in-transit merchandise, whether or not the cars or trucks are already sealed with United States customs red inbond seals, and except that in all other instances conveyances or compartments already secured by United States customs red in-bond seals may go forward without having blue or yellow intransit seals affixed thereto and without in-transit manifests. The collector may relieve the carrier of the responsibility of affixing in-transit seals by notifying it in writing that customs inspectors will assume it. The conveyance shall not proceed until after the customs inspector has finished the inspection and certified the in-transit manifest or verified its certification in accordance with paragraph (b) of this section.

(h) The original manifest shall accompany the merchandise and the additional copies required under paragraph (e) of this section when transshipment under customs supervision is involved shall be mailed to the customs officers stationed at the places of transshipment. When by reason of the carrier's schedule or other condition it is probable that the additional copy of the manifest if sent by mail will not reach the customs officer at the place of transshipment prior to the arrival of the merchandise, it may be given to the conductor, master, aircraft commander, or driver, as the case may be, in a sealed envelope for delivery to such customs officer.

(Secs. 624, 554, 46 Stat. 743, 759; 19 U.S.C. 1554, 1624) [28 F.R. 14620, Dec. 31, 1963, as amended by T.D. 56235, 29 F.R. 11497, Aug. 11, 1964]

§ 5.9

Transshipment; storage; feeding and watering livestock in Canada. (a) Merchandise in transit may be transshipped in foreign territory from one conveyance to another. If the transshipment requires the breaking of customs Tyden seals, it shall be under the supervision of a customs officer, who shall also supervise the sealing of the conveyance or compartments to which the merchandise is transshipped, note his action on both the additional copy of the manifest received by him in accordance with 5.8(h) and on the conductor's, master's, aircraft commander's, driver's copy, and return the latter to the conductor, master, aircraft commander, or driver to accompany the merchandise.

or

(b) When the transshipment involves the breaking up of the in-transit contents of a conveyance or compartment,

and the circumstances are such as require separate manifests for artic previously covered by a single manife the customs officer supervising the tra shipment shall take up the carrier's co of the manifest and require the carr to prepare a new manifest, in duplica for each conveyance to which the m chandise is transshipped. If there is be a further transshipment, an a ditional copy of each new manifest sh be presented by the carrier for maili by the customs officer to the customs ficer at the point of further transshi ment, or be forwarded in a sealed e velope in care of the conductor, mast aircraft commander, or driver as pr vided for in § 5.8(h). After supervisi the transshipment and sealing of t conveyances or compartments to whi the merchandise is transshipped, a certifying the new manifests, the cu toms officer shall return the origina of such new manifests to the carrier accompany the merchandise to the po of reentry into the United States.

(c) Live animals in sealed conve ances or compartments may be fed an watered in Canada under the superv sion of United States or Canadian cus toms officers.

(d) When merchandise moving unde in-transit manifests and customs Tyde seals is to be stored in foreign territor awaiting transshipment, the customs of ficer at the place of transshipment sha check the merchandise into a store house, where it shall remain under cu toms locks or seals until transshipme is effected under customs supervision. (Sec. 554, 46 Stat. 743; 19 U.S.C. 1554) § 5.10

Diversion or delay in foreign te ritory; procedure and treatment port of reentry or discharge fro vessel.

(a) In cases where in-transit cars a diverted, cut out of a train for any re son, or unusually delayed, the railroa superintendent at the point of such version, cut-out, or delay shall immed ately notify the proper customs officer the port of reentry by telegraph.

(b) When customs entry is made Canada or Mexico for merchandi which left the United States is in an in transit status, the carrier shall send th in-transit seals and manifests to th ports where the manifests were first file with customs, with an endorsement b the carriers' agent on each manife

howing that the merchandise was so atered.

(c) On arrival of an in-transit shipent the following procedure shall be llowed:

(1) At the first port in the United ates after transportation through forEn territory, the carrier shall present the customs officer for each loaded nveyance the accompanying manifest manifests described in § 5.8 and § 5.9; d in the case of a railroad train the Inductor shall also present a train sheet owing the car initials and the car numrs. In the case of mixed ladings under 3.8(e), the waybills shall be available the port of return or discharge for use customs officers for necessary checkpurposes.

