terms and conditions as though it were enrolled and licensed for the whale fishery.

(R. 8. 4132, as amended, 4311, as amended, 4339; 46 U. S. C. 11, 251, 280)

§ 4.97 Salvage vessels.

(a) Only a vessel of the United States, a numbered motorboat owned by a citizen,132 or a vessel operating within the purview of paragraph (d) or (e) of this section, shall engage in any salvage operation in territorial waters of the United States unless an application addressed to the Commissioner of Customs to use another specified vessel in a completely described operation has been granted."

133

(b) Upon receipt of such an application, the Commissioner of Customs will cause an investigation to be made immediately to determine whether a suitable vessel of the United States or a suitable numbered motorboat owned by a citizen is available for the operation. If he finds that no such vessel is available

132 See §3.19 (a) of this chapter.

133 "No foreign vessel shall, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico, except when authorized by a treaty or in accordance with the provisions of section 725 of this title: Provided, however, That if, on investigation, the Secretary of the Treasury is satisfied that no suitable vessel wholly owned by a person who is a citizen of the United States and documented under the laws of the United States or numbered pursuant to section 288 of this title. is available in any particular locality he may authorize the use of a foreign vessel or vessels in salvaging operations in that locality and no penalty shall be incurred for such authorized use." (46 U. S. C. 316 (d))

"Nothing in this section shall be held or construed to prohibit or restrict any assistance to vessels or salvage operations authorized by Article II of the treaty between the United States and Great Britain 'concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage' signed at Washington, May 18, 1908 (35 Stat. 2036), or by the treaty between the United States and Mexico 'to facilitate assistance to and salvage of vessels in territorial waters,' signed at Mexico City, June 13, 1935 (49 Stat. 3359)." (46 U. S. C. 316 (e))

and that the facts otherwise warra favorable action, he will grant the a plication.

(c) If the application is granted, t applicant shall make a full report of t operation as soon as possible to the co lector of customs at the port nearest t place where the operation was conducte (d) A Canadian vessel may engage salvage operations on any vessel in a territorial waters of the United States which Canadian vessels are permitted conduct such operations by article II the treaty between the United States an Great Britain signed on May 18, 1908, or by section 725, title 46, United Stat Code. If any such vessel engages in salvage operation in territorial waters the United States, the owner or mast

134 "The High Contracting Parties agr that vessels and wrecking appliances, eith from the United States or from the Dominic of Canada, may salve any property wrecke and may render aid and assistance to an vessels wrecked, disabled or in distress in th waters or on the shores of the other countr in that portion of the St. Lawrence Rive through which the International Boundar line extends, and, in Lake Ontario, Lake Erie Lake St. Clair, Lake Huron, and Lake Su perior, and in the Rivers Niagara, Detroi St. Clair, and Ste. Marie, and the Canals & Sault Ste. Marie, and on the shores and 1 the waters of the other country along th Atlantic and Pacific Coasts within a distanc Internation of thirty miles from the Boundary on such Coasts.

"It is further agreed that such reciproc wrecking and salvage privileges shall includ all necessary towing incident thereto, an that nothing in the Customs, Coasting other laws or regulations of either count shall restrict in any manner the salving ope ations of such vessels or wrecking appliance

"Vessels from either country employed salving in the waters of the other shall, a soon as practicable afterwards, make full re port at the nearest custom house of the cour try in whose waters such salving takes place (35 Stat. 2036)

135 "Canadian vessels and wrecking appu tenance may render aid and assistance t Canadian or other vessels and propert wrecked, disabled, or in distress in the water of the United States contiguous to the Do minion of Canada.

"This section shall be construed to apply t the canal and improvement of the water between Lake Erie and Lake Huron, and t the waters of the Saint Mary's River an Canal: (46 U. S. C. 725) The waters of Lake Michigan are not con tiguous to the Dominion of Canada withi the meaning of this statute.

"

(d) Fee 3 shall be collected for granting a permit to a foreign vessel to proceed to another customs district, but not for a permit to proceed to a port in the same district. It shall be collected from a foreign vessel clearing directly for a port in noncontiguous territory of the United States outside its customs territory. This fee shall not be collected in the case of a foreign vessel proceeding on a voyage by sea from one district in the United States to another such district via a foreign port. Only one fee shall be collected in case of simultaneous vessel transactions.

(e) Fee 4 shall be collected for receiving the manifest of a foreign vessel arriving from another customs district, but not arriving from a port in the same district. It shall be collected from a foreign vessel entering directly from a port in noncontiguous territory of the United States outside its customs territory. This fee shall not be collected in the case of a foreign vessel which arrives in one district in the United States from another such district on a voyage by sea via a foreign port. Only one fee shall be collected in case of simultaneous vessel transactions.

(f) Fee 6 shall be collected when the application is approved.

(g) In computing the amounts to be collected under Fee 7:

(1) The word "folio" shall mean 100 words, counting each figure as a word (44 U. S. C. 326). No charge shall be made for fractions of a folio.

