[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR4.15]

[Page 22-23]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents
 
Sec. 4.15  Fishing vessels touching and trading at foreign places.

    (a) Before any vessel documented with a fishery license endorsement 
shall touch and trade at a foreign port or place, the master shall 
obtain from the port director a permit on Customs Form 1379 to touch and 
trade.

When a fishing vessel departs from the United States and there is an 
intent to stop at a foreign port (1) to lade vessel equipment which was 
preordered, (2) to purchase and lade vessel equipment, or (3) to 
purchase and lade vessel equipment to replace existing vessel equipment, 
the master of the vessel must either clear for that foreign port or 
obtain a permit to touch and trade, whether or not the vessel will 
engage in fishing on that voyage.28 Purchases of such 
equipment, whether intended at the time of departure or not, are subject 
to declaration, entry, and payment of duty pursuant to section 466 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1466). The duty may be 
remitted if it is established that the purchases

[[Page 23]]

resulted from stress of weather or other casualty.
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    \28\ If such a vessel puts into a foreign port or place and only 
obtains bunkers, stores, or supplies suitable for a fishing voyage, it 
is not considered to have touched and traded there. Fish nets and 
netting are considered vessel equipment and not vessel supplies.
    29-61 [Reserved]
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    (b) Upon the arrival of a documented vessel with a fishery 
endorsement which has put into a foreign port or place, the master shall 
report its arrival, make entry, and conform in all respects to the 
regulations applicable in the case of a vessel arriving from a foreign 
port.
    (c) If a vessel which has been granted a permit to touch and trade 
arrives at a port in the United States, whether or not the vessel has 
touched at a foreign port or place, such permit shall forthwith be 
surrendered to the port director.
    (d) No permit to touch and trade shall be issued to a vessel which 
does not have a Certificate of Documentation with a fishery license 
endorsement.

[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-28, 42 FR 3161, Jan. 
17, 1977; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 94-24, 59 FR 
13200, Mar. 21, 1994; T.D. 95-77, 60 FR 50010, Sept. 27, 1995]