of which any vessel becomes subject to forfeiture under the provisions of this section shall, in addition to any other penalties provided by law, be liable to imprisonment for not more than two years.

(f) Whenever any part of the cargo or stores of a vessel has been unladen or transshipped because of accident, stress of weather, or other necessity, the master of such vessel and the master of any vessel to which such cargo or stores has been transshipped shall, as soon as possible thereafter, notify the [collector of the district within which] officer or employee designated by the Secretary for that purpose at the port at or nearest which such unlading or transshipment has occurred, or the [collector within the district] such officer or employee at or nearest to the port or place at which such vessel shall first arrive thereafter, and shall furnish proof that such unlading or transshipment was made necessary by accident, stress of weather, or other unavoidable cause, and if [the collector] such officer or employee is satisfied that the unlading or transshipment was in fact due to accident, stress of weather, or other necessity, the penalties described in this section shall not be incurred.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1586 (June 17, 1930, c. 497, title IV, § 586, 46 Stat. 749; Aug. 5, 1935, c. 438, title II, § 205, 49 Stat. 524; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317). The subsections have been rearranged in a more logical sequence, referring first to actions which may be taken farthest out to sea, and thence inward, thus conforming to the arrangement of this chapter.

In subsection (f), the words "officer or employee designated by the Secretary for that purpose at the port at or nearest which such unlading or transshipment has occurred" have been substituted for "collector of the district within which," "such officer or employee at or nearest to the port or place" for "collector within the district," and "such officer or employee" for "the collector," in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "at the port at or nearest which such unlading or transshipment has occurred" have been used in lieu of "the district within which," and "at or nearest to the port or place" in lieu of "within the district," consistent with the administrative construction of "district" in this context as "port" found in section 4.31, Customs Regulations (19 CFR 4.31), which in pertinent part is set forth below for reference:

"4.31 Unlading or transshipment due to casualty.—(a) When any cargo or stores of a vessel have been unladen or transshipped at any place in the United States or its customs waters other than a port of entry because of accident, stress of weather, or other necessity, no penalty shall be imposed under section 453 [Sec. 913 of this Act] or 586(a) [Subsec. (c) of this section], Tariff Act of 1930, if due notice is given to the collector of customs at the port at which the vessel thereafter first arrives and satisfactory proof is submitted to him as provided for in section 586 (f), Tariff Act of 1930, as amended [Subsec. (f) of this section].' Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 904. ENTRY OF AMERICAN VESSELS.-Except as otherwise provided by law, [and under such regulations as the Secretary of the Treasury may prescribe,] the master of [a] an American vessel [of the United States] arriving in the United States shall, within forty-eight hours after its arrival within the limits of any [customs collection] district, make formal entry of the vessel at the customhouse by producing and depositing with the [collector] officer or employee designated by the Secretary for that purpose the vessel's crew list, [its register,] her register or document in lieu thereof, and the

71-032-67-10

clearance [and bills of health] issued to the vessel at the foreign po or ports from which it arrived, together with the original and one cop of the [manifest,] manifest; and he shall make oath that the owne ship of the vessel is as indicated in the register[,] or document lieu [thereof,] thereof; or if any part of such vessel has been sold transferred since the granting of such register or document in lieu therec that such is the case; that no foreign subject or citizen has, to the best his knowledge and belief, any share, by way of trust, confidence, or othe wise, in such vessel; and that the manifest was made out in accordanc with section [431] 913 of this Act.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1434 (June 17, 1930, 497, title IV, § 434, 46 Stat. 711; Aug. 5, 1935, c. 438, title III, § 301, 49 Sta 527; 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 2 1965, 30 F.R. 7035, 79 Stat. 1317); title 46, U.S.C., 1964 ed., § 42 (R.S. § 1473) This section combines act June 17, 1930, c. 497, title IV, § 434, 46 Stat. 711 as amended (19 U.S.C. 1434), and R.S. § 4173 (46 U.S.C. 42). The latter section

is deleted.

The term "American vessel" has been substituted for "vessel of the United States" consistent with section 901 of this act and for the reasons stated in the note thereto. Cf. section 907 of this act and § 4.3(a), Customs Regulations, 19 CFR 4.3(a) which provides:

"(a) Except as specified in section 441, Tariff Act of 1930, as amended R.S. 2792, R.S. 2793, as amended, or as othtrwise specified in these regulations, every American vessel [emphasis supplied] arriving in the United States from a foreign port or place and every foreign vessel arriving at a port in the United States from another such port or place shall make entry at the customhouse within 48 hours after arrival."

