67

(a) If an emergency exists at the port of destination and authority under section 449, Tariff Act of 1930, is desired for a collector to permit a vessel which has entered with imported merchandise or baggage shown by the manifest to be destined to his port to proceed to another port of entry in accordance with the residue-cargo bond procedure, the owner or the agent of the vessel shall make written application for such authorization stating the reasons and agreeing to hold the collector and the Government harmless for such diversion.

(b) Merchandise and baggage unladen at the second port under these circumstances may be (1) entered in the same manner as other imported merchandise and baggage, (2) treated as unclaimed, or (3) reladen without entry for transportation to its original destination.

(c) The inward foreign manifest of a vessel may be changed at any time following entry of the vessel to substitute domestic ports for either other domestic or foreign ports as ports of discharge of the merchandise shown on the inward foreign manifest. A written application for the diversion shall be made by the master, owner, or agent of the vessel to the collector of the port where the vessel is located, after entry of the vessel at that port. An amended manifest under oath covering the merchandise which it is desired to divert shall be furnished in support of the application. The amended manifest shall be

"Except as provided in sections 442 and 447 of this Act (relating to residue cargo and to bulk cargo, respectively), merchandise and baggage imported in any vessel by sea shall be unladen at the port of entry to which such vessel is destined, unless (1) such vessel is compelled by any cause to put into another port of entry, and the collector of such port issues a permit for the unlading of such merchandise or baggage, or (2) the Secretary of the Treasury, because of an emergency existing at the port of destination, authorizes such vessel to proceed to another port of entry. Merchandise and baggage so unladen may be entered in the same manner as other imported merchandise or baggage and may be treated as unclaimed merchandise or baggage and stored at the expense and risk of the owner thereof, or may be reladen without entry upon the vessel from which it was unladen for transportation to its destination." (Tariff Act of 1930, sec. 449; 19 U. S. C. 1449)

filed in such number of copies as the collector may require for local customs purposes. The certified traveling manifest shall not be altered or added to in any way by the master or agent. When an application to divert to another port for discharge is approved by a collector for an intermediate port, he shall securely attach an approved copy of the application and a copy of the amended manifest to the traveling manifest and shall send one copy of the amended manifest to the collector at the port where the vessel's bond was filed.

(d) If, as the result of a strike or other emergency at a United States port for which inward foreign cargo is manifested, it is desired to retain the cargo on board the vessel for discharge at a foreign port but with the purpose of having the goods returned to the United States, an application to amend the vessel's manifest under a procedure like that described in paragraph (c) of this section, except to substitute a foreign for the domestic port named as the port of discharge, may be made by the master, owner, or agent of the vessel. If the application is approved, it shall thereafter be handled in the same manner as an application filed under paragraph (c) of this section. However, before approving the application, the collector is authorized to require such bond as he deems necessary to insure that export control laws and regulations are not circumvented.

(Sec. 449, 46 Stat. 714; 19 U.S.C. 1449)

§ 4.34

Prematurely discharged, over carried, and undelivered cargo.

(a) On written application of the owner or agent of a vessel, the collector may permit inward foreign cargo remaining on the dock, which was prematurely landed and left behind by the importing vessel, to be reladen on board the next available vessel of the same line on which it may be forwarded to the destination shown on the inward foreign manifest of the first vessel, provided the importing vessel actually entered the port of destination of the prematurely landed cargo. Unless so forwarded within 30 days from the date of landing, such cargo shall be appropriately entered for customs clearance or for forwarding in bond; otherwise, it shall be sent to general order as unclaimed.

(b) The collector may permit merchandise not landed at destination and

overcarried to another domestic port through error or on account of an emergency to be returned in the importing vessel, or in another vessel of the same line, to the destination shown on the inward foreign manifest of the importing vessel, provided that vessel actually entered the port of such destination."TMa

(c) Cargo so stowed as to be inaccessible upon arrival at destination may be retained on board, carried forward to another domestic port or ports, and returned to the port of destination in the importing vessel or in another vessel of the same line in the same manner as other overcarried cargo.

(d) When it is desired that prematurely landed or overcarried cargo be forwarded to destination by the importing vessel or by another vessel of the same line in accordance with paragraph (a), (b), or (c) of this section, an application therefor shall be filed with the local collector by the owner or agent of the vessel. Such application shall be supported by a manifest of the cargo in such number of copies as the collector may require under a residue cargo procedure as hereinafter described. Whenever practicable, the application shall be made on the face of the manifest below the description of the merchandise, if there is sufficient space therefor. The manifest shall specify the vessel on which the cargo was imported even though the forwarding to destination is by another vessel of the same line. The application shall be stamped and signed to show its approval.