(2) Upon arrival at an intermediate rt of reentry, or exit, a rail shipment hich has transited Canada and is deshed for further in-transit movement rough Canada may be permitted to go rward upon verification by the collector the intermediate port that the accomanying in-transit manifest properly dentifies the shipment. After satisfacory identification of the shipment, the -transit manifest shall be returned to the carrier for further use. When the shipment arrives at the final port of rentry in the United States, the manifest hall be surrendered with the train sheet the customs officer at that port for jecking and filing.

(d) Upon the arrival at a port of enof a vessel carrying in-transit merandise, the master's copies of the inansit or in-bond manifests covering e merchandise given final customs rese at that port shall be retained by stoms at that port and the manifests, any, covering merchandise to be dis

E arged at subsequent ports of arrival

all be returned to the master of the ssel for surrender to customs at the at port, and so on as the vessel proeds from port to port.

e) In-bond seals shall be broken ly by a customs officer or by a person ng under the direction of a cusns officer. In-transit seals may be Boken by any carrier's employee, or by consignee at any time or place after merchandise under such seals has en released by customs upon return the United States.

f) Merchandise which shall have en transshipped in foreign territory thout customs supervision when the nsshipment required the breaking of

customs Tyden seals shall, upon return to the United States, be treated in the same manner as other merchandise arriving from Canada or Mexico, as the case may be. Similar treatment shall be accorded the merchandise in any other case if the inspector finds any of the customs seals applied to the conveyance or compartment at the port of exit are unlocked or missing. If any instances of substitution of merchandise are found, the merchandise shall be detained and the facts reported to the Bureau.

(g) No in-transit merchandise arriving at ports in the United States shall be released until proper manifests are received, except that it may be treated as originating in Canada or Mexico, as the case may be.

(h) No inward foreign manifests are required for merchandise returned to the United States as an in-transit movement under the regulations in this part. (Sec. 554, 46 Stat. 743; 19 U.S.C. 1554) [28 F.R. 14620, Dec. 30, 1963, as amended by T.D. 56235, 29 F.R. 11497, Aug. 11, 1964]

§ 5.11

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

(a) Subject to the applicable provisions of paragraphs (b) and (c) of this section, whenever merchandise (including baggage) arrives at a frontier port from Mexico or Canada in transit through the United States to the same country from which it arrived, the same procedure shall be followed as that prescribed for merchandise in transit through the United States to other foreign countries (§§ 18.14 and 18.20-18.24 of this chapter), except that (1) only four copies of customs Form 7512 or 7520 shall be required, (2) when the route is such that the train and cars will remain intact while proceeding through the United States, a consolidated train manifest containing the same information as is required on customs Form 7512 or 7520 may be used, and (3) a joint United States-Canada in-transit baggage card (United States customs Form 7524, Canada customs Form A-21) shall be used in lieu of the baggage card described in § 18.13 of this chapter for baggage arriving at a frontier port from Canada. One copy of customs Form 7512 or 7520 shall be delivered to the conductor, master, or person in charge to accompany the conveyance and be delivered to the collector at

destination for his record. When baggage arrives at a Canadian frontier port for in-transit movement through the United States in bond and return to Canada, the joint United States-Canada in-transit baggage card will be filled out and securely attached to the baggage and the attachment verified by a Canadian customs officer before the baggage leaves Canada. No other in-transit baggage card shall be required to be attached to the baggage before its movement in bond through the United States, provided the in-transit baggage card placed on the baggage in Canada is found properly prepared and attached.

(b) When sealable carload or truckload shipments of merchandise arrive at Canadian frontier ports for in-transit movement through the United States in bond and return to Canada, bright green intransit seals will be placed on the cars or trucks and the sealing thereof verified by Canadian customs officers before the cars or trucks depart from Canada. No other in-transit seals shall be required to be placed on such cars or trucks before their movement in bond through the United States provided the seals placed on the cars or trucks in Canada are found to be locked and properly attached. In-transit manifest forms of the kind referred to in § 5.8 (b) may be used in lieu of customs Form 7512 or 7520, as the case may be, for such sealed carload shipments of in-transit merchandise. In-transit manifest forms so used in lieu of customs Form 7512 or 7520 shall be serially numbered in a separate series of numbers.