The words "and under such regulations as the Secretary of the Treasury may prescribe" have been deleted as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized generally to make such rules and regulations as may be necessary to carry out the provisions of this act. The words "customs collection" have been deleted before "district" as surplusage because "district" is defined as "customs collection district" in section 101 of this act. This change will make it clear that vessels which are undocumented and hence do not qualify as "vessels of the United States," but which are not foreign_vessels for which entry requirements are prescribed in act June 17, 1930, c. 497, title IV, § 435, 46 Stat. 711, 19 U.S.C. 1435 (sec. 907 of this act), are required to make entry when arriving in the United States from a foreign port or place, regardless of their tonnage, unless otherwise exempt from entry, and excepting vessels of less than 5 net tons arriving in the United States from contiguous foreign territory otherwise than by sea. In this connection, note act June 17, 1930, c. 497, title IV, § 459, 46 Stat. 717, as amended, 19 U.S.C. 1459 (subsec. (b) of sec. 901 of this act), as implemented by § 5.1(a), Customs Regulations, 19 CFR 5.1(a), which reads in part:

"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 section 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."

See also the introductory sentence of T.D. 53538, approved February 5, 1954, which reads:

"The following amendments of the Customs Regulations are designed to make uniform and clearer the requirements relating to permits for unlading or lading passengers, baggage, or merchandise from or on vessels of less than 5 net tons arriving in the United States from, or departing to, points in contiguous foreign territory, whether by sea or otherwise, and to make it clear that such vessels which arrive in the United States or depart therefrom by sea are required to make entry or to obtain clearance, as the case may be."

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 foreign

The words "and bills of health" have been deleted as obsolete. quarantine regulations found in subchapter F of part 71 of title 42, Code of Federal Regulations, provide in 42 CFR 71.11 that:

"A vessel or aircraft at any foreign port clearing or departing for any port under the control of the United States shall not be required to obtain or deliver a bill of health."

The clauses "or if any part of such vessel has been sold or transferred since the granting of such register or document in lieu thereof, that such is the case; that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such vessel;" have been taken from R.S. & 4173 (46 U.S.C. 42) and added to the oath, thus permitting the deletion of R.S. § 4173 in its entirety. The text of R.S. § 4173 is set forth below for reference:

"Upon the entry of every vessel of the United States from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owner shall make oath that the register of such vessel contains the name or names of all the persons who are then owners of the vessel; or if any part of such vessel has been sold or transferred since the granting of such register that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such vessel. If the owner or any part owner does not reside at the port at which such vessel enters, the master shall make oath to the like effect. If the owner, or part owner, where there is one, or the master, where there is no owner, refuses so to swear, such vessel shall not be entitled to the privileges of a vessel of the United States."

SEC. 905. DUTY ON EQUIPMENTS OR REPAIRS FOR VESSELS.-The equipments, or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in a foreign country upon a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of 50 per centum on the cost thereof in such foreign country; and if the owner or master of such vessel shall willfully and knowingly neglect or fail to report, make entry, and pay duties as herein required, such vessel, with her tackle, apparel, and furniture, shall be seized and forfeited. For the purposes of this section, compensation paid to members of the regular crew of such vessel in connection with the installation of any such equipments or any part thereof, or the making of repairs, in a foreign country, shall not be included in the cost of such equipment or part thereof, or of such repairs.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 257 (R.S. § 3114; Sept. 21, 1922, c. 356, title IV, § 466, 42 Stat. 957; June 17, 1930, c. 497, title IV, § 466, 46 Stat. 719).

This section is unchanged.

SEC. 906. SAME: REMISSION FOR NECESSARY REPAIRS.-(a) If the owner or master of [such] any vessel described in section 905 of this Act furnishes good and sufficient evidence

(1) [that] That such vessel, while in the regular course of her voyage, was compelled, by stress of weather or other casualty, to put into such foreign port and purchase such equipments, or make such repairs, to secure the safety and seaworthiness of the vessel to enable her to reach her destination; or

(2) [that] That such equipments or parts thereof, or repair parts or materials, were manufactured or produced in the United States, and the labor necessary to install such equipments or to make such repairs was performed by residents of the United States, or by members of the regular crew of such vessel; or

(3) That such equipments, or parts thereof, or materials, or labor, were used as dunnage for cargo, or for the packing or shoring thereof, or in the erection of temporary bulkheads or other similar devices for the control of bulk cargo, or in the preparation (without permanent repair or alteration) of tanks for the carriage of liquid cargo; then the Secretary [of the Treasury is authorized to remit or refund such duties, and such vessel shall not be liable to forfeiture [,].

