[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: 19CFR146.63]



[Page 109-110]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 146_FOREIGN TRADE ZONES--Table of Contents

 

              Subpart F_Transfer of Merchandise From a Zone

 

Sec.  146.63  Entry for consumption.



    (a) Foreign merchandise. Merchandise in foreign status or composed 

in part of merchandise in foreign status may be entered for consumption 

from a zone.

    (b) Zone-restricted merchandise. Merchandise in a zone-restricted 

status may be entered for consumption only when the Board has ruled that 

merchandise can be entered for consumption.

    (c) Estimated production--(1) Weekly entry. When merchandise is 

manufactured or otherwise changed in a zone (exclusive of packing) to 

its physical condition as entered within 24 hours before physical 

transfer from the zone for consumption, the port director may allow the 

person making entry to file an entry on Customs Form 3461 for the 

estimated removals of merchandise during the calendar week. The Customs 

Form 3461 must be accompanied by a pro forma invoice or schedule showing 

the number of units of each type of merchandise to be removed during the 

week and their zone and dutiable values. Merchandise covered by an entry



[[Page 110]]



made under the provisions of this section will be considered to be 

entered and may be removed only when the port director has accepted the 

entry on Customs Form 3461. If the actual removals will exceed the 

estimate for the week, the person making entry shall file an additional 

Customs Form 3461 to cover the additional units before their removal 

from the zone. Notwithstanding that a weekly entry may be allowed, all 

merchandise will be dutiable as provided in Sec.  146.65. When estimated 

removals exceed actual removals, that excess merchandise will not be 

considered to have been entered or constructively transferred to the 

Customs territory.

    (2) Individual transfers. After acceptance of the weekly entry, 

individual transfers of merchandise covered by the entry may be made 

from the zone.

    (d) Textiles and textile products. Subject to the existing statutory 

authority of the Board, textiles and textile products admitted into a 

zone, regardless of whether the merchandise has privileged or 

nonprivileged foreign status, which would have been subject to quota or 

visa or export license requirements in their condition at the time of 

importation (if entered for consumption rather than admitted to a zone), 

may not be subsequently transferred into Customs territory for 

consumption if, during the time the merchandise is in the zone, there 

has been a change by manipulation, manufacture, or other means:

    (1) In the country of origin of the merchandise as defined by Sec.  

102.21 or Sec.  102.22 of this chapter, as applicable;

    (2) To exempt from quota or visa or export license requirements 

other than a change brought about by statute, treaty, executive order or 

Presidential proclamation; or

    (3) From one textile category to another textile category.



[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by CBP Dec. 05-32, 70 

FR 58016, Oct. 5, 2005]