hours. He shall also make entry within 48 hours by presenting the vessel's document, the permit to proceed on customs Form 1385 received by him upon clearance from the last port, and duplicate lists of all unentered articles acquired abroad by the officers and crew of the vessel which are still retained on board and of the stores on board. Subdivision 3 of the Form 1385 shall be completely executed upon delivery to the collector. The traveling crew purchase manifest (curio list) together with any unused crew declarations returned by the prior port of call to the master shall be delivered by him to the boarding officer.

(e) Clearance shall be granted at the final port of departure from the United States in accordance with § 4.61.

(f) If a complete manifest and all required shipper's export declarations are not available for filing before departure of a vessel from any port, clearance on customs Form 1385 (Form 1378 at the last port) may be granted in accordance with § 4.75 of the regulations of this part, subject to the limitation specified in paragraph (c) of that section.

(g) When the procedure outlined in paragraph (f) of this section is followed at any port, the owner or agent of the vessel shall deliver to the collector at that port within 4 business days after the vessel's clearance from that port " a manifest on customs Form 1374 and the export declarations to cover the cargo laden for export at that port.

118

(customs Form 7567 or 7569) in a suitable amount is on file with the collector at the port of first entry.119

(b) The collector shall designate the items of such merchandise, if any, for which foreign landing certificates will be required.

120

(c) If the vessel clears directly foreign from the first port of arrival, cargo brought in from foreign ports and retained on board may be declared on the outward foreign manifest (customs Form 1374) by the insertion of the following statement:

All cargo declared on entry in this port as cargo for discharge at foreign ports and so shown on the inward manifest filed upon entry has been and is retained on board. If any such cargo has been landed, the outward foreign manifest shall describe each item of the cargo from a foreign port which has been retained on board.

(d) If the vessel is proceeding to other ports in the United States with foreign residue cargo on board manifested for discharge at a foreign port or ports, a procedure like that set forth in § 4.85 shall be followed with respect thereto.

(Secs. 442, 622, 623, 46 Stat. 713, 759, as amended; 19 U.S.C. 1442, 1622, 1623)

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

119 "Any vessel having on board merchandise shown by the manifest to be destined to a foreign port or place may, after the report and entry of such vessel under the provisions of this Act, proceed to such foreign port of destination with the cargo so destined therefor, without unlading the same and without the payment of duty thereon.

(Tariff Act of 1930, sec. 442; 19 U. S. C. 1442) 12 "The Secretary of the Treasury may by regulations require the production of landing certificates in respect of merchandise exported from the United States, or in respect of residue cargo, in cases in which he deems it necessary for the protection of the revenue." (Tariff Act of 1930, sec. 622; 19 U. S. C. 1622)

cargo for such foreign destination in the manner provided in § 4.88 (c).

(b) The master shall also present to the collector the manifest or manifests required by §§ 4.85, 4.86. or 4.87, and obtain a permit to proceed to the next port in the United States at which the vessel will touch.

(c) Upon arrival at the next port in the United States after touching at a foreign port or ports a report of arrival and entry shall be made. The inward foreign manifest shall list the cargo laden at the intermediate foreign port or ports. (d) The master shall also present to the collector the permit to proceed and the manifests from the last previous port in the United States as provided for in §§ 4.85, 4.86, or 4.87.

§ 4.90 Simultaneous vessel transactions.

(a) A vessel may proceed from port to port in the United States for the purpose of engaging in two or more of the following transactions simultaneously, subject to the limitations hereafter mentioned in this section and the conditions stated in the sections indicated in the list:

121

(1) Coastwise trade (§ 4.80).

(2) Touching at a foreign port while in coastwise trade (§ 4.82).

(3) Trade with noncontiguous territory of the United States (§ 4.84).

(4) Carriage of residue cargo or passengers from foreign ports (§§ 4.85-4.86).

(5) Carriage of cargo or passengers laden for foreign ports (§ 4.87).

(6) Carriage of residue cargo for foreign ports (§ 4.88).

(b) When a vessel is engaged simultaneously in two or more such transactions, the master shall indicate each type of transaction in which the vessel is engaged in his application for clearance on subdivision 1 of customs Form 1385. The master shall conform simultaneously to all requirements of these regulations with respect to each transaction in which the vessel is engaged.

(c) A foreign vessel is not authorized by this section to engage in the coastwise trade, including trade with noncontinguous territory embraced within the coastwise laws.

121 For the purposes of this part, an inward foreign voyage is completed at the port of final discharge of inbound passengers or cargo, and an outward foreign voyage begins at the port where cargo or passengers are first laden for carriage to a foreign destination.

(d) A vessel of the United States may engage in transactions (2), (4), (5), or (6) only if under register or frontier enrollment and license. Such a vessel shall not engage in transactions (1) or (3) unless permitted by its register or frontier enrollment and license so to do. (e) When one vessel bond on customs Form 7567 or 7569 is filed at any port and applicable to the current voyage of the vessel, it shall cover all simultaneous transactions engaged in on that voyage and no other like bond need be filed.

