(1) 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 F.R. 14596, Dec. 31, 1963, as amended by T.D. 56251, 29 F.R. 12627, Sept. 5, 1964; T.D. 56340, 30 F.R. 574, Jan. 16, 1965]

5.4

5.5

6.6

6.7 6.8

5.9

license; repairs and equipment; sea and saloon stores and supplies. Inspection of baggage from contiguous foreign country.

Examination of baggage in foreign territory.

Merchandise arriving from a contigu

ous 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. 5.11 Merchandise in transit through the United States between ports of Canada or Mexico; procedure. Locomotives; railroad equipment; when entry required.

5.12

8.13 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 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 filled 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

1 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.

"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)

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 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 enter

ing 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 manifest and in-bond transportation or direct exportation entry. When Cus

toms Form 7512 is to be so used, the foreign port of lading and the name of the shipper shall be shown thereon in every case and a certificate in the following form shall be executed by the master of the vessel or the person in charge of the vehicle:

This entry correctly covers all the merchandise on the vessel or vehicle, of which I am the master or person in charge, when it first arrived in the United States. If any error in the quantity, kind of articles, or other details, is discovered, I will immediately report the correct information to the collector of customs.

The above prescribed form of certificate may be legibly stamped on the form or on a separate paper securely attached thereto.

(d) The penalty of $100 for failure to report and the penalty of $100 for proceeding inland without a permit, imposed by section 460, Tariff Act of 1930, as amended,' apply in every case where

"The master of any vessel or the person in charge of any vehicle who fails to report arrival in the United States as required by the preceding section, or if so reporting proceeds further inland without a permit from the proper customs officer, shall be subject to a penalty of $100 for each offense. If any merchandise is imported or brought into the United States in any vessel or vehicle, or by any person otherwise than in a vessel or vehicle, from a contiguous country, which vessel, vehicle, or merchandise is not so reported to the proper customs officers; or if the master of such vessel or the person in charge of such vehicle fails to file a manifest for the merchandise carried therein, or discharges or lands such merchandise without a permit; such merchandise and the vessel or vehicle, if any, in which it was imported or brought into the United States shall be subject to forfeiture; and the master of such vessel or the person in charge of such vehicle, or the person importing or bringing in

a vehicle is involved whether or not the vehicle is carrying merchandise, passengers, 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

merchandise otherwise than in a vessel or vehicle, shall, in addition to any other penalty, be liable to a penalty equal to the value of the merchandise which was not reported, or not included in the manifest, or which was discharged or landed without a permit. If any vessel or vehicle not so reported carries any passenger; or if any passenger is discharged or landed from any such vessel or vehicle before it is so reported, or after such report but without a permit; the master of the vessel or the person in charge of the vehicle shall, in addition to any other penalty, be liable to a penalty of $500 for each passenger so carried, discharged, or landed." (Tariff Act of 1930, sec. 460, as amended; 19 U.S.C. 1460)

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.

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 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)

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 shall be made on customs Form 3415. Equipment purchased and repairs made in a foreign country are subject to duty, but such duty may be remitted under certain conditions. (See §§ 4.7(b) (2) and 4.14 of this chapter.)

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

(c) Supplies listed as "saloon stores," intended for sale on board the vessel, are dutiable and shall be entered as merchandise.

(Sec. 465, 46 Stat. 718; 19 U. S. C. 1465) § 5.4 Inspection of baggage from contiguous foreign country.

Customs officers shall not open baggage for the purpose of making the inspection required by section 461, Tariff Act of 1930, but shall detain such bag

4 "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 8500, or to imprisonment for not more than two years, or both." (Tariff Act of 1930, sec. 465; 19 U. S. C. 1465)

"All merchandise and baggage imported or brought in from any contiguous country, except as otherwise provided by law or by regulations of the Secretary of the Treasury, shall be unladen in the presence of and be inspected by a customs officer at the first port of entry at which the same shall arrive; and such officer may require the owner, or his agent, or other person having charge or possession of any trunk, traveling bag, sack, valise, or other container or of any closed vehicle, to open the same for inspection, or to furnish a key or other means for opening the same." (Tariff Act of 1930, sec. 461; 19 U. S. C. 1461)

gage until its owner or his agent opens or refuses to open it. If the owner or his agent refuses to open the baggage, it shall be opened and examined in accordance with the provisions of section 462, Tariff Act of 1930, unless a request is received from the owner or his agent to make other proper disposition thereof." Customs officers shall not unlock a vehicle 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 stationed in foreign territory for that purpose may examine baggage being forwarded under baggage check, by express 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, except 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 21⁄2 by 41⁄2 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

"If such owner, agent, or other person shall fail to comply with his demand, the officer shall retain such trunk, traveling bag, sack, valise, or other container or closed vehicle, and open the same, and, as soon thereafter as may be practicable, examine the contents, and if any article subject to duty or any article the importation of which is prohibited is found therein, the whole contents and the container or vehicle shall be subject to forfeiture." (Tariff Act of 1930, sec. 462; 19 U.S.C. 1462)

'For procedure relative to the examination of uninspected baggage, form of declaration, exemption, and forwarding baggage in bond, see §§ 10.16-10.30 of this chapter.

(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)

"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