[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR144.36]



[Page 75-76]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 144_WAREHOUSE AND REWAREHOUSE ENTRIES AND WITHDRAWALS--Table of 

Contents

 

                  Subpart D_Withdrawals from Warehouse

 

Sec.  144.36  Withdrawal for transportation.



    (a) Time limit. Merchandise may be withdrawn from warehouse for 

transportation to another port of entry if withdrawal for consumption or 

exportation can be accomplished at the port of destination before the 

expiration of the warehousing period.

    (b) Physical deposit in warehouse not needed. All or any part of the 

merchandise covered by an entry summary, Customs Form 7501 may be 

withdrawn for transportation without deposit in a bonded warehouse and 

may be permitted to remain on the vessel or other vehicle or on the pier 

in a constructive warehouse status pending examination. When any such 

merchandise not deposited in a warehouse is not forwarded under the 

withdrawal for transportation on account of damage or other cause, the 

importer shall be required to withdraw such merchandise immediately for 

consumption or exportation, or designate a warehouse to which it may be 

sent and, upon his failure to do so, it shall be treated as unclaimed.

    (c) Form. (1) A withdrawal for transportation shall be filed on 

Customs Form 7512 in five copies. An extra copy or copies of the Customs 

Form 7512 may be required for use in connection with the delivery of the 

merchandise to the bonded carrier and, in the case of alcoholic 

beverages, two extra copies shall be required for use in furnishing the 

duty statement to the port director at destination.

    (2) Separate withdrawals for transportation from a single warehouse, 

via a single conveyance, consigned to the same consignee, and deposited 

into a single warehouse, can be filed on one Customs Form 7512, under 

one control number, provided that there is an attachment, to be 

certified by a Customs officer, providing the information for each 

withdrawal, as required in paragraph (d) of this section. With the 

exception of alcohol and tobacco products, this procedure shall not be 

allowed for merchandise which is in any way restricted (for example, 

quota/visa).

    (3) The requirement that a Customs Form 7512 be filed and the 

information required in paragraph (d) of this section be shown shall not 

be required if the merchandise qualifies under the exemption in Sec.  

144.34(c).

    (d) Information required. In addition to the statement of quantity 

required by Sec.  144.32, Customs Form 7512 shall show the following 

information for the merchandise being withdrawn:

    (1) The original entry number, date of entry, date of entry summary, 

and port at which filed;

    (2) The name of the consignee at the port of destination;

    (3) Any ascertained weight, gauge, or measure;

    (4) The entered value of the merchandise;

    (5) Estimated duties, if any;

    (6) A statement that the merchandise is or is not admissible for 

consumption and the reason for non-admissibility, if applicable; and

    (7) The statistical information required by Sec.  141.61(e) of this 

chapter.



When the withdrawal is made after the merchandise has been rewarehoused, 

the rewarehouse entry number, date, and port at which filed also shall 

be shown.

    (e) Duty on samples withdrawn. The duty on any samples withdrawn at 

the original port from a shipment covered by a withdrawal for 

transportation shall be collected at such port and a notation thereof 

made on the withdrawal form. No separate invoice or extract from the 

original invoice shall be required to cover such samples.

    (f) Forwarding procedure. The merchandise shall be forwarded in 

accordance with the general provisions for transportation in bond 

(Sec. Sec.  18.1 through 18.8 of this chapter). However, when the 

alternate procedures under Sec.  144.34(c) are employed, the merchandise 

need not be delivered to a bonded carrier for transportation, and an 

entry for transportation (Customs Form 7512) and a rewarehouse entry 

will not be required.

    (g) Procedure at destination. Upon arrival at destination, the 

merchandise may be:

    (1) Entered for rewarehouse in accordance with Sec.  144.41;

    (2) Entered for combined rewarehouse and withdrawal for consumption 

in accordance with Sec.  144.42;

    (3) Exported in accordance with paragraph (h) of this section;



[[Page 76]]



    (4) Forwarded to another port or returned to the port of origin in 

accordance with Sec.  18.5 (c) or (d) of this chapter;

    (5) Admitted to a foreign trade zone in zone-restricted status as 

provided in part 146 of this chapter; or

    (6) Deposited into the proprietor's bonded warehouse or duty free 

store warehouse without rewarehouse entry as required in Sec.  144.41, 

if the merchandise qualifies for the exemption specified in Sec.  

144.34(c).

    (h) Exportation. A consignee of merchandise withdrawn for 

transportation who desires to export the merchandise upon arrival at 

destination shall so advise the port director at destination in writing. 

The port director shall then permit the exportation of the merchandise 

under Customs supervision in the same manner as a withdrawal for 

indirect exportation under Sec.  144.37.



[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 79-221, 44 

FR 46828, Aug. 9, 1979; T.D. 84-129, 49 FR 23168, June 5, 1984; T.D. 84-

212, 49 FR 39047, Oct. 3, 1984; T.D. 86-16, 51 FR 5064, Feb. 11, 1986; 

T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-19, 62 FR 15841, Apr. 

3, 1997]