§§ 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 §§ 437 and 438, act June 17, 1930, c. 497, title IV, 46 Stat. 711, 712 (19 U.S.C. 1437 and 1438), with necessary changes in phraseology as required in the context of this act.

The words "collector of the" in subsection (b) have been deleted in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 910. VESSELS NOT REQUIRED TO ENTER. The following vessels shall not be required to make entry at the customhouse:

(1) Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade;"

(2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the [collector] officer or employee designated by the Secretary for that purpose within twenty-four hours after arrival;

(3) Licensed yachts or undocumented American pleasure vessels not engaged in trade nor in any way violating the customs or navigation laws of the United States and not having visited any hovering vessel: Provided, That the master of any such vessel which has on board any article required by law to be entered shall be required to report such article to the [collector] officer or employee designated by the Secretary for that purpose within twenty-four hours after arrival. (4) Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, sea stores, or ship's stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship's stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the [collector] officer or employee designated by the Secretary for that purpose the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship's stores taken on board; and

(5) Tugs enrolled and licensed to engage in the foreign and coasting trade in the northern, northeastern, and northwestern frontiers when towing vessels which are required by law to enter and clear.

(6) Vessels of less than five net tons arriving from a contiguous country otherwise than by sea.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1441 (June 17, 1930, c. 497, title IV, § 441, 46 Stat. 712; Aug. 5, 1935, c. 438, title III, § 302, 49 Stat. 527; Aug. 14, 1937, c. 620, § 1, 50 Stat. 638; Sept. 1, 1954, c. 1213, title V, § 501(b), 68 Stat. 1140; 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" in three places in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

Paragraph (6) has been added as consistent with longstanding administrative terpretation reflected in §§ 5.1(a) and 4.60(b)(4), Čustoms Regulations, 19 FR 5.1(a) and 4.60(b) (4). § 5.1(a) provides:

"A vessel of less than 5 net tons arriving in the United States from a contiguous ountry otherwise than by sea is not subject to the provisions of sections 433, :34, 435, or 448(a), Tariff Act of 1930 [sections 902, 904, 907, and 931 of this det], and no report of the arrival of such a vessel is required if it is not carrying ny baggage or other merchandise."

§ 4.60(b) (4) provides that a vessel of less than 5 net tons arriving in the United States from a contiguous country otherwise than by sea is not required to clear.

SEC. 911. ENROLLED AND LICENSED VESSELS ON THE NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS; EXEMPTION FROM ENTRY AND CLEARANCE IN CERTAIN CIRCUMSTANCES.-Enrolled [or] and licensed vessels engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, departing from or arriving at a port or place in [one district] the United States to or from [a] another port or place [in another district] within the same, and also touching at intermediate foreign ports, [shall not thereby become liable to the payment of entry and clearance fees or tonnage tax, as if from or to foreign ports; but such vessel shall, notwithstanding, be required to enter and clear; except that when such vessels are on such voyages on the Great Lakes and touch at foreign ports for the purpose of taking on bunker fuel only, they] may be exempted from entering and clearing [under such rules and regulations as the Secretary of the Treasury may prescribe, notwithstanding any other provisions of law:] when they are on such voyages on the Great Lakes and touch at foreign ports for the purpose of taking on bunker fuel only. [Provided, That this exception shall not apply to such vessels] Such vessels shall not, however, be exempted from entering and clearing if, while at any such foreign port, they land or take on board any passengers, or any merchandise other than bunker fuel, receive orders, discharge any seamen by mutual consent, or engage any seamen to replace those discharged by mutual consent, or transact any other business save that of taking on bunker fuel.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 288; title 46, U.S.C., 1964 ed., § 111 (R.S. § 2793; Sept. 25, 1941, c. 423, 55 Stat. 733; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 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).

The word "and" has been substituted for "or" between "Enrolled" and "licensed" because a vessel engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States is required to be "enrolled and licensed" by R.S. § 4318, as amended, 46 U.S.C. 258 (sec 233 of this act).

