[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR123.8]

[Page 595-596]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 123.8  Permit or special license to unlade or lade a vessel or vehicle.

    (a) Permission to unlade or lade. Before any passenger or 
merchandise, including baggage, may be landed or discharged from any 
vessel of less than 5 net tons arriving from Canada or Mexico by any 
route, or from a vehicle, permission to unlade shall be obtained from a 
Customs officer. Permission to unlade during overtime hours, on a Sunday 
or holiday, or to lade during overtime hours on a Sunday or holiday

[[Page 596]]

merchandise requiring Customs supervision, shall be obtained from the 
port director. Permission to unlade is not required for a vessel of less 
than 5 net tons arriving otherwise than by sea carrying no baggage or 
other merchandise. For permission to unlade or lade for vessels of 5 net 
tons or over, see Sec. 4.30 of this chapter.
    (b) Application for permit or special license to unlade or lade--(1) 
Permit to unlade during regular hours. Application for a permit to 
unlade any vehicle or a vessel of less than 5 net tons may be made and 
permission may be granted orally. The port director may require that the 
application and permission to unlade be on Customs Form 3171.
    (2) Special license to unlade or lade at night, on a Sunday or 
holiday. Application for permission to unlade passengers or merchandise 
from, or lade any merchandise requiring Customs supervision on, a vessel 
of less than 5 net tons or a vehicle arriving from or departing for 
Canada or Mexico by any route at night, on a Sunday or holiday, and 
requests for any reimbursable overtime services shall be made on Customs 
Form 3171. In the discretion of the port director and under such 
condition as he may deem advisable the application may be made orally 
for vessels of less than 5 net tons and vehicles not carrying persons or 
property for hire, but requests for reimbursable overtime services shall 
be on Customs Form 3171. The port director may authorize Customs 
inspectors to approve the request for overtime services and to grant 
oral permission to unlade or lade.
    (c) Cash deposit or bond for overtime services. A request for 
reimbursable overtime services shall not be approved unless the required 
cash deposit or bond on Customs Form 301, containing the bond conditions 
set forth in Sec. 113.64 of this chapter, is on file or is filed with 
the request.
    (d) Term permit or special license. A permit or special license 
required by this section may be issued on a term basis in the manner, 
and under the conditions applicable, described in Sec. 4.30 (f) or (g) 
of this chapter.

[T.D. 70-121, 35 FR 8215, May 26, 1970, as amended by T.D. 84-213, 49 FR 
41183, Oct. 19, 1984; T.D. 94-2, 58 FR 68526, Dec. 28, 1993]