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SEC. 923. REGISTERED VESSELS MAY TRADE BETWEEN UNITED STATES PORTS AND TOUCH AT FOREIGN PORTS.-Any vessel, on being duly registered in pursuance of the laws of the United States, and subject to all applicable restrictions elsewhere in this Act on engaging in the coastwise trade, may engage in trade between one port in the United States and one or more ports within the same, with the privilege of touching at one or more foreign ports during the voyage, and land and take in thereat merchandise, passengers and their baggage, and letters, and mails. All such vessels shall be furnished, by the [collectors of officers or employees designated by the Secretary for that purpose at the ports at which they shall take in their cargoes in the United States, with certified manifests, setting forth the particulars of the cargoes, the marks, number of packages, by whom shipped, to whom consigned, at what port to be delivered; designating such merchandise as is entitled to drawback, or to the privilege of being placed in warehouse; and the masters of all such vessels shall, on their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the laws providing for the delivery of manifests of cargo and passengers taken on board at such foreign port, and all other laws regulating the report and entry of vessels from foreign ports, and be subject to all the penalties therein prescribed.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 293 (R.S. § 3126; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "and subject to all applicable restrictions elsewhere in this Act on engaging in the coastwise trade," have been inserted after "States" to correct the inference in this section as presently constituted that "Any vessel, on being duly registered *** may engage in trade between one port in the United States and one or more ports within the same;" that is, in the coastwise trade. The restrictions referred to are:

(1) Vessels admitted to registry in pursuance of R.S. § 4132, as amended, 46 U.S.C. 11 (sec. 205(a) (6) of this act), may not (sec. 514 of this act) engage in the coastwise trade;

(2) No vessel, having at any time acquired the right to engage in the coastwise trade, and later sold foreign in whole or in part, or placed under foreign register, shall thereafter engage in the coastwise trade (act July 2, 1935, c. 355, § 1 49 Stat. 442, 46 U.S.C. 883, 1st proviso (sec. 502 of this act);

(3) No vessel of more than 500 gross tons which has acquired the right to engage in the coastwise trade and which has later been rebuilt shall thereafter engage in the coastwise trade unless the entire rebuilding, including the construction of any major components of hull or superstructure, is effected within the United States, its territories (not including trust territories), possessions, or Puerto Rico (act July 14, 1956, c. 600, §§ 1, 2, 70 Stat. 544, 46 U.S.C. 883, 2d proviso (sec. 503 (a) of this act)); and

(4) Vessels owned by a corporation, partnership, or association may now engage in the coastwise trade unless the interest owned by citizens of the United States is 75 percent (act June 5, 1920, c. 250, 27, 41 Stat. 998 (as amended), 46 U.S.C. 883; act Sept. 7, 1916, §§ 1, 2, 39 Stat. 728, 729 (as amended), 46 U.S.C. 801, 802 (sec. 506 of this act)).

The words "officers or employees designated by the Secretary for that purpose at" have been substituted for "collectors of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 924. CARGO FOR DIFFERENT PORTS: MANIFEST AND PERMIT.-Merchandise arriving in any vessel for delivery in different

districts or ports of entry shall be described in the manifest in the order of the districts or ports at or in which the same is to be unladen. Before any vessel arriving in the United States with any such merchandise shall depart from the port of first arrival, the master shall obtain from the [collector] officer or employee designated by the Secretary for that purpose a permit therefor with a certified copy of the vessel's manifest showing the quantities and particulars of the merchandise entered at such port and of that remaining on board.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1443 (June 17, 1930, c. 497, title IV, § 443, 46 Stat. 713; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose" have been substituted in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

Sec. 925. ARRIVAL AT ANOTHER PORT. Within twenty-four hours after the arrival of [such] any vessel described in section 924 of this Act at another port of entry, the master shall report the arrival of his vessel to the collector] officer or employee designated by the Secretary for that purpose at such port and shall produce the permit issued by the [collector] officer or employee designated by the Secretary for that purpose at the port of first arrival, together with the certified copy of his manifest.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1444 (June 17, 1930, c. 497, title IV, § 444, 46 Stat. 713; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "described in section 924 of this Act" have been substituted for "such" to eliminate the ambiguity caused by the lack of an antecedent for "such vessel" in the context.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in two places in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 926. PENALTIES FOR FAILURE TO HAVE PERMIT AND CERTIFIED MANIFEST.-If the master of any [such] vessel described in section 924 of this Act shall proceed to another port or district without having obtained a permit therefor and a certified copy of his manifest, as required by section 924 of this Act, or if he shall fail to produce such permit and certified copy of his manifest to the [collector] officer or employee designated by the Secretary for that purpose at the port of destination, as required by section 925 of this Act, or if he shall proceed to any port not specified in the permit, he shall be liable to a penalty, for each offense, of not more than $500.

NOTE

This section is based on title 19, U.S.C. 1964 ed., § 1445 (June 17, 1930, c. 497, title IV, § 445, 46 Stat. 713; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

71-032-67-14

The words "described in section 924 of this Act" have been substituted for "such to eliminate the ambiguity caused by the lack of an antecedent for "such vessel" in the context.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "as required by section 924 of this Act," and "as required by section 925 of this Act," have been inserted as required in the context of this act.