(e) One copy of the manifest shall be certified by customs for use as a separate traveling manifest for the prematurely landed or overcarried cargo being forwarded as residue cargo, whether or not the forwarding vessel is also carrying other residue cargo. If application for forwarding to destination is made on the manifest, the new substitute traveling manifest shall be stamped to show the approval of the application thereon or if the application is on a separate document a copy thereof stamped to show

67a See § 8.4 (h) of this chapter for the conditions under which such merchandise and goods removed from a port of intended entry under these or certain other circumstances may subsequently be cleared under a consumption entry which had been filed there for before the merchandise was removed from the port of intended entry.

its approval shall be attached to the sub stitute traveling manifest. A separate certificate on customs Form 3221 shal be attached to each such traveling manifest. 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.

Form

(f) A certificate (Customs 3221) signed by the collector and bear ing notations suitably identifying the cargo as prematurely landed or over carried cargo shall be attached to the substitute traveling manifest. The Form 3221 shall state the ports of departure and dates of sailing of the importing vessel. The permit to proceed, custom Form 1385, issued to the vessel transporting to destination the prematurely landed or overcarried cargo shall make reference to the nature of such cargo identifying it with the importing vessel

(g) A vessel with such prematurely landed or overcarried cargo on board shall comply upon arrival at each intermediate port and at destination with all the requirements of this part relating to foreign residue cargo for domestic ports. When such prematurely landed or overcarried cargo arrives at the port of destination under an approved application and substitute traveling manifest, the collector shall check to see whether the cargo covered by the application and substitute traveling manifest was included in the manifest filed on the original entry of the importing vessel at the first port of entry in the United States to determine whether a post entry to the original manifest is required. The substitute traveling manifest, carried forward from port to port by the oncarrying vessel, shall be finally surrendered at the port where the last portion of the prematurely landed or overcarried cargo is discharged.

(h) Merchandise shipped from a domestic port, but undelivered at the foreign destination and brought back, shall be manifested as "Undelivered-To be returned to original foreign destination," if such return is intended. The collector may issue a permit to retain such merchandise on board, or he may, upon written application of the steamship company issue a permit on customs Form 7500-A allowing such merchandise to be transferred to another vessel for return to the original foreign destination. No

arge shall be made against the vessel ad. The items shall be remanifested ward and an explanatory reference the attending circumstances and comance with export requirements noted. 1.35 Unlading outside port of entry.

(a) Upon written application from the terested party, the collector of customs ncerned, if he considers it necessary, ay permit any vessel laden with merandise in bulk to proceed, after entry, any place outside the port where the ssel entered which such collector may signate for the purpose of unlading Ich cargo.6

(b) In such case a deposit of a sum fficient to reimburse the Government r the compensation, travel, and substence expenses of the officers detailed › supervise the unlading and delivery the cargo may be required by the colctor.

Sec. 447, 46 Stat. 714; 19 U.S.C. 1447) 4.36

Delayed discharge of cargo.

(a) When pursuant to section 457, ariff Act of 1930, customs officers are laced on a vessel which has retained nerchandise on board more than 25 days after the date of the vessel's arrival, heir compensation and subsistence ex

es "It shall be unlawful

to un

ade the cargo or any part thereof of any vesel elsewhere than at a port of entry: Proided, That any vessel laden with nerchandise in bulk may proceed after entry of such vessel to any place designated by the Secretary of the Treasury for the purpose of unlading such cargo, under the supervision of customs officers if the collector shall consider the same necessary, and in such case the compensation and expenses of such officers shall be reimbursed to the Government by the party in interest." (Tariff Act of 1930, sec. 447; 19 U. S. C. 1447)

" "Whenever any merchandise remains on board any vessel or vehicle from a foreign port more than twenty-five days after the date on which report of said vessel or vehicle was made, the collector may take possession of such merchandise and cause the same to be unladen at the expense and risk of the owners thereof, or may place one or more inspectors or other customs officers on board of said vessel or vehicle to protect the revenue. The compensation and expenses of any such inspector or customs officer for subsistence while on board of such vessel or vehicle shall be reimbursed to the Government by the owner or master of such vessel or vehicle." (Tariff Act of 1930, sec. 457; 19 U. S. C. 1457)

(c) When a cargo within the purview of the proviso to the first subdivision of section 431, Tariff Act of 1930 " is manifested "for orders" upon the arrival of the vessel, no amendment of the manifest to show another port of discharge shall be permitted after 15 days after the date of the vessel's arrival, except as provided for in § 4.33.