(c) A commercial traveler arriving at a Canadian frontier port with his samples which are to be transported in his own automobile through the United States to another port in Canada without being displayed in the United States, may present the samples, if the cuter containers can be effectively sealed, to a Canadian customs officer at the port of departure from Canada for cording and sealing with uncolored automatic metal in-transit seals. As a condition for such cording and sealing, the traveler will be required to furnish to the Canadian customs officer a list, in duplicate, of all the articles in the containers with the approximate values of the articles shown. Such list will bear the traveler's name and address. Upon the arrival of the commercial traveler in the United States with his samples effec

tively corded and sealed as set for above, and upon presentation to United States customs officer of the or inal list of samples properly authen cated by the Canadian customs offic the samples may be transported throu the United States without disturbing cords and seals and without further se ing of the samples in the United Stat Bonded common carrier facilities are considered to be reasonably available a commercial traveler under the ab described circumstances and, therefo he may be permitted to transport samples in his own automobile, subj to the conditions of § 18.20 (b) of t chapter. The traveler shall be requir to execute and file customs Form 75 in triplicate, at the port of his arri in the United States as an in-tran manifest covering the movement to port of exit from the United States any portion of his samples which is released from customs custody paring customs Form 7520 for comme cial travelers' samples, description quantities, and values may be show thereon by merely noting "Commerci Samples", the number of the corded a sealed containers, and the approxima total value of the samples.

In pl

(d) When all the merchandise arri ing on one vehicle is to move in trans through the United States in the impor ing vehicle in a continuing moveme the copy of customs Form 7512 to be r tained at the port of first arrival may prepared to permit its use as a co bined inward foreign and in-bond ma fest. When customs Form 7512 is to used in this manner, the foreign port lading shall be shown and a certific in the following form shall be execut by the person in charge of the vehic

I, the undersigned, certify that this trai portation entry and manifest contains, the best of my knowledge and belief, aj and true account of all the goods, wares, a merchandise, including packages of ev kind and nature whatsoever, which cons tuted the lading of the vehicle named her when it first arrived within the limits of United States, and that I have been, si the arrival of the said vehicle within 1 United States, the person in charge of s vehicle and that no packages whatsoever, t any goods, wares, or merchandise, have be in any way removed from said vehicle str its arrival within the United States.

And I further certify that, if I shall he after discover or know of any error, discre ancy, or omission in this entry and manife I will immediately and without delay ma

(a) Foreign locomotives or other forign railroad equipment in use on a connuous route crossing the boundary into --he United States shall be admitted ithout entry or the payment of duty to roceed to and return from the end of he run; that is, in the case of locomoives, the last place to which the locomotive takes the inbound train by a ontinuous haul, and, in the case of other equipment, the place of complete unloading. Unless formally entered and cleared through customs in the United States, such locomotives or other equipment shall not be used on the inward trip otherwise than in connection with the continuous run, which includes switching of cars of a train that it has hauled into the United States. On the return trip, the locomotives may be used only in connection with through trains grossing the boundary, including the Switching to make up such trains, but the other equipment may be used in such trains or for such local traffic as is easonably incidental to its economical and prompt return to the country from which it entered the United States. Empty foreign railroad cars shall enter he United States without formal entry o be loaded only if the passengers or joods are to be transported directly to Or through the country from which the ars entered the United States. Customs fficers shall seize any locomotive or ther railroad equipment used in violaion of this regulation as being imported ontrary to law.

"(a) Vehicles and other instruments of nternational traffic, of any class specified by be Secretary of the Treasury, shall be granted the customary exceptions from the Application of the customs laws to such extent and subject to such terms and condions as may be prescribed in regulations or nstructions of the Secretary of the Treasry." (Tariff Act of 1930, sec. 322(a), as mended; 19 U.S.C. 1322(a))

(b) Domestic locomotives or other domestic railroad equipment," upon which repairs have been made in a foreign country shall be subject, upon reentry into the United States, to a duty upon the value of the repairs at the rate at which the locomotive or other equipment would be dutiable if imported, but no such duty shall be assessed by reason of repairs required to restore any such article to the condition in which it last left the United States. A report of the first arrival in the United States of such equipment after it has been repaired in a foreign country shall be made promptly, in writing, to the United States Customs at the port of entry, such report to state the time and place of arrival.