The phrase "from or arriving at a port or place in the United States to or from another port or place within the same" has been substituted for "from or arriving at a port in one district to or from a port in another district" for the reasons stated in the note to section 245 of this act.

The clause “shall not thereby become liable to the payment of entry and clearance fees or tonnage tax, as if from or to foreign ports;" has been omitted as covered by subsection (b) of section 1208 (as to the payment of entry and clearance fees) and section 1003 (as to tonnage tax) of this act.

The clause "but such vessel shall, notwithstanding, be required to enter and clear" has been deleted as surplusage because the affirmative statement that such vessel "may be exempted from entering and clearing when on such voyages

on the Great Lakes and touch at foreign ports for the purpose of taking on bunk fuel only" is sufficient to indicate that such vessels otherwise are required enter and clear.

The words "under such rules and regulations as the Secretary of the Treasu may prescribe" have been deleted as unnecessary in view of subsection (a) section 103 of this act under which the Secretary is authorized generally to mak such rules and regulations as may be necessary to carry out the provisions of th Changes have been made in phraseology as required in the context of this ac

act.

SEC. 912. PENALTIES FOR FAILURE TO REPORT OR ENTER VESSE OR TO FILE MANIFEST, AND FOR DEPARTURE BEFORE REPORT O ENTRY. (a) Every master who fails to make the report [or entry] provided for in [section 433, 434, or 435] subsection (a) of section 901 of this Act or the entry provided for in section 904 or 907 of this Act shall, for each offense, be liable to a fine of not more than $1,000[,] and, if the vessel have, or be discovered to have had, on board an merchandise (sea stores excepted), the importation of which into th United States is prohibited, or any spirits, wines, or other alcoholi liquors, such master shall be subject to an additional fine of not mor than $2,000 or to imprisonment for not more than one year, or t both such fine and imprisonment.

(b) The master of any vessel [or the person in charge of any vehicle] of less than five net tons who fails to report arrival in the United States as required by [the preceding section] subsection (b) of section 902 of this Act, 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] such vessel [or vehicle, o 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 person in charge of such vehicle, or the person importing or bringing in 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;] passenger, or if any passenger is discharged or landed from any such vessel [of vehicle] before it is so reported, or after such report but without a [permit;] 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.

(c) Every master who presents a forged, altered, or false document or paper on making entry of a vessel as required by section [434] 904 or [435] 907 of this Act, knowing the same to be forged, altered, or false and without revealing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine

of not more than $5,000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment.

(d) If any vessel [or vehicle] from a foreign port or place arrives within the limits of any [collection] district and departs or attempts to depart, except from stress of weather or other necessity; without making a report or entry under the provisions of section 902, 904, or 907 of this Act, or if any merchandise is unladen therefrom before such report or entry, the master of such vessel shall be liable to a penalty of $5,000, Land the person in charge of such vehicle shall be liable to a penalty of $500,] and [any such] the vessel [or vehicle] shall be forfeited, and any officer of the customs may cause such vessel [or vehicle to be arrested and brought back to the most convenient port or place [of] in the United States.

NOTE

This section is based on title 19, U.S.C., 1964 ed., §§ 1436, 1460, 1585 (June 17, 1930, c. 497, title IV, §§ 436, 460, 585, 46 Stat. 711, 717, 749; Aug. 5, 1935, c. 438, title II, § 202, title III, § 303, 49 Stat. 521, 527; June 25, 1938, c. 679, § 10(b), 52 Stat. 1082; 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).

Subsections (a) and (c) of this section are taken from act June 17, 1930 (Tariff Act of 1930), c. 497, title IV, § 436, 46 Stat. 711, as amended act Aug. 5, 1935, c. 438, title II, § 202, 49 Stat. 521 (19 U.S.C. 1436); subsection (b) is adapted from act June 17, 1930, c. 497, title IV, § 460, 46 Stat. 717, as amended act June 25, 1938, c. 679, § 10(b), 52 Stat. 1082 (19 U.S.C. 1460); and subsection (d) is adapted from act June 17, 1930, c. 497, title IV, § 585, 46 Stat. 749, as amended act Aug. 5, 1935, c. 438, title III, § 303, 49 Stat. 527 (19 U.S.C. 1585).