(d) All reimbursements payable in accordance with this section shall be paid or secured to the collector before clearance is granted to the vessel.

(R.S. 4206, secs. 431, 457, 458, 46 Stat. 710, as amended, 716, 717; 19 U.S.C. 1431, 1457, 1458, 46 U.S.C. 100)

TO "The limitation of time for unlading shall not extend to vessels laden exclusively with merchandise in bulk consigned to one consignee and arriving at a port for orders, but if the master of such vessel requests a longer time to discharge its cargo, the compensation of the inspectors or other customs officers whose services are required in connection with the unlading shall, for every day consumed in unlading in excess of twenty-five (25) days from the date of the vessel's entry, be reimbursed by the master or owner of such vessel." (Tariff Act of 1930, sec. 458; 19 U. S. C. 1458)

71 #

the master of any vessel laden exclusively with coal, sugar, salt, nitrates, hides, dyewoods, wool, or other merchandise in bulk consigned to one owner and arriving at a port for orders, may destine such cargo 'for orders,' and within 15 days thereafter. but before the unlading of any part of the cargo such manifest may be amended by the master by designating the port or ports of discharge of such cargo, and in the event of failure to amend the manifest within the time permitted such cargo must be discharged at the port at which the vessel arrived and entered. (Tariff Act

of 1930, sec. 431; 19 U. S. C. 1431)

vessel was entered." At the expiration of such period, any merchandise or baggage so remaining shall be deposited in the public stores or a general-order warehouse, except that, at the written request of the owner, agent, or master of the vessel, filed in duplicate on customs Form 3189, and at the risk of the owner of the vessel, the collector may issue a lay order allowing such merchandise or baggage to remain on the wharf or pier properly protected for a further period, which shall be specified in the order. The application for an initial lay order to allow the merchandise to remain on the wharf or pier beyond the fifth working day may be included, if the collector approves, in the space provided therefor in the application made on customs Form 3171 for a permit to lade or unlade.

(b) All merchandise or baggage unladen from a vessel for which no permit has been received before expiration of the original 5-day period, or extension thereof, shall be sent to the public stores or a general-order warehouse and held as unclaimed at the risk and expense of the consignee or owner."

After the entry, preliminary or otherwise, of any vessel or report of the arrival of any vehicle, the collector may issue a permit to the master of the vessel, or to the person in charge of the vehicle, to unlade merchandise or baggage, but except as provided in subdivision (b) of this section merchandise or baggage so unladen shall be retained at the place of unlading until entry therefor is made and a permit for its delivery granted, and the owners of the vessel or vehicle from which any imported merchandise is unladen prior to entry of such merchandise shall be liable for the payment of the duties accruing on any part thereof that may be removed from the place of unlading without a permit therefor having been issued. Any merchandise or baggage so unladen from any vessel or vehicle for which entry is not made within forty-eight hours exclusive of Sunday and holidays from the time of the enry of the vessel or report of the vehicle, unless a longer time is granted by the collector, as provided in section 484, shall be sent to a bonded warehouse or the public stores and held as unclaimed at the risk and expense of the consignee in the case of merchandise and of the owner in the case of baggage until entry thereof is made." (Tariff Act of 1930, sec. 448 (a); 19 U. S. C. 1448 (a))

78 "Whenever entry of any imported merchandise is not made within the time provided by law or the regulations prescribed by

(c) Merchandise unladen after expiration of the 25-day period F scribed in section 457, Tariff Act of 19 for which no customs permit has b presented to the discharging inspec shall be sent forthwith by the colle to the public stores or a general-or warehouse and stored at the expense risk of the owner of such merchandi (d) Merchandise taken into the today of the collector pursuant to sec 490 (b), Tariff Act of 1930," shall be s to the public stores or a general-01 warehouse after 1 day after the day vessel was entered, to be held there the risk and expense of the owner.

(e) Any merchandise which is ap decrease in weight after importa shall be weighed before it is depos in the public stores or a general-o1 warehouse.

(Secs. 448, 457, 490, 46 Stat. 714, 716, 19 U.S.C. 1448, 1457, 1490)

§ 4.38 Release of cargo.

