[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR758.4]

[Page 446-447]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 758_EXPORT CLEARANCE REQUIREMENTS--Table of Contents
 
Sec.  758.4  Use of export license.

    (a) License valid for shipment from any port. An export license 
issued by BIS authorizes exports from any port of export in the United 
States unless the license states otherwise. Items that leave the United 
States at one port, cross adjacent foreign territory, and reenter the 
United States at another port before being exported to a foreign 
country, are treated as exports from the last U.S. port of export.
    (b) Shipments against expiring license. Any item requiring a license 
that has not departed from the final U.S. port of export by midnight of 
the expiration date on an export license may not be exported under that 
license unless the shipment meets the requirements of paragraphs (b)(1) 
or (2) of this section.
    (1) BIS grants an extension; or
    (2) Prior to midnight on the date of expiration on the license, the 
items:
    (i) Were laden aboard the vessel;
    (ii) Were located on a pier ready for loading and not for storage, 
and were booked for a vessel that was at the pier ready for loading; or
    (iii) The vessel was expected to be at the pier for loading before 
the license expired, but exceptional and unforseen circumstances delayed 
it, and BIS or the U.S. Customs Service makes a judgment that undue 
hardship would result if a license extension were required.
    (c) Reshipment of undelivered items. If the consignee does not 
receive an export made under a license because the carrier failed to 
deliver it, the exporter may reship the same or an identical item, 
subject to the same limitations as to quantity and value as described on 
the license, to the same consignee and destination under the same 
license. If an item is to be reshipped to any person other than the 
original consignee, the shipment is considered a new export and requires 
a new license. Before

[[Page 447]]

reshipping, satisfactory evidence of the original export and of the 
delivery failure, together with a satisfactory explanation of the 
delivery failure, must be submitted by the exporter to the following 
address: Operations Division, Bureau of Industry and Security, U.S. 
Department of Commerce, Room 2705, 14th Street & Pennsylvania Avenue, 
NW., Washington, DC 20230.

[65 FR 42572, July 10, 2000]