[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR30.24]

[Page 319-321]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
         CHAPTER I--BUREAU OF THE CENSUS, DEPARTMENT OF COMMERCE
 
PART 30--FOREIGN TRADE STATISTICS--Table of Contents
 
           Subpart B--General Requirements--Exporting Carriers
 
Sec. 30.24  Clearance or departure of carriers under bond on incomplete manifest or Shipper's Export Declarations.

    (a) For purposes of the regulations in this part, except when 
carriers are transporting merchandise from the United States to Puerto 
Rico, clearance (where clearance is required) or permission to depart 
(where clearance is not required) may be granted to any carrier by the 
Customs Director prior

[[Page 320]]

to the filing of a complete manifest as required under the regulations 
in this part, or prior to the filing by the carrier of all required 
Shipper's Export Declarations, provided that a bond as specified in 
paragraph (b) of this section is filed with the Customs Director. The 
condition of the bond shall be that a complete manifest, where a 
manifest is required by the regulations in this part and all required 
Shipper's Export Declarations, shall be filed by the carrier not later 
than the fourth business day after clearance (where clearance is 
required) or departure (where clearance is not required) of the carrier 
except as otherwise specifically provided in paragraphs (a) (1) and (2) 
of this section. For carriers transporting merchandise from the United 
States to Puerto Rico, if the complete manifest, as required, and all 
required Shipper's Export Declarations are not available for filing with 
the Customs Director in Puerto Rico within one business day after 
arrival, a bond, as specified in paragraph (b) of this section shall be 
filed with the Customs Director in Puerto Rico.
    (1) For shipments aboard a U.S. flag carrier between the United 
States and Puerto Rico, or from the United States or Puerto Rico to the 
Virgin Islands of the United States, the condition of the bond shall be 
that a complete manifest (where a manifest is required) and all required 
Shipper's Export Declarations shall be filed by the carrier not later 
than the seventh business day after departure or in the case of 
shipments from the United States to Puerto Rico, the seventh business 
day after arrival.
    (2) For rail carriers to Canada, the condition of the bond shall be 
that the manifest and all required Shipper's Export Declarations shall 
be filed not later than the 15th business day after departure.

In the event that any required manifest and all required Shipper's 
Export Declarations are not filed by the carrier within the period 
provided by the bond, then a penalty of $50 shall be exacted for each 
day's delinquency beyond the allowed period of 4 days, 7 days, or 15 
days, as appropriate; and if the completed manifest, where required, and 
all required Shipper's Export Declarations are not filed within 3 days 
following the period of 4 days, 7 days, or 15 days, allowed under the 
bond, then for each succeeding day of delinquency a penalty of $100 
shall be exacted, but no penalty shall exceed $1,000 in total. Remission 
or mitigation of the penalties provided herein may be granted in those 
cases where, in the judgment of the administering authority provided in 
paragraph (b) of this section, the penalties were incurred without 
willful negligence or fraud, or other circumstances justify a remission 
or mitigation.
    (b) Bonds filed in accordance with the provisions of this Sec. 30.24 
may take the form of a single entry bond on Customs Form 7567 in the 
amount of $1,000 or of a term or blanket bond on Customs Form 7569 in 
the amount of $10,000 or such larger amount as the Secretary of the 
Treasury may prescribe, or in other approved form. Except as provided 
below in this paragraph, there shall be shown on the bond, or on a 
separate listing which refers to and is made a part of the bond, a pro 
forma list of shipments on board the departing carrier for which 
Shipper's Export Declarations have not been filed with the Customs 
Director. The list shall show for each such shipment the name of the 
shipper, the country to which exported, marks and numbers of the 
packages, the number and kind of packages, a description of the goods 
and the value (or estimated value). However, where such waiver will not 
interfere with the ability of the Customs Director to check on 
performance under the bond, or with the identification of the shipment 
for purposes of obtaining statistical information in the event of 
failure of performance under the bond, the Customs Director may waive 
the requirement for the pro forma list of shipments for which 
declarations are missing, or may accept a list containing less than the 
items of information enumerated above. Approval of bonds and 
administration of the provisions of the regulations in this part 
relating to performance by carriers under such bonds, including 
remission and mitigation of penalties incurred by the carriers, are 
hereby delegated to the Commissioner of Customs or his delegate to be 
carried out in accordance with the provisions of section 623 of the 
Tariff Act of 1930, as amended, and the regulations of the

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U.S. Customs Service issued pursuant thereto.

[41 FR 9134, Mar. 3, 1976, as amended at 58 FR 41425, Aug. 4, 1993]