(a) If any vessel cleared from one port in the United States for another such port as provided for in §§ 4.81(e), 4.85, 4.87, or 4.88 is, while en route, diverted to a port in the United States other than the one specified in the permit to proceed, customs Form 1385,122 the owner or agent of the vessel immediately shall give notice of the diversion to the collector who granted the permit, informing him of the new destination of the vessel and requesting him to notify the collector at the latter port. Such notification by the collector shall constitute an amendment of the clearance (permit) previously granted, shall authorize the vessel to proceed to the new destination, and shall be filed by the collector at the latter port with the Form 1385 submitted on entry of the vessel.

(b) If any vessel cleared from a port in the United States for a foreign port is provided for in § 4.60 is diverted, While en route, to a port in the Jnited States other than that from which It was cleared, the owner or agent of the Tessel immediately shall give notice of he diversion to the collector who granted he clearance, informing him of the new lestination of the vessel and requesting tim to notify the collector at the latter Port. Such notification by the collector hall constitute a permit to proceed pastwise, and shall authorize the vessel b proceed to the new destination. On rrival at the new destination, the masPer shall report arrival within 24 hours. He shall also make entry within 48 hours by presenting (1) the vessel's document, 2) the foreign clearance on Form 1378 ranted by the collector at the port of departure, (3) a certificate that when

See § 4.33.

the vessel was cleared from the last previous port in the United States there were on board cargo and/or passengers for the ports named in the foreign clearance certificate only and that additional cargo or passengers (have) (have not) been taken on board or discharged since such clearance was granted (specifying the particulars if any passengers or cargo were taken on board or discharged), (4) a list in duplicate of all unentered articles acquired abroad by the officers and crew of the vessel which are still retained on board, and (5) a list in duplicate of the stores on board.

on

(c) In a case of necessity, a collector may grant an application on customs Form 3171 of the owner or agent of an established line for permission to transship 123 all cargo and passengers from one vessel of the United States to another such vessel under customs supervision, if the first vessel is transporting residue cargo for domestic or foreign ports or is an outward foreign voyage or a voyage to noncontiguous territory of the United States, and is following the procedure prescribed in §§ 4.85, 4.87, or 4.88. When inward foreign cargo or passengers are so transshipped to another vessel, a separate traveling manifest with a separate certificate on customs Form 3221 attached shall be used for the transshipped cargo or passengers, whether or not the forwarding vessel is also carrying other residue cargo or passengers. An appropriate cross reference shall be made on customs Form 3221 to show whether any other traveling manifest is being carried forward on the same vessel.

124 "It shall be unlawful for any vessel not wholly owned by a person who is a citizen of the United States within the meaning of the laws respecting the documentation of vessels and not having in force a certificate of registry, a certificate of enrollment, or a license, issued pursuant to this title, or a certificate of award of number issued pursuant to section 288 of this title, to tow any vessel other than a vessel of foreign registry, or a vessel in distress, from any port or place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same, either directly or by way of a foreign port or place, or to do any part of such towing, or to tow any such

vessel, from point to point within the harbor of such places. The owner and master of any vessel towing another vessel in violation of the provisions of this section shall each be liable to a fine of not less than $250 nor more than $1,000, which fines shall constitute liens upon the offending vessel enforceable through the district court of the United States for any district in which such vessel may be found, and clearance shall not be granted to such vessel until the fines have been paid. The towing vessel shall also be further liable to a penalty of $50 per ton on the measurement of every vessel towed in violation of this section, which sum may be recovered by way of libel or suit." (46 U. S. C. 316 (a))

"Any foreign railroad company or corporation, whose road enters the United States by means of a ferry, tugboat, or towboat, may own such vessel and operate the same in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by such road, together with the passengers, freight, express matter, baggage, and mails transported in such cars, without being subject to any other or different restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country: Provided, That except as authorized by section 883 of this title, such ferry, tugboat, or towboat shall not, under penalty of forfeiture, be used in connection with the transportation of any merchandise shipped from any port or place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same." (46 U. S. C. 316 (c))

"Every undocumented vessel, operated in whole or in part by machinery owned in the United States and found on the navigable waters thereof, except public vessels, and vessels not exceeding sixteen feet in length measured from end to end over the deck excluding sheer, temporarily equipped with detachable motors, shall be numbered. (46 U. S. C. 288)

(See §3.19 (a) of this chapter.)

