[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: 19CFR123.8]



[Page 652-653]

 

                        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 A_General Provisions

 

Sec.  123.8  Permit or special license to unlade or lade a vessel or 

vehicle.



    (a) Permission to unlade or lade. Before any passenger or 

merchandise, including baggage, may be landed or discharged from any 

vessel of less than 5 net tons arriving from Canada or Mexico by any 

route, or from a vehicle, permission to unlade shall be obtained from a 

Customs officer. Permission to unlade during overtime hours, on a Sunday 

or holiday, or to lade during overtime hours on a Sunday or holiday 

merchandise requiring Customs supervision, shall be obtained from the 

port director. Permission to unlade or lade a truck will be denied for 

any cargo with respect to which advance electronic information has not 

been received as provided in Sec.  123.92 or 192.14 of this chapter, as 

applicable. In cases in which CBP does not receive complete



[[Page 653]]



cargo information in the time and manner and in the electronic format 

required by Sec.  123.92 or 192.14 of this chapter, as applicable, CBP 

may delay issuance of a permit or special license to unlade or lade a 

truck. Permission to unlade is not required for a vessel of less than 5 

net tons arriving otherwise than by sea carrying no baggage or other 

merchandise. For permission to unlade or lade for vessels of 5 net tons 

or over, see Sec.  4.30 of this chapter.

    (b) Application for permit or special license to unlade or lade--(1) 

Permit to unlade during regular hours. Application for a permit to 

unlade any vehicle or a vessel of less than 5 net tons may be made and 

permission may be granted orally. The port director may require that the 

application and permission to unlade be on Customs Form 3171.

    (2) Special license to unlade or lade at night, on a Sunday or 

holiday. Application for permission to unlade passengers or merchandise 

from, or lade any merchandise requiring Customs supervision on, a vessel 

of less than 5 net tons or a vehicle arriving from or departing for 

Canada or Mexico by any route at night, on a Sunday or holiday, and 

requests for any reimbursable overtime services shall be made on Customs 

Form 3171. In the discretion of the port director and under such 

condition as he may deem advisable the application may be made orally 

for vessels of less than 5 net tons and vehicles not carrying persons or 

property for hire, but requests for reimbursable overtime services shall 

be on Customs Form 3171. The port director may authorize Customs 

inspectors to approve the request for overtime services and to grant 

oral permission to unlade or lade.

    (c) Cash deposit or bond for overtime services. A request for 

reimbursable overtime services shall not be approved unless the required 

cash deposit or bond on Customs Form 301, containing the bond conditions 

set forth in Sec.  113.64 of this chapter, is on file or is filed with 

the request.

    (d) Term permit or special license. A permit or special license 

required by this section may be issued on a term basis in the manner, 

and under the conditions applicable, described in Sec.  4.30 (f) or (g) 

of this chapter. A term permit or special license to unlade or lade a 

truck already issued will not be applicable as to any cargo with respect 

to which advance electronic information has not been received as 

provided in Sec.  123.92 or 192.14 of this chapter, as applicable.



[T.D. 70-121, 35 FR 8215, May 26, 1970, as amended by T.D. 84-213, 49 FR 

41183, Oct. 19, 1984; T.D. 94-2, 58 FR 68526, Dec. 28, 1993; CBP Dec. 

03-32, 68 FR 68173, Dec. 5, 2003]