[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: 19CFR4.39]

[Page 37]
 
                        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. 4.39  Stores and equipment of vessels and crews' effects; unlading or lading and retention on board.

    (a) The provisions of Sec. 4.30 relating to unlading under a permit 
on Customs Form 3171 are applicable to the unlading of articles, other 
than cargo or baggage, which have been laden on a vessel outside the 
Customs territory of the United States, regardless of the trade in which 
the vessel may be engaged at the time of unlading, except that such 
provisions do not apply to such articles which have already been 
entered.
    (b) Any articles other than cargo or baggage landed for delivery for 
consumption in the United States shall be treated in the same manner as 
other imported articles. A notation as to the landing of such articles, 
together with the number of the entry made therefor, shall be made on 
the vessel's store list, but such notation shall not subject the 
articles to the requirement of being included in a post entry to the 
manifest.
    (c) Bags or dunnage constituting equipment of a vessel may be landed 
temporarily and reladen on such vessel under Customs supervision without 
entry.
    (d) Articles claimed to be sea or ships' stores which are in excess 
of the reasonable requirements of the vessel on which they are found 
shall be treated as cargo of such vessel.
    (e) Under section 446, Tariff Act of 1930, port directors may permit 
narcotic drugs, except smoking opium, in reasonable quantities and 
properly listed as medical stores to remain on board vessels if 
satisfied that such drugs are adequately safeguarded and used only as 
medical supplies.
    (f) Application for permission to transfer bunkers, stores or 
equipment as provided for in the proviso to section 446, Tariff Act of 
1930, shall be made and the permit therefor granted on Customs Form 
3171.
    (g) Equipment of a vessel arriving either directly or indirectly 
from a foreign port or place, if in need of repairs in the United 
States, may be unladen from and reladen upon the same vessel under the 
procedures set forth in Sec. 4.30 relating to the granting of permits 
and special licenses on Customs Form 3171 (CF 3171). Adequate protection 
of the revenue is insured under the appropriate International Carrier 
Bond during the period that equipment is temporarily landed for repairs 
(see Sec. 113.64(b) of this chapter), and so resort to the procedures 
established for the temporary importation of merchandise under bond is 
unnecessary. Once equipment which has been unladen under the terms of a 
CF 3171 has been reladen on the same vessel, potential liability for 
that transaction existing under the bond will be extinguished.

[28 FR 14596, Dec. 31, 1963, as amended by T.D. 93-66, 58 FR 44130, Aug. 
19, 1993; T.D. 00-61, 65 FR 56790, Sept. 20, 2000]