130 For regulations of the Bureau of the Census relating to statistics from these records, see 15 CFR Part 30.

(a) As used in this section:

(1) The term "convention vesse means a Canadian fishing vessel whic at the time of its arrival in the Unit States, is engaged only in the North P cific halibut fishery and which is ther fore entitled to the privileges provid for by the Halibut Fishing Vessels Co vention between the United States ar Canada signed at Ottawa on March 2 1950 (T. D. 52862);

(2) The term "nonconvention fishi vessel" means any vessel other than convention vessel which is employed whole or in part in fishing at the time its arrival in the United States and

(i) Which is documented under th laws of a foreign country,

(ii) Which is undocumented, of 5 n tons or over, and owned in whole or i part by a person other than a citizen the United States, or

(iii) Which is undocumented, of les than 5 net tons, and owned in whole in part by a person who is neither a cit zen nor a resident of the United State

(3) The term "nonconvention car vessel" means any vessel which is n employed in fishing at the time of its a rival in the United States, but which engaged in whole or in part in the tran portation of fish or fish products al (i) Which is documented under t laws of a foreign country or

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(ii) Which is undocumented owned by a person other than a citiz of the United States; and

(4) The term "fishing" means t planting, cultivation, or taking of fis shell fish, marine animals, pearls, shel or marine vegetation, or the transpo

131a

"

• • Except as otherwise p vided by treaty or convention to which t United States is a party, no foreign-flag v sel shall, whether documented as a car vessel or otherwise, land in a port of t United States its catch of fish taken board such vessels on the high seas or products processed therefrom, or any fish fish products taken on board such vessel the high seas from a vessel engaged in fis ing operations or in the processing of fi or fish products." (46 U. S. C. 251)

(c) A vessel of the United States to be ployed in fishing may be enrolled and ensed, or licensed, depending upon its e, or registered. If registered, the ssel must be entitled to be licensed or Carolled and licensed for the fisheries. Bee §§ 3.2 and 3.42 of this chapter.)

(d) A convention vessel may come to a port of entry on the Pacific coast the United States, including Alaska, land its catch of halibut and incientally-caught sable fish, or to secure applies, equipment, or repairs. Such a essel may come into any other port of entry or, if properly authorized to do so under 1.2 (b) of this chapter, into any place other than a port of entry, for the purpose of securing supplies, equipment, or repairs only, but shall not land its catch. A convention vessel which comes into the United States as provided for in this paragraph shall comply with the usual requirements applicable to breign vessels arriving at and departing rom the United States.

(e) A nonconvention fishing vessel May come into a port of entry in the Inited States or, if granted permission hder § 1.2 (b) of this chapter, into a lace other than a port of entry for the urpose of securing supplies, equipment, repairs, but shall not land its catch. nonconvention fishing vessel which omes into the United States as provided tor in this paragraph shall comply with he usual requirements applicable to forign vessels arriving at and departing rom ports of the United States.

(f) A nonconvention cargo vessel, al

"Vessels of twenty tons and upward, rolled in pursuance of sections 251-255, 68, 259, 262-280, 293, 306-316, 318, 321-330 and 333-335 of this title, and having a litense in force, or vessels of less than twenty tons, which, although not enrolled, have a cense in force, as required by such sections, and no others, shall be deemed vessels of the Caited States entitled to the privileges of Vessels employed in the coasting trade or Esheries. (46 U. S. C. 251)

"

though not prohibited by by law from coming into the United States, shall not be permitted to land in the United States its catch of fish taken on the high seas or any fish or fish products taken on board on the high seas from a vessel employed in fishing or in the processing of fish or fish products, but may land fish taken on board at any place other than the high seas upon compliance with the usual requirements. Before any such fish may be landed the master shall satisfy the collector that the fish were not taken on board on the high seas by presenting declarations of the master and two or more officers or members of the crew of the vessel, of whom the person next in authority to the master shall be one, or other evidence acceptable to the collector which establishes the place of lading to his satisfaction.

(g) A convention vessel, a nonconvention fishing vessel, or a nonconvention cargo vessel which arrives in the United States in distress shall be subject to the usual requirements applicable to foreign vessels arriving in distress. While in the United States, supplies, equipment, or repairs may be secured, but, except as specified in the next sentence, fish shall not be landed unless the vessel's master, or other authorized representative of the owner, shows to the satisfaction of the collector that it will not be possible, by the exercise of due diligence, for the vessel to transport its catch to a foreign port without spoilage, in which event the collector may allow the vessel, upon compliance with all applicable requirements, to land, transship, or otherwise dispose of its catch. Nothing herein shall prevent a convention vessel arriving in distress from landing its catch of halibut and incidentally-caught sable fish at a port of entry on the Pacific coast, including Alaska, upon compliance with normal customs procedures, nor prevent a foreign cargo vessel arriving in distress from landing, upon compliance with normal customs procedures, its cargo of fish taken on board at any place not on the high seas.

(h) A registered vessel may be cleared for a whaling voyage 131e under the same

131c "All vessels which may clear with registers for the purpose of engaging in the whale fishery shall be deemed to have lawful and sufficient papers for such voyages, securing the privileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries." (46 U. S. C. 280)