(2) When any instrument presented is not on an appropriate customs form, the number of folios shall be computed under the pertinent one of the following formulas:

(i) Except as specified in subdivision (iii) of this subparagraph, if the instrument is of less than 20 pages, the total number of lines shall be determined; the number of words in 10 percent of the lines of each size and style of writing or printing (handwritten, pica typewritten, elite typewritten, printed, etc.; full measure, indented, etc.) shall be counted, using lines of average length; the average number of words per line of each size and style of writing or printing shall be multiplied by the total number of lines of such size and style in order to arrive at the total number of words; and that total shall be divided

by 100 in order to ascertain the total number of folios.

(ii) Except as specified in subdivision (iii) of this subparagraph, if the instrument is of 20 pages or more, the number of words on a representative sample of pages (10 percent of the total, using pages of average width and length) shall be counted; the average number of words per page shall be multiplied by the number of pages in order to arrive at the total number of words; and that total shall be divided by 100 in order to ascertain the total number of folios.

(iii) If any such instrument contains a recitation or copy of a marine document of a vessel, whether reproduced by photostatic process or otherwise, the number of folios in such recitation or copy shall not be determined as specified in subdivision (i) or (ii) of this subparagraph, but instead each such recitation or copy shall be deemed to contain 5 folios. The number of folios contained in such recitation or copies, determined in accordance with this subdivision, shall be added to the number of folios contained in the remainder of such instrument, ascertained in accordance with subdivision (i) or (ii) of this subparagraph, as the case may be, and the sum shall be the total number of folios in that instrument.

(3) When any instrument presented is on one of the following customs forms and contains only such written matter as is customarily used and necessary to complete and fill in the blanks on the form or when it contains such matter and other written matter interpolated or appended of less than 200 words, the number of folios in the instrument shall be deemed to be in accordance with the following schedule:

(i) Bill of sale of vessel on customs Form 1340, 1342, 1344, 1346, or 1356: 10 folios.

(ii) Mortgage of vessel on customs Form 1348-If marine document is not recited: 15 folios. If marine document is recited: 20 folios.

(iii) General Index or Abstract of Title on customs Form 1332: 5 folios.

(iv) General Index or Abstract of TitleContinuation Sheet on customs Form 1332-A: 1 folio for each two instruments noted thereon.

(v) Certificate of Ownership on customs Form 1330: 5 folios.

(4) When any such instrument is prepared on a customs form and contains

such written matter as is customarily used and necessary to complete and fill in the blanks on the form and other written matter interpolated or appended of 200 or more words, the number of folios in the instrument shall be computed on the basis of the above schedule for the printed forms, plus an additional amount for all the written matter other than such as is used and necessary to complete and fill in the blanks on the form in the customary manner, which amount shall be computed as though that portion of the instrument were not on a customs form.

(5) The number of folios in a certified copy of any instrument furnished under Fee 7, Service (b), shall be computed in the same manner as in the case of the original, except that the number of folios in a certificate of discharge on customs Form 1363 shall be deemed to be 5, unless the form contains interpolated or appended written matter of 200 or more words in addition to such written matter as is customarily used and necessary to complete and fill in the blanks on the form, in which case the fee shall be computed on the basis of a charge for 3 folios for the printed form, plus an additional amount for all the written matter other than such as is used and necessary to complete and fill in the blanks on the form in the customary manner, which amount shall be computed as though that portion of the instrument were not on a customs form.

(h) Fee 7 applies only to services covered by the Ship Mortgage Act, 1920 (46 U. S. C. 921 (b), 923, 926 (c), and 927), all of which are included in the descriptions opposite that fee number in the table set forth in paragraph (a) of this section. It shall not be collected for a duplicate certified copy of the record at the former home port issued in accordance with § 3.33 (1) of this chapter.

(i) Fee 8 is collected principally from vessels in the Alaska trade.

(j) Fee 9 shall be collected from foreign vessels only.

(k) Fee 10 shall be collected for each copy of any official document, whether -certified or not, furnished to any person other than a Government officer.

(Sec. 501, 65 Stat. 290, sec. 7, 35 Stat. 426, as amended; 5 U.S.C. 140, 46 U.S.C. 49) [28 PR. 14596, Dec. 31, 1963, as amended by T.D. 56251, 29 F.R. 12627, Sept. 5, 1964]

PART 5-CUSTOMS RELATIONS WITH CONTIGUOUS FOREIGN TERRITORY

Sec.

5.1

5.2

5.3

5.4

5.5

5.6

5.7 5.8

Imports from contiguous countries;
manifests; report of arrival.
Vessels and vehicles; unlading and
lading; permits; overtime services.
Vessels under frontier enrollment and
license; repairs and equipment; sea
and saloon stores and supplies.
Inspection of baggage from contigu-
ous foreign country.

Examination of baggage in foreign
territory.

Merchandise arriving from a contiguous foreign country in sealed vessels or vehicles.

Supplies on international trains. Merchandise in transit between ports in the United States through contiguous foreign territory; procedure at port of exit or lading on vessel. Transshipment; storage; feeding and watering livestock in Canada. 5.10 Diversion or delay in foreign territory; procedure and treatment at port of reentry or discharge from vessel.