SEC. 927. FOREIGN VESSELS BOUND COASTWISE: MANIFEST AND PERMIT. The master of every foreign vessel bound from a [district] port or place in the United States to any other [district] port or place within the same, shall[,] in all cases, previous to her departure from such [district] port or place deliver to the [collector of] officer or employee designated by the Secretary for that purpose at such [district] port or place duplicate manifests of the lading on board such vessel, if there be any, or if there be none, he shall declare that such is the case; and to the truth of such manifest or declaration he shall swear, and also obtain a permit from the [collector] said officer or employee authorizing [him] his vessel to proceed to [the place of his] her destination.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 313 (R.S. § 4367; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "port or place" have been substituted for "district" in four places in this section for the reasons stated in the note to section 245 of this act. This interpretation is reflected in §§ 4.85, 4.86, 4.87, 4.89, and 4.90, Customs Regulations (19 CFR 4.85, 4.86, 4.87, 4.89, and 4.90), which require a manifest and permit of foreign vessels proceeding from port to port in the United States notwithstanding that the ports may be in the same customs collection district.

The words "officer or employee designated by the Secretary for that purpose" and "said officer or employee" have been substituted for "collector of" and "collector," respectively, in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

Changes in phraseology have been made as required in the context of this act.

SEC. 928. SAME: DELIVERY OF MANIFEST AND PERMIT.-The master of every foreign vessel, on his arrival [within] at any [district] port or place in the United States from any other [district] port or place within the same shall[,] in all cases, within forty-eight hours after his arrival [,] and previous to the unlading of any goods from on board such vessel, deliver to the [collector of] officer or employee designated by the Secretary for that purpose at the port or place where he may have arrived [,] a manifest of the goods laden on board such vessel, if any there be; or if in ballast only, he shall so [declare,] declare. [he] He shall swear to the truth of such manifest or declaration[] and shall also swear that such manifest contains an account of all the merchandise which was on board such vessel at the time, or has been on board since her departure from the port or place whence she shall be reported last to have [sailed,] sailed. [and he] He shall also deliver to such [collector] officer or employee the permit which was given him [from the collector of the district] at the port or place [from] whence he sailed.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 314 (R.S. § 4368; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

This section has been revised consistent with section 927 of this act and for the reasons stated in the note to section 245 of this act.

The words "officer or employee designated by the Secretary for that purpose" or variations thereof have been substituted for "collector" in three places in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

Other changes in phraseology have been made as required in the context of this act.

SEC. 929. SAME: PENALTIES.-Every master of any foreign vessel who neglects or refuses to comply with any of the requirements of [the two preceding] sections[] 927 and 928 of this Act shall be liable to a penalty of $100. Nothing therein contained shall, however, be construed as affecting the payment of tonnage tax, or any other requirements to which such vessels are subject by law.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 315 (R.S. § 4369; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

Changes have been made in phraseology as required in the context of this act.

SEC. 930. PLACE OF ENTRY AND UNLADING.-(a) Except as otherwise provided in this section, [It] it shall be unlawful to make entry of any vessel or to unlade the cargo or any part thereof of any vessel elsewhere than at a port of entry [:].

(b) [Provided, That upon] Upon good cause therefor being shown, the Secretary [of the Treasury] may permit entry of any vessel to be made at a place other than a port of entry designated by him, under such conditions as he shall prescribe [:].

(c) [And provided further, That any] Any vessel laden with merchandise 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] officer or employee designated by the Secretary for that purpose shall consider the same necessary, ard in such case the compensation and expenses of such officers shall be reimbursed to the Government by the party in interest.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1447 (June 17, 1930, c. 497, title IV, § 447, 46 Stat. 714; 1946 Reorganization Plan No. 3, eff. July 16, 1946, §§ 101-104, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

Changes have been made in arrangement consistent with the context of this act. The words "of the Treasury" following "Secretary" in subsections (b) and (c) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in subsection (c) in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]." Changes have been made in phraseology as required in the context of this act.

SEC. 931. UNLADING PERMITS AND PRELIMINARY ENTRIES.-[(a)] Except as provided in section [441] 910 of this Act (relating to vessels not required to enter), no merchandise, passengers, or baggage shall be unladen from any vessel [or vehicle] arriving from a foreign port or place until entry of such vessel [or report of the arrival of such vehicle has been made and a permit for the unlading of the same issued by the [collector] officer or employee designated by the Secretary for that purpose: Provided, That the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel's manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse, as provided by sections 904 and 907 of this Act, nor from obtaining a permit to unlade. [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 Sundays and holidays from the time of the entry 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.] [(b) The Secretary of the Treasury is authorized to provide by regulations for the issuing of special permits for delivery, prior to formal entry therefor, of perishable articles and other articles, the immediate delivery of which is necessary.]

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1448 (June 17, 1930, c. 497, title IV, § 448, 46 Stat. 714; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

This section is an adaptation of so much of § 448 of the Tariff Act of 1930 as relates to permits for unlading of vessels and the making of preliminary entry by vessels. The remainder of the section, which relates to vehicles, has been omitted as referring to matters beyond the scope of this act.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

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