[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR151.42]

[Page 189-190]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 151--EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE--Table of Contents
 
               Subpart C--Petroleum and Petroleum Products
 
Sec. 151.42  Controls on unlading and gauging.

    (a) Methods of control. (1) Each port director shall establish 
controls and checks on the unlading and measurement of petroleum and 
petroleum products imported in bulk by vessel, truck, railroad car, 
pipeline, or other carrier. One of the following methods of control 
shall be employed:
    (i) Customs-approved metering and sampling installations provided by 
the importer;
    (ii) Shore tank gauging; or
    (iii) Weighing for trucks and railroad cars.
    (2) Vessel ullages shall be taken in every case unless the port 
director determines that it is impracticable to do so for safety or 
technological reasons. Ullages may be taken for trucks and railroad cars 
if weighing or shore tank gauging is not available as a method of 
control. Vessel ullages will not be used to determine the quantity 
unladen unless none of the other methods provided for in this paragraph 
is available or adequate.
    (3) The metering and sampling installations described in paragraph 
(a)(1)(i) of this section are approved by Customs on a case-by-case 
basis. Importers seeking approval shall send a complete description of 
the installation to the port director who, with the concurrence of the 
Director, Laboratory & Scientific Services, or his designee,

[[Page 190]]

shall give approval or shall state, in writing, the reasons for 
disapproval. Approved installations are subject to periodic verification 
by Customs. Importers desiring to modify a Customs-approved installation 
shall obtain Customs approval beforehand.
    (b) Duties of Customs officers. Customs officers may perform or 
witness ullaging and gauging as follows:
    (1) Opening ullages.
    (2) Closing ullages of carriers which have not completely discharged 
cargo, or if an importer or carrier requests Customs to witness closing 
ullages because of special problems.
    (3) Shore tank gauges performed by company or related-party 
employees.
    (4) Between 5 and 10 per cent of shore tank gauges conducted by 
commercial gaugers.
    (5) Shore tank gauges, including those conducted by a commercial 
gauger if no carrier ullages are taken.
    (c) Manifest discrepancies. Manifest discrepancies (shortages and 
overages) shall be reported by or on behalf of the carrier in the manner 
specified in Sec. 4.12 of this chapter. If a reported discrepancy is not 
explained to the satisfaction of the port director, the master or other 
person in charge, or the owner of the vessel or vehicle, or any person 
directly or indirectly responsible for the discrepancy, will be subject 
to the imposition of the appropriate penalty under section 460, 584, or 
592, Tariff Act of 1930, as amended (19 U.S.C. 1460, 1584, 1592).

[T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 82-224, 47 
FR 53728, Nov. 29, 1982; T.D. 87-39, 52 FR 9790, Mar. 26, 1987; T.D. 89-
1, 53 FR 51268, Dec. 21, 1988; T.D. 91-77, 56 FR 46115, Sept. 10, 1991]