[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: 19CFR18.3]

[Page 282]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT--Table of Contents
 
Sec. 18.3  Transshipment; transfer by bonded cartmen.

    (a) When bonded merchandise in one conveyance is to be transshipped 
under Customs supervision to another single conveyance while en route to 
the port of destination or exportation, the in-bond document which 
accompanied the merchandise shall be presented to the port director at 
the place of transshipment for execution of a certificate of transfer 
thereon. The in-bond document shall be returned to the carrier to 
accompany the merchandise to the port of destination or exportation. 
Except as provided in paragraph (c) of this section, merchandise covered 
by a TIR carnet shall not be transshipped if the transshipment involves 
the unlading of the merchandise from a container or road vehicle.
    (b) When bonded merchandise, other than merchandise covered by a TIR 
carnet, is to be transshipped to more than one conveyance, the carrier 
or any of the parties named in Sec. 18.11(b) shall prepare for each such 
conveyance two additional copies of the Customs Form 7512 which 
accompanied the merchandise to the place of transshipment. The Customs 
Form 7512 which accompanied the shipment to the place of transshipment 
shall be presented to the port director there. The Customs officer 
supervising the transshipment shall execute a certificate of transfer on 
all copies of the Customs Form 7512. The original copies of the Customs 
Form 7512 shall be delivered to the conductor, master, or person in 
charge of the first conveyance. Two additional copies of the Customs 
Form 7512 shall be delivered to the person in charge of each additional 
conveyance in which the merchandise is forwarded for delivery to the 
director of the port of destination or exportation.
    (c) Merchandise covered by a TIR carnet may be transshipped in a 
case involving the unlading of the merchandise from a container or road 
vehicle only if the transshipment is necessitated by casualty en route. 
In the event of transshipment, a TIR approved container or road vehicle 
shall be used if available. If the transshipment takes place under 
Customs supervision, the Customs officer shall excute a certificate of 
transfer on the appropriate TIR carnet voucher.
    (d) If it becomes necessary at any point in transit to remove the 
Customs seals from a conveyance or container containing bonded 
merchandise for the purpose of transferring its contents to another 
conveyance or container, or to gain access to the shipment because of 
casualty or for other good reason, and it cannot be done under Customs 
supervision because of the element of time involved or because there is 
no Customs officer stationed at such point, a responsible agent of the 
carrier may remove the seals, supervise the transfer or handling of the 
merchandise, seal the conveyance or container in which the shipment goes 
forward, and make appropriate notation of his action on the conductor's 
or master's copy of the manifest, or the outside back cover of the TIR 
carnet, including the date, serial numbers of the new seals applied, and 
the reason therefor. This authorization shall not apply in any case not 
involving a real emergency.
    (e) All transfers to or from the conveyance or warehouse of 
merchandise undergoing transportation in bond shall be made under the 
provisions of part 125 of this chapter and at the expense of the parties 
in interest, unless the bond of the carrier on Customs Form 301, 
containing the bond conditions set forth in Sec. 113.63 of this chapter 
or a TIR carnet is liable for the safekeeping and delivery of the 
merchandise while it is being transferred.

[T.D. 71-70, 36 FR 4486, Mar. 6, 1971, as amended by T.D. 82-204, 47 FR 
49368, Nov. 1, 1982; T.D. 84-212, 49 FR 39046, Oct. 3, 1984; T.D. 84-
213, 49 FR 41168, Oct. 19, 1984; T.D. 89-1, 53 FR 51254, Dec. 21, 1988; 
T.D. 00-22, 65 FR 16517, Mar. 29, 2000]