[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: 19CFR4.9]

[Page 14-15]
 
                        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. 4.9  Formal entry.

    (a) General. Section 4.3 provides which vessels are subject to 
formal entry and where and when entry must be made. The formal entry of 
an American vessel is governed by section 434, Tariff Act of 1930 (19 
U.S.C. 1434). The term ``American vessel'' means a vessel of the United 
States (see Sec. 4.0(b)) as well as, when arriving by sea, a vessel 
entitled to be documented except for its size (see Sec. 4.0(c)). The 
formal entry of a foreign vessel arriving within the limits of any 
Customs port is also governed by section 434, Tariff Act of 1930 (19 
U.S.C. 1434). Alternatively, information necessary for formal entry may 
be transmitted electronically pursuant to a system authorized by 
Customs.
    (b) Procedures for American vessels. Under certain circumstances, 
American vessels arriving in ports of the United States directly from 
other United States ports must make entry. Entry of such vessels is 
required when they have merchandise aboard which is

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being transported in-bond, or when they have unentered foreign 
merchandise aboard. For the purposes of the vessel entry requirements, 
merchandise transported in-bond does not include bonded ship's stores or 
supplies. While American vessels transporting unentered foreign 
merchandise must fully comply with the usual formal entry procedures, 
American vessels carrying no unentered foreign merchandise but which 
have in-bond merchandise aboard may satisfy vessel entry requirements by 
making a required report of arrival, and presenting a completed Customs 
Form 1300 (Vessel Entrance or Clearance Statement). Report of arrival as 
provided in Sec. 4.2 of this part, together with presenting a completed 
Customs Form 1300 (Vessel Entrance or Clearance Statement), satisfies 
all entry requirements for the subject vessels.
    (c) Delivery of foreign vessel document. The master of any foreign 
vessel will exhibit the vessel's document to the port director on or 
before the entry of the vessel. After the net tonnage has been noted, 
the document may be delivered to the consul of the nation to which such 
vessel belongs, in which event the vessel master will certify to the 
port director the fact of such delivery (see section 434, Tariff Act of 
1930, as amended (19 U.S.C. 1434), as applied through section 438, 
Tariff Act of 1930, as amended (19 U.S.C. 1438)). If not delivered to 
the consul, the document will be deposited in the customhouse. Whether 
delivered to the foreign consul or deposited at the customhouse, the 
document will not be delivered to the master of the foreign vessel until 
clearance is granted under Sec. 4.61. It will 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 19 U.S.C. 1434 until such master will produce to 
him a clearance in due form from the director of the port where such 
vessel has been entered. Any consul violating the provisions of this 
section is liable to a fine of not more than $5,000 (section 438, Tariff 
Act of 1930, as amended; 19 U.S.C. 1438).
    (d) Failure to make required entry; penalties. Any master who fails 
to make entry as required by this section or who presents or transmits 
electronically any document required by this section that is forged, 
altered, or false, may be liable for certain civil penalties as provided 
under 19 U.S.C. 1436, in addition to penalties applicable under other 
provisions of law. Further, any vessel used in connection with any such 
violation is subject to seizure and forfeiture.

[T.D. 00-4, 65 FR 2873, Jan. 19, 2000; T.D. 00-22, 65 FR 16515, Mar. 29, 
2000]