5.9

5.11 Merchandise in transit through the United States between ports of Canada or Mexico; procedure.

5.12 Locomotives; railroad equipment; when entry required.

5.13 Stolen automobiles, trailers, and airplanes returned to United States; entry not required.

5.15 Buildings on boundary; merchandise deposited therein.

AUTHORITY: The provisions of this Part 5 issued under R.S. 251, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 19 U.S.C. 66, 1624, Gen. Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted.

SOURCE: The provisions of this Part 5 appear at 28 F.R. 14620, Dec. 31, 1963, unless otherwise noted.

§ 5.1 Imports from contiguous countries; manifests; report of arrival.

(a) The master or person in charge of every vessel of less than 5 net tons which is carrying baggage or other merchandise and arrives in the United States from a contiguous country otherwise than by sea' and the person in charge of every vehicle which arrives in the

'For the reporting, entry, and clearance requirements applicable to vessels of less than 5 net tons which arrive in the United States from, or depart for, a contiguous country by sea, and to vessels of 5 net tons or over, whether arriving or departing by sea or otherwise, see §§ 4.2, 4.3, and 4.60 of this chapter.

United States from a contiguous country, whether or not carrying merchandise, shall report arrival to the collector. Baggage and other merchandise carried in either such case shall be listed on a manifest as provided for by paragraph (b) of this section, which shall be filed with the collector when the arrival is reported. A vessel of less than 5 net tons arriving in the United States from a contiguous country otherwise than by sea is not subject to the provisions of sections 433, 434, 435, or 448 (a), Tariff Act of 1930, and no report of the arrival of such a vessel is required if it is not carrying any baggage or other merchandise.

(b) Except as otherwise specifically provided for in this paragraph or as may be specially authorized by the Bureau, the manifest shall be filed in original only. It shall be certified by the master of the vessel or person in charge of the vehicle. Customs Form 7533-A shall be used to manifest baggage arriving in baggage cars. When the procedure for the use of sticker labels in lieu of sealing and special manifesting, authorized by § 5.5 (d) is followed, the total number of pieces of baggage examined and passed in foreign territory by the United States customs officer who will release them upon arrival in the United States may be shown on customs Form 7533-A in lieu of filling in the first four columns of such form.

Customs Form 5119 or 5119-A

* "The master of any vessel of less than five net tons carrying merchandise and the person in charge of any vehicle arriving in the United States from contiguous country, shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which such vessel or vehicle shall cross the boundary line or shall enter the territorial waters of the United States, and if such vessel or vehicle have on board any merchandise, shall produce to such customs officer a manifest as required by law, and no such vessel or vehicle shall proceed farther inland nor shall discharge or land any merchandise, passengers, or baggage without receiving a permit therefor from such customs officer. Any person importing or bringing merchandise into the United States from a contiguous country otherwise than in a vessel or vehicles shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which he shall cross the boundary line and shall present such merchandise to such customs officer for inspection." (Tariff Act of 1930, sec. 459, as amended; 19 U. S. C. 1459)

may be used in lieu of other forms of customs manifest when the value of the merchandise does not exceed $250. Customs Form 7523 also may be used in lieu of other forms of customs manifests for merchandise which is entered on that form. In all other cases, except as provided for by paragraph (c) of this section and 5.11 (c), the manifest required from a vehicle, or from a vessel of less than 5 net tons arriving in the United States from a contiguous country otherwise than by sea, shall be on customs Form 7533, except that when baggage arrives in the United States in the actual possession of a traveler, his declaration therefor shall be accepted in lieu of a manifest. For manifesting required in the case of any vessel which is required to make entry, see § 4.7 (a) of this chapter. If a shipment not exceeding $250 in value is unconditionally free of duty and not subject to quota or to internalrevenue tax and arrives on a vessel which is required to enter, the inward foreign manifest of the merchandise, if presented in duplicate, may be used as an entry therefor, if no merchandise for a different entrant is listed on the same page of the manifest, and if the importer notes on the manifest the country of exportation of the merchandise, its value, and the provision of law under which free entry is claimed and furnishes evidence of the right to make entry as required by § 8.6 of this chapter. Merchandise imported by a person otherwise than in a vessel or vehicle need not be covered by a manifest, but the importer shall report his arrival, present such merchandise for inspection, and make entry therefor, if required, in accordance with the applicable laws and regulations.

(c) If a shipment not exceeding $250 in value consists of articles of American origin entered free of duty under the provisions of § 10.1(f) of this chapter and is imported in a vehicle, customs Form 3311, in duplicate, used in entering the goods, may also be accepted in lieu of a manifest, provided the importer furnishes evidence of the right to make entry as required by § 8.6 of this chapter. When all the merchandise arriving on one vessel or vehicle is entered immediately upon arrival either under a single immediate transportation entry or a single transportation and exportation or direct exportation entry, the copy of customs Form 7512 to be retained at the port of first arrival may be adapted for use as a combined inward foreign