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anifest and in-bond transportation or rect exportation entry. When Cusms Form 7512 is to be so used, the forin port of lading and the name of the ipper shall be shown thereon in every se and a certificate in the following fm shall be executed by the master of e vessel or the person in charge of the hicle:

This entry correctly covers all the merandise on the vessel or vehicle, of which m the master or person in charge, when first arrived in the United States. If error in the quantity, kind of articles, other details, is discovered, I will immetely report the correct information to the lector of customs.

He above prescribed form of certificate y be legibly stamped on the form or a separate paper securely attached greto.

(d) The penalty of $100 for failure to port and the penalty of $100 for proeding inland without a permit, imsed by section 460, Tariff Act of 1930, - amended,' apply in every case where

"The master of any vessel or the person 1 charge of any vehicle who fails to report val in the United States as required by he preceding section, or if so reporting proBeds further inland without a permit from be proper customs officer, shall be subject

penalty of $100 for each offense. If any erchandise is imported or brought into the ited States in any vessel or vehicle, or Jany person otherwise than in a vessel or bicle, from a contiguous country, which el, vehicle, or merchandise is not so reted to the proper customs officers; or if i master of such vessel or the person in rge of such vehicle fails to file a manifest the merchandise carried therein, or disrges or lands such merchandise without ermit; such merchandise and the vessel vehicle, if any, in which it was imported brought into the United States shall be ject to forfeiture; and the master of such el or the person in charge of such vee, or the person importing or bringing in chandise otherwise than in a vessel or icle, shall, in addition to any other penE be liable to a penalty equal to the de of the merchandise which was not ted, or not included in the manifest, Which was discharged or landed without mit. If any vessel or vehicle not so reted carries any passenger; or if any pasger is discharged or landed from any such Eel or vehicle before it is so reported, or E such report but without a permit; the ter of the vessel or the person in charge the vehicle shall, in addition to any other alty, be liable to a penalty of $500 for passenger so carried, discharged, or

dded."

(Tariff Act of 1930, sec. 460, as nded; 19 U.S.C. 1460)

a vehicle is involved whether or not the vehicle is carrying merchandise, passen. gers, or baggage. Such penalties apply with respect to vessels of less than 5 net tons only when such vessels are carrying merchandise or baggage. (Secs. 459, 460, 498 (a), 46 Stat. 717, as amended, 728, as amended; 19 U. S. C. 1459, 1460, 1498 (a)).

§ 5.2

Vessels and vehicles; unlading and lading; permits; overtime services. (a) No passenger or merchandise (including baggage) shall be landed or discharged at any time from any vessel of less than 5 net tons which arrives from a contiguous country, by sea or otherwise, or from a vehicle which arrives from such a country, until permission therefor has been granted by the customs officer to whom the arrival of the vessel or vehicle has been duly reported. The collector may require that the permission and an application therefor be in writing on customs Form 3851, appropriately modified for the purpose. The foregoing requirement shall not apply to the unlading of passengers from any such vessel arriving from a contiguous country otherwise than by sea when such vessel is not carrying baggage or other merchandise.

(b) No lading of merchandise requiring customs supervision on any vessel or vehicle departing for a contiguous country by any route, and no unlading of any passenger or merchandise (including baggage) from any vessel of less than 5 net tons or vehicle arriving from a contiguous country by any route, shall be done at night or on a Sunday or holiday until the collector has granted an application for a special license therefor. The foregoing requirement shall not apply to the unlading of passengers from any such vessel arriving from a contiguous country otherwise than by sea when such vessel is not carrying baggage or other merchandise. The application for the license and request for any reimbursable overtime services required of customs officers shall be on customs Form 3851, except that in the cases of vessels of less than 5 net tons and vehicles, not engaged in the carriage of persons or property for hire, the collector in his discretion and under such conditions as he deems advisable may

3 For the requirements with respect to the unlading or lading of vessels not within the purview of this section, see § 4.30 of this chapter.

allow the application to be made orally. In the cases of the vessels and vehicles last mentioned, the collector may authorize his customs inspectors to grant oral permission for unlading at night or on a Sunday or holiday and to grant requests on Form 3853 required in such a case for reimbursable overtime services.