(b) [and no] No license or enrollment and license, or renewal of either, shall be issued to any such vessel until the [collector] officer or employee designated by the Secretary for that purpose to whom application is made for the same shall be satisfied, from the oath of the owner or master, that all such equipments or parts thereof or materials and repairs made within the year immediately preceding such application have been duly accounted for under the provisions of subsection (a) of this section and [the preceding sections, section 904 of this Act and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 258 (R.S. § 3115; Sept. 21, 1922, c. 356, title IV, § 466, 42 Stat. 957; June 17, 1930, c. 497, title IV, § 466, 46 Stat. 719; Aug. 8, 1953, c. 397, § 11(c), 67 Stat. 515); title 46, U.S.C., 1964 ed., § 272 (R.S. § 4330; 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 combines R.S. § 3115, as amended (19 U.S.C. 258) and R.S. § 4330 (46 U.S.C. 272). Changes have been made in phraseology as required in the context of this act.

The words "of the Treasury" following "Secretary" in paragraph (3) of subsection (a) 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 (b) in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 907. ENTRY OF FOREIGN VESSELS.-Except as otherwise provided by section 910 of this Act, [The] the master of any foreign vessel arriving within the limits of any customs collection district shall, within forty-eight hours thereafter, make entry at the customhouse in the same manner as is required for the entry of [a] an American vessel [of the United States], except that a list of the crew as required under the provisions of sections 940 through 943 of this Act need not be delivered, and that instead of depositing the register or document in lieu thereof such master may produce a certificate by the consul of the nation to which such vessel belongs that said documents have been deposited with him[:]. [Provided, That such] Such exception shall not apply to the vessels of foreign nations in whose ports American consular officers are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nations.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1435 (June 17, 1930, c. 497, title IV, § 435, 46 Stat. 711).

The introductory words "Except as otherwise provided by section 910 of this Act," have been added as consistent with section 904 of this act, relating to the entry of American vessels, which begins "Except as otherwise provided by law, and under such regulations as the Secretary may prescribe,". These words are a necessary qualification of the statement that "The master of any foreign vessel ***" shall make entry.

The term "an American vessel” has been substituted for “a vessel of the United States" consistent with sections 901 and 904 of this act and for the reasons stated in the note to section 901 of this act.

The provision that "a list of the crew need not be delivered" has been qualified by inserting after the word "crew" the words "as required under the provisions of sections 940 through 943 of this Act." This is to make clear that although the "certified crew list" referred to in those sections is not required of a foreign vessel on entry, a list of the crew, currently on form I-418, is required. Section 4.7(c), Customs Regulations, 19 CFR § 4.7(c), requires that a crew list on form I-418 be filed in duplicate as part of a vessel's manifest on arrival from foreign, a requirement applicable with equal force to all vessels regardless of nationality.

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

SEC. 908. PRODUCTION OF CERTIFICATE OF RECORD ON ENTRY.The master or other person having the command or charge of any vessel, recorded in pursuance of [this Title] chapter 2 of this Act shall, on entry of such vessel, produce the certificate of such record to the [collector of] officer or employee designated by the Secretary for that purpose in the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 57 (R.S. §4184; 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 for "collector of" 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. 909. DOCUMENTS RETURNED AT CLEARANCE; UNLAWFUL RETURN OF FOREIGN VESSEL'S PAPERS.-(a) The register, or document in lieu thereof, deposited in accordance with section [434] 904 or [435] 907 of this Act shall be returned to the master or owner of the vessel upon its clearance.

(b) It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section [435] 907 of this Act until such master shall produce to him a clearance in due form from the [collector of the] port where such vessel has been entered. Any consul offending against the provisions of this subsection shall be liable to a fine of not more than $5,000.

NOTE

This section is based on title 19, U.S.C., 1964 ed., §§ 1437, 1438 (June 17, 1930, c. 497, title IV, §§ 437, 438, 46 Stat. 711, 712; 1950 Reorganization Plan No. 26,