Subsection (b) is an adaptation of so much of § 460 of the Tariff Act of 1930, as amended, as relates to penalties which may be incurred if the master of any vessel of less than 5 net tons violates the reporting requirements in § 459 of the Tariff Act of 1930 (see subsec. (b) of sec. 902 of this act). The references to "or the person in charge of any vehicle, to merchandise imported or brought into the United States in any vehicle, or by any person otherwise than in a vessel or vehicle," to "vehicle," and to "or the person in charge of such vehicle, or the person importing or bringing in merchandise otherwise than in a vessel or vehicle" have been omitted as referring to matters beyond the scope of this act.

Subsection (d) is an adaptation of so much of § 585 of the Tariff Act of 1930, as amended, as relates to penalties which may be incurred if a vessel arriving from a foreign port or place departs or attempts to depart without making the required report and/or entry.. The references "the person in charge of such vehicle shall be liable to a penalty of $500" and to "or vehicle" have been omitted as referring to matters beyond the scope of this act.

The word "collection" has been deleted before "district" as surplusage because "district" is defined as "customs collection district" in section 101 of this act. Changes have been made in phraseology as required in the context of this act.

SEC. 913. VESSEL MANIFESTS; REQUIREMENT, FORM, AND CONTENTS; SIGNING AND DELIVERY.-The master of every vessel arriving in the United States and required to make entry shall have on board his vessel a manifest [in a form to be prescribed by the Secretary of the Treasury and] signed by such master under oath as to the truth of the statements therein contained. Such manifest shall contain:

[First.] (1) The names of the ports or places at which the merchandise was taken on board and the ports of entry of the United States for which the same is destined, particularly describing the merchandise destined to each such port: PROVIDEĎ, That 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 fifteen 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. [Second.] (2) The name, description, and build of the vessel, the true measure or tonnage thereof, the port to which such vessel belongs, and the name of the master of such vessel.

[Third.] (3) A detailed account of all merchandise on board such vessel, with the marks and numbers of each package, and the number and description of the packages according to their usual name or denomination, such as barrel, keg, hogshead, case, or bag.

[Fourth.] (4) The names of the persons to whom such packages are respectively consigned in accordance with the bills of lading issued therefor, except that when such merchandise is consigned to order the manifest shall so state.

[Fifth.] (5) The names of the several passengers aboard the vessel, stating whether cabin or steerage passengers, with their baggage, specifying the number and description of the pieces of baggage belonging to each, and a list of all baggage not accompanied by passengers.

[Sixth.] (6) An account of the sea stores and ship's stores on board of the vessel.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1431 (June 17, 1930, c. 497, title IV, § 431, 46 Stat. 710; Aug. 8, 1953, c. 397, § 15, 67 Stat. 516).

The words "in a form to be prescribed by the Secretary of the Treasury and" in the first sentence have been deleted as unnecessary in view of subsection (b) of section 103 of this act under which the Secretary is authorized generally to prescribe forms to be used in carrying out the provisions of this act.

act.

Changes in arrangement have been made as required in the context of this

SEC. 914. VESSEL MANIFESTS; CERTIFICATION.-The master of every vessel [and person in charge of every vehicle] bound to a port or place in the United States shall deliver to the officer of the customs [or Coast Guard] who shall first demand it of him [,] the original and one copy on the manifest of such vessel [or vehicle], and such officer shall certify on the original manifest to the inspection thereof and return the same to the master [or other person in charge].

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1583 (June 17, 1930, c. 497, title IV, § 583, 46 Stat. 748; Aug. 2, 1956, c. 887, § 4(c), 70 Stat. 948; 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 § 583 of the Tariff Act of 1930, as amended, as relates to the delivery and certification of manifests of vessels bound to a port or place in the United States.

The references to "and the person in charge of every vehicle" and "or vehicle" have been omitted as referring to matters beyond the scope of this act.

The words "or Coast Guard" have been deleted as surplusage as "officer of the customs" is so defined as to include an officer of the Coast Guard in section 101 of this act.