(c) A request for reimbursable overtime services shall not be approved under the provisions of the preceding paragraph unless the required cash deposit or bond on customs Form 7567, 7569, or 7597 shall have been received, except that, when a carrier has on file a bond on customs Form 3587, no further bond shall be required of such carrier solely by reason of the unlading or lading at night or on a Sunday or holiday of merchandise (including baggage) covered by an entry for transportation in bond.

(d) A permit or special license required by this section may be issued on a term basis in the manner and under such of the conditions prescribed in § 4.30 (f) or (g) of this chapter as are applicable.

(Secs. 448, 450-454, 459, 46 Stat. 714, 715, as amended, 716, 717, as amended; 19 U. S. C. 1448, 1450, 1451, 1452, 1453, 1454, 1459)

§ 5.3 Vessels under frontier enrollment and license; repairs and equipment; sea and saloon stores and supplies.

(a) The statement of the cost of repairs made or equipment taken on board a vessel in contiguous foreign territory, required to be filed by section 465, Tariff Act of 1930, shall be submitted by the master on customs Form 3415. If no equipment has been purchased or repairs made, a declaration to that effect

"The master of any vessel of the United States documented to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers shall, upon arrival from a foreign contiguous territory, file with the manifest of such vessel a detailed list of all samples or other merchandise purchased in such foreign country for use or sale on such vessel, and also a statement of the cost of all repairs to and all equipment taken on board such vessel.... If any such supplies, merchandise, repairs, or equipment shall not be reported, the master, or other person having charge of such vessel shall be liable to a fine of not less than $100 and not more than $500, or to imprisonment for not more than two years, or both." (Tariff Act of 1930, sec. 465; 19 U. S. C. 1465)

shall be made on customs Form 34 Equipment purchased and repairs m in a foreign country are subject to di but such duty may be remitted un certain conditions. (See §§ 4.7(b) and 4.14 of this chapter.)

(b) The master shall also certify the collector that any supplies listed "sea stores" are intended for the clusive use of the vessel. If the qu tities thereof are excessive, duties s be paid on the excess.

(c) Supplies listed as "saloon stor intended for sale on board the vessel, dutiable and shall be entered as m chandise.

(Sec. 465, 46 Stat. 718; 19 U. S. C. 14 § 5.4 Inspection of baggage from tiguous foreign country.

Customs officers shall not open b gage for the purpose of making inspection required by section 461, Ta Act of 1930,5 but shall detain such b gage until its owner or his agent op or refuses to open it. If the owner his agent refuses to open the baggage shall be opened and examined in acco ance with the provisions of section 4 Tariff Act of 1930, unless a request received from the owner or his agent make other proper disposition there

"All merchandise and baggage impor or brought in from any contiguous coun except as otherwise provided by law or regulations of the Secretary of the Treas shall be unladen in the presence of and inspected by a customs officer at the port of entry at which the same shall arr and such officer may require the owner his agent, or other person having charg possession of any trunk, traveling bag, s valise, or other container or of any cl vehicle, to open the same for inspection to furnish a key or other means for oper the same." (Tariff Act of 1930, sec. 461 U. S. C. 1461)

"If such owner, agent, or other per shall fail to comply with his demand, officer shall retain such trunk, traveling sack, valise, or other container or cl vehicle, and open the same, and, as s thereafter as may be practicable, exan the contents, and if any article subjec duty or any article the importation of wh is prohibited is found therein, the whole tents and the container or vehicle shal subject to forfeiture." (Tariff Act of 1 sec. 462; 19 U.S.C. 1462)

'For procedure relative to the examina of uninspected baggage, form of declarat exemption, and forwarding baggage in b see §§ 10.16-10.30 of this chapter.

Customs

officers shall not unlock a ehicle or a compartment thereof for the purpose of examining baggage unless the owner or operator refuses to unlock such vehicle or compartment.

Secs. 461, 462, 46 Stat. 717, 718; 19 U.S.C. 1461, 1462)

5.5 Examination of baggage in foreign territory.

(a) United States customs officers tationed in foreign territory for that I purpose may examine baggage being forwarded under baggage check, by dxpress or in chartered cars of persons destined to the United States who have made proper declaration therefor, when requested to do so by such persons, but, frexcept as to baggage being forwarded under baggage check, such examination shall not be made of baggage containing articles for which the $200 or $300 exemption is claimed under item 813.31 or 813.32, Tariff Schedules of the United States. Upon completion of the examination, a special green cardboard manifest not less than 22 by 42 inches in size supplied by the carrier shall be completed and attached under customs supervision to each piece of baggage by wire or cord and the baggage placed in the custody of the carrier. The special green manifest shall be in substantially the following form:

UNITED STATES CUSTOMS
SPECIAL BAGGAGE MANIFEST

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33-583-65-11

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(c) One copy of this manifest shall be given to the railroad employee in charge of the baggage for delivery by him to the customs officer at the port of first arrival in the United States.