(Sec. 14, 67 Stat. 516; 19 U. S. C. 1822)

§ 5.13

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

Collectors of customs shall admit from Mexico, under the provisions of Executive Order 7965, dated August 29, 1938, 3 CFR, 1943 Cum. Supp., without entry and without the payment of duty, alleged stolen or embezzled motor vehicles, trailers, airplanes, or component parts of any of them, if accompanied by a letter from the United States Embassy in Mexico City stating that such Embassy is satisfied from information furnished it that the property, which must be adequately described in the letter for identification purposes, is stolen property being returned to the United States under the provisions of the convention between the United States and Mexico concluded October 6, 1936. § 5.15 Buildings on boundary; chandise deposited therein.

mer

When any merchandise on which the duty has not been paid or which was imported contrary to law is found in any building upon or within 10 feet of the boundary line between the United States and any foreign country, such merchandise shall be seized and the building or

"For the purpose of this section, locumotives or other railroad equipment manufactured in, or regularly imported into, the United States, and not subsequently cleared through foreign customs into another country, nor used in foreign local traffic otherwise than as an incident of the return of the equipment to the United States, shall be considered "domestic." Other railroad equipment shall be considered "foreign."

13 "If any collector of customs or other officer or person authorized to make searches and seizures shall have cause to suspect the presence in any dwelling house, store, or other building or place of any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States contrary to law, he may make application, under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any United States commissioner, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise: Provided, That if any such house, store, or other building, or place in which such merchandise shall be found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken down or removed." (Tariff Act of 1930, sec. 595 (a); 19 U.S.C. 1595 (a))

"Whoever receives or deposits any merchandise in any building upon the boundary line between the United States and any foreign country, or carries any merchandise through the same, in violation of law, shall be fined not more than $5,000 or imprisoned not more than two years, or both." (18 U.S.C. 547)

Sec.

6.22 Transportation of transit air cargo t an interior port of destination 6.23 Transportation of transit air cargo t another port for exportation. 6.24 Exportation of transit air cargo at por of arrival.

AUTHORITY: The provisions of this Part issued under R.S. 161, as amended, 251, se 624, 46 Stat. 759, secs. 904, 1109, 72 Stat. 787 799, as amended, sec. 101, 76 Stat. 72; 5 U.S.C 22, 19 U.S.C. 66, 1624, 49 U.S.C. 1474, 150 Gen. Hdnote. 11, Tariff Schedules of th United States, except as otherwise noted.

SOURCE: The provisions of this Part 6 ap pear at 28 F.R. 14626, Dec. 31, 1963, unles otherwise noted.

CROSS REFERENCE: For Air Commerce Reg ulations issued by the Surgeon General d the Public Health Service, Department of Health, Education, and Welfare see 42 CFE 71.501 to 71.506.

§ 6.1 Scope and definitions.

(a) The regulations in this part shal not be applicable in the islands of Guam Midway, American Samoa, Wake, King man Reef, and Johnston Island, the Virgin Islands and other insular posses sions not specified herein.

(b) The term "United States" when used in a geographical sense means the territory comprising the several States Territories, possessions, and the District of Columbia, including the territoria waters thereof and the overlying a space, but shall not include the Cana Zone.

(c) The term "area" shall mean eithe one of the following:

(1) The States and the District of Columbia,

(2) Puerto Rico.

(d) The term "aircraft" means civi aircraft, that is, any aircraft not used exclusively in the governmental service of the United States or a foreign country and includes any government-owned aircraft engaged in carrying persons of property for commercial purposes.

(e) The term "aircraft commander means the person serving on the air craft having charge or command of it operatior and navigation.

(f) The term "scheduled airline means any individual, partnership, cor poration, or association engaged in ai transportation upon regular schedules to, over, or away from the United States or from area to area, and holding a For eign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board