[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: 19CFR4.33]

[Page 34]
 
                        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. 4.33  Diversion of cargo.

    (a) Unlading at other than original port of destination. A vessel 
may unlade cargo or baggage at an alternative port of entry to the port 
of original destination if:
    (1) It is compelled by any cause to put into the alternative port 
and the director of that port issues a permit for the unlading of cargo 
or baggage; or
    (2) As a result of an emergency existing at the port of destination, 
the port director authorizes the vessel to proceed in accordance with 
the residue cargo bond procedure to the alternative port. The owner or 
agent of the vessel shall apply for such authorization in writing, 
stating the reasons and agreeing to hold the port director and the 
Government harmless for the diversion.
    (b) Disposition of cargo or baggage at emergency port. Cargo and 
baggage unladen at the alternative port under the circumstances set 
forth in paragraph (a) of this section may be:
    (1) Entered in the same manner as other imported cargo or baggage;
    (2) Treated as unclaimed and stored at the risk and expense of its 
owner; or
    (3) Reladen upon the same vessel without entry, for transportation 
to its original destination.
    (c) Substitution of ports of discharge on manifest. After entry, the 
Cargo Declaration, Customs Form 1302, of a vessel may be changed at any 
time to permit discharge of manifested cargo at any domestic port in 
lieu of any other port shown on the Cargo Declaration, if:
    (1) A written application for the diversion is made on the amended 
Cargo Declaration by the master, owner, or agent of the vessel to the 
director of the port where the vessel is located, after entry of the 
vessel at that port;
    (2) An amended Cargo Declaration, under oath, covering the cargo, 
which it is desired to divert, is furnished in support of the 
application and is filed in such number of copies as the port director 
shall require for local Customs purposes; and
    (3) The certified traveling manifest is not altered or added to in 
any way by the master, owner, or agent of the vessel. When an 
application under paragraph (c)(1) of this section is approved, the port 
director shall securely attach an approved copy of the amended manifest 
to the traveling manifest and shall send one copy of the amended Cargo 
Declaration to the director of the port where the vessel's bond was 
filed.
    (d) Retention of cargo on board for later return to the United 
States. If, as the result of a strike or other emergency at a United 
States port for which inward foreign cargo is manifested, it is desired 
to retain the cargo on board the vessel for discharge at a foreign port 
but with the purpose of having the cargo returned to the United States, 
an application may be made by the master, owner, or agent of the vessel 
to amend the vessel's Cargo Declaration, Customs Form 1302, under a 
procedure similar to that described in paragraph (c) of this section, 
except that a foreign port shall be substituted for the domestic port of 
discharge. If the application is approved, it shall be handled in the 
same manner as an application filed under paragraph (c) of this section. 
However, before approving the application, the port director is 
authorized to require such bond as he deems necessary to insure that 
export control laws and regulations are not circumvented.

[T.D. 77-255, 42 FR 56320, Oct. 25, 1977]