(d) In lieu of the procedure set forth in paragraphs (a) and (b) of this section, sticker labels other than official baggage stamps may be affixed to baggage examined and passed in foreign territory if the baggage is to be released in the United States by the same officer who examined and passed it in the foreign country. Such sticker labels shall bear suitable wording showing that the baggage has been passed by the United States customs.

(e) The removal of the special tag manifest or the customs car or compartment seal described in paragraphs (a) and (b) of this section may be done only by a customs officer. The tag manifest or any customs seal on the car or compartment shall be removed by the customs officer who boards the train at the port of first arrival in the United States. If the officer finds the special tag manifest, sticker label, or customs car or compartment seal missing or not intact (except as provided for in § 18.3(c) of this chapter), or for any other reason believes that the baggage has been tampered with en route to the United States, he shall detain it for examination.

(f) If the baggage is to re-enter contiguous foreign territory before it reaches the final port of entry into the United States, the tag manifest or the seal or seals shall be removed by the customs officer at the first port of entry in the United States after the last transit through foreign territory.

(g) No baggage containing dutiable merchandise in excess of that on which an exemption may be allowed shall be passed in foreign territory.

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

Merchandise arriving from a contiguous foreign country, which is not to be unladen at the port of first arrival, may be transported to destination in sealed vessels or vehicles without inspection at the port of first arrival, subject to the conditions set forth in sections 463 and 464, Tariff Act of 1930, and §§ 18.2918.31 of this chapter.

(Sec. 463, 46 Stat. 718; 19 U. S. C. 1463) § 5.7 Supplies on international trains.

(a) Articles subject to internal-revenue tax and other merchandise acquired in a foreign country constituting supplies of dining, observation, or buffet cars attached to international trains passing

"To avoid unnecessary inspection of merchandise imported from a contiguous country at the first port of arrival, the master of the vessel or the person in charge of the vehicle in which such merchandise is imported may apply to the customs officer of the United States stationed in the place from which such merchandise is shipped, and such officer may seal such vessel or vehicle. Any vessel or vehicle so sealed may proceed with such merchandise to the port of destination under such regulations as the Secretary of the Treasury may prescribe." (Tariff Act of 1930, sec. 463: 19 U. S. C. 1463)

"If the master of such vessel or the person in charge of any such vehicle fails to proceed with reasonable promptness to the port of destination and to deliver such vessel or vehicle to the proper officers of the customs, or fails to proceed in accordance with such regulations of the Secretary of the Treasury, or unlades such merchandise or any part thereof at other than such port of destination, or disposes of any such merchandise by sale or otherwise, he shall be guilty of a felony and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than five years, or both; and any such vessel or vehicle, with its contents, shall be subject to forfeiture." (Tariff Act of 1930, sec. 464; 19 U. S. C. 1464)

and repassing the boundary line, f which the train crew elects not to fille a inventory, as provided for in paragrap (b) of this section, shall be subject duty and tax unless locked or sealed in separate compartment or locker up arrival at the frontier port of the Unite States and the lock or seal remains ur broken until the final departure of th train from the United States at th frontier port.

(b) Supplies acquired abroad and n required to have internal-revenue stam affixed thereto before release for cor sumption may be used in the Unite States if covered by an inventory fu nished in duplicate to the proper cu toms officer at the time of arrival in th United States." The correctness of th inventory shall be sworn to by the perso in charge of the railroad car. The in ventory shall consist of an itemized li showing in parallel columns the kind an quantity of each class of supplies o hand in the car upon its arrival in th United States and the quantity used i the United States.

(c) The customs officer shall certif both copies of the inventory, retain th original, and return the other copy t the person in charge of the car.

(d) Upon arrival of the railroad car a the port of exit on its return to the for eign country, the copy of the inventor which was returned by the custom officer at the port of arrival to the perso in charge of the car shall be submitte to the proper customs officer after bein completed by filling in the column show ing the quantity of each item used in th United States and resworn to by th person in charge of the car.

