[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR10.36]

[Page 104-105]
 
                        TITLE 19--CUSTOMS DUTIES
 
   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 
              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
 
PART 10_ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC.
--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 10.36  Commercial travelers' samples; professional equipment and 
tools of trade; theatrical effects and other articles.

    (a) Samples accompanying a commercial traveler who presents an 
adequate descriptive list or a special Customs invoice, and professional 
equipment, tools of trade, and repair components for such equipment or 
tools imported in his baggage for his own use by a nonresident 
sojourning temporarily in the United States may be entered on the 
importer's baggage declaration in lieu of formal entry and examination 
and may be passed under subheadings 9813.00.20 or 9813.00.50, Harmonized 
Tariff Schedule of the United States, (HTSUS), at the place of arrival

[[Page 105]]

in the same manner as other passengers' baggage. The examination may be 
made by an inspector who is qualified, in the opinion of the port 
director, to determine the amount of the bond required by Sec. 10.31(c) 
to be filed in support of the entry. If the articles are a commercial 
traveler's samples and exceed $500 in value, a special Customs invoice 
or a descriptive list shall be furnished.
    (b) When the proprietor or manager of a theatrical exhibition 
arriving from abroad who has entered his scenery, properties, and 
apparel under subheading 9813.00.65, HTSUS, contemplates side trips to a 
contiguous country with the exhibition within the period of time during 
which the merchandise may remain in the Customs territory of the United 
States under bond, including any lawful extension, a copy of the entry 
covering the effects and a copy of a descriptive list of such effects or 
invoice furnished by him may be certified by the examining officer and 
returned to the proprietor or manager for use in registering the effects 
with the Customs officers at the port of exit, and in clearing them 
through Customs on his return. Cancellation of the bond shall be 
effected by exportation in accordance with the provisions of Sec. 10.38 
at the time the theatrical effects are finally taken out of the United 
States before the expiration of the period of time during which the 
merchandise may remain in the Customs territory of the United States 
under bond, including any lawful extension. Similar treatment may be 
accorded articles entered under other subheadings in chapter 98, 
subchapter XIII, HTSUS, upon approval by Headquarters, U.S. Customs 
Service.
    (c) When a commercial traveler contemplates side trips to a 
contiguous country within the period of time during which the 
merchandise may remain in the Customs territory of the United States 
under bond, including any lawful extension, a copy of his baggage 
declaration and a copy of the descriptive list or special Customs 
invoice furnished by him may be certified by the examining officer and 
returned to the traveler for use in registering the samples with Customs 
officers at the port of exit, and in clearing them through Customs upon 
his return. Cancellation of the bond shall be effected by exportation in 
accordance with the provisions of Sec. 10.38 at the time the samples 
are finally taken out of the United States before the expiration of the 
period of time during which the merchandise may remain in the Customs 
territory of the United States under bond, including any lawful 
extension.
    (d) The privilege of clearance of commercial travelers' samples or 
professional equipment, tools of trade, and repair components for such 
equipment or tools imported for his own use by a nonresident sojourning 
temporarily in the United States on a baggage declaration under bond 
without surety or cash deposit shall not be accorded to a commercial 
traveler or such nonresident who, through fraud or culpable negligence, 
has failed to comply with the provisions of such a bond in connection 
with a prior arrival.

Such a commercial traveler or nonresident shall be required to file a 
formal entry under subheading 9813.00.20 or subheading 9813.00.50, HTSUS 
with a bond supported by a surety or cash deposit in lieu of surety.

[28 FR 14663, Dec. 31, 1963, as amended by T.D. 69-146, 34 FR 9799, June 
25, 1969; T.D. 84-213, 49 FR 41165, Oct. 19, 1984; T.D. 89-1, 53 FR 
51248, Dec. 21, 1988]