[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: 19CFR123.12]



[Page 657]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 123_CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents

 

                     Subpart B_International Traffic

 

Sec.  123.12  Entry of foreign locomotives and equipment in international 

traffic.



    (a) Use on a continuous route. Foreign locomotives or other foreign 

railroad equipment in use on a continuous route crossing the boundary 

into the United States shall be admitted without formal entry or the 

payment of duty to proceed to the end of the run and depart for a 

foreign country, in accordance with the following:

    (1) On inward trip. Unless formally entered and cleared through 

Customs into the United States, or unless exempt from entry as provided 

in Sec.  141.4(b)(4) of this chapter, a foreign locomotive shall be used 

on the inward trip only in connection with taking the inbound train to 

the last place in a continuous haul, including the switching of cars 

which it has hauled into the United States. Other foreign railroad 

equipment may proceed to the place of complete unloading for any 

merchandise imported therein.

    (2) On outward trip. Unless formally entered and cleared through 

Customs into the United States, or unless exempt from entry as provided 

in Sec.  141.4(b)(4) of this chapter, foreign locomotives may be used on 

the outward trip only in connection with through trains crossing the 

boundary, including switching to make up such trains. Other foreign 

railroad equipment may be used in such trains or for such local traffic 

as is reasonably incidental to its economical and prompt departure for a 

foreign country.

    (b) Admission of empty equipment. Empty foreign railroad equipment 

shall be admitted to the United States without formal entry and payment 

of duty only if:

    (1) The passengers or goods to be loaded are to be transported 

directly to or through a foreign country; or

    (2) The equipment is exempt from entry as provided in Sec.  

141.4(b)(4) of this chapter.

    (c) Penalty for improper use. The use of any foreign locomotive and 

other foreign railroad equipment in violation of this section may result 

in liabilities being incurred under section 592, Tariff Act of 1930, as 

amended (19 U.S.C. 1592).

    (d) Domestic and foreign locomotives and other railroad equipment 

defined. For the purpose of this section and Sec.  123.13, locomotives 

or other railroad equipment manufactured in, or regularly imported into, 

the United States, shall be considered ``domestic'' if not subsequently 

formally entered and cleared through foreign customs into another 

country, nor used in foreign local traffic otherwise than as an incident 

of the return of the equipment to the United States. Other locomotives 

and railroad equipment shall be considered ``foreign''.



[T.D. 70-121, 35 FR 8215, May 26, 1970, as amended by T.D. 73-73, 38 FR 

6991, Mar. 15, 1973; T.D. 79-160, 44 FR 31956, June 4, 1979; T.D. 83-

118, 48 FR 23385, May 25, 1983; T.D. 94-51, 59 FR 30294, June 13, 1994]