[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: 19CFR18.3]



[Page 318-319]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 18_TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT--Table of 

Contents

 

Sec.  18.3  Transshipment; transfer by bonded cartmen.



    (a) When bonded merchandise in one conveyance is to be transshipped 

under Customs supervision to another single conveyance while en route to 

the port of destination or exportation, the in-bond document which 

accompanied the merchandise shall be presented to the port director at 

the place of transshipment for execution of a certificate of transfer 

thereon. The in-bond document shall be returned to the carrier to 

accompany the merchandise to the port of destination or exportation. 

Except as provided in paragraph (c) of this section, merchandise covered 

by a TIR carnet shall not be transshipped if the transshipment involves 

the unlading of the merchandise from a container or road vehicle.

    (b) When bonded merchandise, other than merchandise covered by a TIR 

carnet, is to be transshipped to more than one conveyance, the carrier 

or any of the parties named in Sec.  18.11(b) shall prepare for each 

such conveyance two additional copies of the Customs Form 7512 which 

accompanied the merchandise to the place of transshipment. The Customs 

Form 7512 which accompanied the shipment to the place of transshipment 

shall be presented to the port director there. The Customs officer 

supervising the transshipment shall execute a certificate of transfer on 

all copies of the Customs Form 7512. The original copies of the Customs 

Form 7512 shall be delivered to the conductor, master, or person in 

charge of the first conveyance. Two additional copies of the Customs 

Form 7512 shall be delivered to the person in charge of each additional 

conveyance in which the merchandise is forwarded for delivery to the 

director of the port of destination or exportation.

    (c) Merchandise covered by a TIR carnet may be transshipped in a 

case



[[Page 319]]



involving the unlading of the merchandise from a container or road 

vehicle only if the transshipment is necessitated by casualty en route. 

In the event of transshipment, a TIR approved container or road vehicle 

shall be used if available. If the transshipment takes place under 

Customs supervision, the Customs officer shall excute a certificate of 

transfer on the appropriate TIR carnet voucher.

    (d) If it becomes necessary at any point in transit to remove the 

Customs seals from a conveyance or container containing bonded 

merchandise for the purpose of transferring its contents to another 

conveyance or container, or to gain access to the shipment because of 

casualty or for other good reason, and it cannot be done under Customs 

supervision because of the element of time involved or because there is 

no Customs officer stationed at such point, a responsible agent of the 

carrier may remove the seals, supervise the transfer or handling of the 

merchandise, seal the conveyance or container in which the shipment goes 

forward, and make appropriate notation of his action on the conductor's 

or master's copy of the manifest, or the outside back cover of the TIR 

carnet, including the date, serial numbers of the new seals applied, and 

the reason therefor. This authorization shall not apply in any case not 

involving a real emergency.

    (e) All transfers to or from the conveyance or warehouse of 

merchandise undergoing transportation in bond shall be made under the 

provisions of part 125 of this chapter and at the expense of the parties 

in interest, unless the bond of the carrier on Customs Form 301, 

containing the bond conditions set forth in Sec.  113.63 of this chapter 

or a TIR carnet is liable for the safekeeping and delivery of the 

merchandise while it is being transferred.



[T.D. 71-70, 36 FR 4486, Mar. 6, 1971, as amended by T.D. 82-204, 47 FR 

49368, Nov. 1, 1982; T.D. 84-212, 49 FR 39046, Oct. 3, 1984; T.D. 84-

213, 49 FR 41168, Oct. 19, 1984; T.D. 89-1, 53 FR 51254, Dec. 21, 1988; 

T.D. 00-22, 65 FR 16517, Mar. 29, 2000]