(e) Entries must be filed and appli cable duties and taxes paid at the port o exit on the quantities of inventorie supplies consumed in the United State (f) Supplies purchased in the Unite

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The conductor or person 1 charge of any railway car arriving from contiguous country shall file with the man fest of such car a detailed list of all supplie or other merchandise purchased in such for eign country for use in the United State If any such supplies, merchandise, repair or equipment shall not be reported, the mas ter, conductor, or other person having charg of such vessel or vehicle shall be liable to fine of not less than $100 and not more tha $500, or to imprisonment for not more tha two years. or both." (Tariff Act of 1930. se 465; 19 U. S. C. 1465)

tates shall be passed free of duty withut inventory or entry.

Sec. 465, 46 Stat. 718; 19 U. S. C. 1465) 5.8 Merchandise in transit between

ports in the United States through contiguous foreign territory; proce dure at port of exit or lading on vessel.

10

(a) In accordance with the provisions section 554, Tariff Act of 1930, merhandise may be transported from one ort to another in the United States

rough Canada or Mexico without being abject to treatment as an importation then returned to the United States, upon pmpliance with the regulations in this ection and in §§ 5.9 and 5.10.

b) The merchandise shall be transorted in sealed conveyances or comartments unless (1) it is in less-thanpad or compartment lots, in which case he packages may be forwarded without eing corded and sealed, or (2) it conasts of live animals to be transported in accordance with paragraph (c) of this section, or (3) its treatment in the same manner as less-than-load or compartment lots is authorized by the Bureau. The merchandise shall be covered by manifests conforming to such requirements as to color, size, form, and content as the Commissioner of Customs may specify for particular types of transactions. A separate multiple-copy in-transit manifest (U.S. customs Form 7533-C and Canada Form A42) furnished by the tarrier shall be used on the Canadian border for each carload and less-thancarload shipment. When a rail shipment will enter and reenter Canada in transit na continuing movement that alternately takes it into Canada and the United States while en route to a destipation in the United States, the port of reentry to the United States shown on the in-transit manifest shall be the final port of reentry. In the case of a conveyance other than a railroad car, the Conveyance shall be identified in a suit

"With the consent of the proper authorities, imported merchandise, in bond or dutypaid, and products and manufactures of the United States may be transported from one port to another in the United States through contiguous countries, under such regulations

the Secretary of the Treasury shall prescribe, unless such transportation is in violation of section 4347 of the Revised Statutes, 23 amended, section 27 of the Merchant Marine Act, 1920, or section 588 of this Act." Tariff Act of 1930, sec. 554; 19 U. S. C. 1554)

able manner, as by the name and rig of a vessel, in the place provided for car number and initials, and the certificate on the in-transit manifest shall be modified appropriately. The collector may require that the carrier execute the certificate on the U.S. Customs In-Transit Manifest as an alternative to certification of the form by a customs officer. In such a case, if the merchandise is forwarded without being under customs Tyden seals, the agent of the carrier shall carefully examine the packages covered by the in-transit manifests to satisfy himself that the merchandise agrees with the manifests as to quantity and description.

(c) Live animals which can be identified by specific description in the manifest may be transported in the care of an attendant or customs inspector at the expense of the parties in interest in conveyances or compartments not secured with customs seals.

(d) The information contained in the in-transit manifest shall correspond with the information contained in the waybill accompanying the conveyance.

(e) Each manifest shall be presented by the carrier to the customs officer at the port of exit of the conveyance or at the port of lading of the vessel, as the case may be. An extra copy of the manifest may be required to be furnished for use as a record of the transaction at such port, provided it serves an essential administrative purpose. When the merchandise is to be transshipped under customs supervision in foreign territory, an additional copy of the manifest shall be so presented by the carrier for each place of transshipment. In the case of mixed ladings, that is, ladings made up of several shipments, which are to go forward in a conveyance or compartment sealed with customs seals, the description shall be "miscellaneous shipments."

(f) Before the departure from the United States of an in-transit railroad train, the carrier concerned shall furnish to the customs inspector at the port of exit a train sheet, otherwise known as a consist, bridge sheet, or trip sheet, listing each car of the train and specifically indicating the in-transit cars.

(g) It shall be the duty of the carrier to affix blue in-transit seals to all openings of conveyances and compartments containing in-transit merchandise, except that on the Canadian border yellow in-transit seals shall be affixed to sealable carload or truckload shipments of

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