[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 107-108]

 

                        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 

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



[[Page 108]]



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]