[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: 19CFR151.42]



[Page 191-192]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 151_EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE--Table of 

Contents

 

               Subpart C_Petroleum and Petroleum Products

 

Sec.  151.42  Controls on unlading and gauging.



    (a) Methods of control. (1) Each port director shall establish 

controls and checks on the unlading and measurement of petroleum and 

petroleum products imported in bulk by vessel, truck, railroad car, 

pipeline, or other carrier. One of the following methods of control 

shall be employed:

    (i) Customs-approved metering and sampling installations provided by 

the importer;

    (ii) Shore tank gauging; or

    (iii) Weighing for trucks and railroad cars.

    (2) Vessel ullages shall be taken in every case unless the port 

director determines that it is impracticable to do so for safety or 

technological reasons. Ullages may be taken for trucks and railroad cars 

if weighing or shore tank



[[Page 192]]



gauging is not available as a method of control. Vessel ullages will not 

be used to determine the quantity unladen unless none of the other 

methods provided for in this paragraph is available or adequate.

    (3) The metering and sampling installations described in paragraph 

(a)(1)(i) of this section are approved by Customs on a case-by-case 

basis. Importers seeking approval shall send a complete description of 

the installation to the port director who, with the concurrence of the 

Director, Laboratory & Scientific Services, or his designee, shall give 

approval or shall state, in writing, the reasons for disapproval. 

Approved installations are subject to periodic verification by Customs. 

Importers desiring to modify a Customs-approved installation shall 

obtain Customs approval beforehand.

    (b) Duties of Customs officers. Customs officers may perform or 

witness ullaging and gauging as follows:

    (1) Opening ullages.

    (2) Closing ullages of carriers which have not completely discharged 

cargo, or if an importer or carrier requests Customs to witness closing 

ullages because of special problems.

    (3) Shore tank gauges performed by company or related-party 

employees.

    (4) Between 5 and 10 per cent of shore tank gauges conducted by 

commercial gaugers.

    (5) Shore tank gauges, including those conducted by a commercial 

gauger if no carrier ullages are taken.

    (c) Manifest discrepancies. Manifest discrepancies (shortages and 

overages) shall be reported by or on behalf of the carrier in the manner 

specified in Sec.  4.12 of this chapter. If a reported discrepancy is 

not explained to the satisfaction of the port director, the master or 

other person in charge, or the owner of the vessel or vehicle, or any 

person directly or indirectly responsible for the discrepancy, will be 

subject to the imposition of the appropriate penalty under section 460, 

584, or 592, Tariff Act of 1930, as amended (19 U.S.C. 1460, 1584, 

1592).



[T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 82-224, 47 

FR 53728, Nov. 29, 1982; T.D. 87-39, 52 FR 9790, Mar. 26, 1987; T.D. 89-

1, 53 FR 51268, Dec. 21, 1988; T.D. 91-77, 56 FR 46115, Sept. 10, 1991]