[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: 19CFR4.60]

[Page 42-43]
 
                        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. 4.60  Vessels required to clear.

    (a) Unless specifically excepted by law, the following vessels must 
obtain

[[Page 43]]

clearance from the Customs Service before departing from a port or place 
in the United States:
    (1) All vessels departing for a foreign port or place;
    (2) All foreign vessels departing for another port or place in the 
United States;
    (3) All American vessels departing for another port or place in the 
United States that have merchandise on board that is being transported 
in-bond (not including bonded ship's stores or supplies), or foreign 
merchandise for which entry has not been made; and
    (4) All vessels departing for points outside the territorial sea to 
visit a hovering vessel or to receive merchandise or passengers while 
outside the territorial sea, as well as foreign vessels delivering 
merchandise or passengers while outside the territorial sea.
    (b) The following vessels are not required to clear:
    (1) A documented vessel with a pleasure license endorsement or an 
undocumented American pleasure vessel (i.e., an undocumented vessel 
wholly owned by a United States citizen or citizens, whether or not it 
has a certificate of number issued by the State in which the vessel is 
principally used under 46 U.S.C. 1466-1467 and not engaged in trade nor 
violating the Customs or navigation laws of the United States and not 
having visited any hovering vessel (see 19 U.S.C. 1709(d)).
    (2) Any documented vessel with a Great Lakes license endorsement 
which during a voyage on the Great Lakes will touch at a foreign port 
only for taking on bunker fuel. (see Sec. 4.82).
    (3) A vessel exempted from entry by section 441, Tariff Act of 1930. 
(See Sec. 4.5.)
    (4) A vessel of less than 5 net tons which departs from the United 
States to proceed to a contiguous country otherwise than by sea.
    (c) Vessels which will merely transit the Panama Canal without 
transacting any business there shall not be required to be cleared 
because of such transit.
    (d) In the event that departure is delayed beyond the second day 
after clearance, the delay shall be reported within 72 hours after 
clearance to the port director who shall note the fact of detention on 
the certificate of clearance and on the official record of clearance. 
When the proposed voyage is canceled after clearance, the reason 
therefor shall be reported in writing within 24 hours after such 
cancellation and the certificate of clearance and related papers shall 
be surrendered.
    (e) No vessel shall be cleared for the high seas except, a vessel 
bound to another vessel on the high seas to--
    (1) Transship export merchandise which it has transported from the 
U.S. to the vessel on the high seas; or
    (2) Receive import merchandise from the vessel on the high seas and 
transport the merchandise to the U.S.

[28 FR 14596, Dec. 31, 1963, as amended by T.D. 79-276, 44 FR 61956, 
Oct. 29, 1979; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 85-91, 50 
FR 21429, May 24, 1985; T.D. 94-24, 59 FR 13200, Mar. 21, 1994; T.D. 95-
77, 60 FR 50010, Sept. 27, 1995; T.D. 00-4, 65 FR 2873, Jan. 19, 2000]