(a) No imported merchandise shall released from customs custody unti permit to release such merchandise been granted. Such permit shall be sued by the collector only after the m chandise has been entered and, except provided for in § 8.28(c) or § 8.59 of t chapter, the duties thereon, if any, h been estimated and paid.

(b) When packages of merchand bear marks or numbers which differ fr those appearing on the manifest of importing vessel for the same packa and the importer or a receiving bon carrier, with the concurrence of the porting carrier, makes application their release under such marks or nu bers, either for consumption or for tra portation in bond under an entry f

the Secretary of the Treasury, or whene entry of such merchandise is incomplete cause of failure to pay the estimated dut or whenever, in the opinion of the collec entry of such merchandise cannot be m for want of proper documents or other ca or whenever the collector believes that merchandise is not correctly and legally voiced, he shall take the merchandise i his custody and send it to a bonded wa house or public store, to be held at the and expense of the consignee until entry made or completed and the proper docume are produced, or a bond given for their p duction." (Tariff Act of 1930, sec. 490 ( 19 U. S. C. 1490 (a))

74 See footnote 63, § 4.30.

erefor at the port of discharge from e importing vessel, the collector may prove the application upon condition ) that the contents of the packages identified with an invoice or transportion entry as set forth below and (2) at the applicant furnish at his own pense any bonded cartage or lighterage rvice which the granting of the applition may require. The application all be in writing in such number of pies as may be required for local cusms purposes. Before permitting devery of packages under such an applition, the collector shall cause such exmination thereof to be made as will easonably identify the contents with the voice filed with the consumption entry. I the merchandise is entered for transortation in bond without the filing of n invoice, such examination shall be hade as will reasonably identify the conents of the packages with the transortation entry.

Secs. 448, 505, 46 Stat. 714, 732; 19 U.S.C. 448, 1505)

$4.39 Stores and equipment of vessels

and crews' effects; unlading or lading and retention on board.

(a) The provisions of § 4.30 relating to inlading under a permit on customs Form 3171 are applicable to the unlading of articles, other than cargo or baggage, which have been laden on a vessel outside the customs territory of the United States, regardless of the trade in which the vessel may be engaged at the time of unlading, except that such provisions do not apply to such articles which have already been entered.

(b) Any articles other than cargo or baggage landed for delivery for consumption in the United States shall be treated in the same manner as other mported articles." A notation as to the landing of such articles, together with the number of the entry made therefor, shall be made on the vessel's Store list, but such notation shall not Subject the articles to the requirement of being included in a post entry to the manifest.

(c) Bags or dunnage constituting equipment of a vessel may be landed temporarily and reladen on such vessel under customs supervision without entry. (d) Articles claimed to be sea or ships stores which are in excess of the reason

15 See footnote 58, § 4.30.

able requirements of the vessel on which they are found shall be treated as cargo of such vessel.

(e) Under section 446, Tariff Act of 1930, collectors may permit narcotic drugs, except smoking opium, in reasonable quantities and properly listed as medical stores to remain on board vessels if satisfied that such drugs are adequately safeguarded and used only as medical supplies.

(f) Application for permission to transfer bunkers, stores or equipment as provided for in the proviso to section 446, Tariff Act of 1930, shall be made and the permit therefor granted on customs Form 3171.

(Secs. 432, 446, 46 Stat. 710, 713; 19 U.S.C. 1432, 1446)

§ 4.40 Equipment, etc., from wrecked or dismantled vessels.

Ship's or sea stores, supplies, and equipment of a vessel wrecked either in the waters of the United States or outside such waters, on being recovered and brought into a United States port, and like articles landed from a vessel dismantled in a United States port shall be subject to the same customs treatment as would apply if the articles were landed from a vessel arriving in the ordinary course of trade. Parts of the hull and fittings recovered from a vessel which arrived in the United States in the course of navigation and was wrecked in the waters of the United States or was dismantled in this country are free of duties and import taxes, but if such articles are recovered from vessels outside the waters of the United States and brought into a United States port, they shall be treated as imported merchandise.

(Sec. 446, 46 Stat. 713; 19 U.S.C. 1446)

§ 4.41 Cargo of wrecked vessel.

(a) Any cargo landed from a vessel wrecked in the waters of the United States or on the high seas shall be subject at the port of entry to the same entry requirements and privileges as the cargo of a vessel regularly arriving in the foreign trade. In lieu of an inward foreign manifest to cover such cargo, the owner, underwriter (if the merchandise has been abandoned to him), or the salvor of the merchandise shall make written application for permission to enter the wrecked cargo, and any such appli