[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: 19CFR18.4]



[Page 319-321]

 

                        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.  18.4  Sealing conveyances and compartments; labeling packages; 

warning cards.



    (a)(1) Conveyances or compartments in which carload lots of bonded 

merchandise are transported shall be sealed with commercial shipper 

seals, Customs red in-bond seals, or other accepted seals. High-security 

Customs seals will be required on carload or containerized shipments 

where the Customs officer reviewing the in-bond entry determines it is 

required to adequately protect the revenue and prevent violations of 

Customs laws. The bonded carrier will provide Customs with the necessary 

seals. When the compartment or conveyance cannot be effectively sealed, 

as in the case of merchandise shipped in open cars or barges, or on the 

decks of vessels, or when it is known that any seals would necessarily 

be removed outside the jurisdiction of the United States for the purpose 

of discharging or taking on cargo, or when it is known that the breaking 

of the seals will be necessary to ventilate the hatches, or in other 

similar circumstances, such sealings may be waived with the consent of 

the carrier and an appropriate notation of such waiver shall be made on 

the manifest. The Commissioner of Customs may authorize the waiver of 

sealing of conveyances or compartments in which bonded merchandise is 

transported in other cases when in his opinion the sealing thereof is 

unnecessary to protect the revenue or to prevent violations of the 

Customs laws and regulations.

    (2) The port director shall cause a Customs seal to be affixed to a 

container or road vehicle which is being used to transport merchandise 

under cover of a TIR carnet unless the container or road vehicle bears a 

customs seal (domestic or foreign). The port director shall likewise 

cause a Customs seal or label to be affixed to heavy or bulky goods 

being so transported. If, however, he has reason to believe that there 

is a discrepancy between the merchandise listed on the Goods Manifest of 

the carnet and the merchandise which is to be transported, he shall



[[Page 320]]



cause a Customs seal or label to be affixed only when the listing of the 

merchandise in the carnet and a physical inventory agree.

    (b) Ports at which the facilities are insufficient to maintain 

continuous customs supervision over vessels arriving with bonded cargo 

while the bonded merchandise is not under Customs seals shall permit the 

vessels to proceed to destination without further sealing and notation 

to this effect shall be made on the manifest.

    (c)(1) Merchandise not under bond may be transported in sealed 

conveyances or compartments containing bonded goods when destined for 

the same place or places beyond, but not when intended for intermediate 

places.

    (2) Merchandise moving under cover of a carnet may not be 

consolidated with other merchandise.

    (d) The seals to be used in sealing conveyances, compartments, or 

packages must meet Customs standards provided in Sec.  24.13a of this 

chapter, and may be obtained in accordance with Sec.  24.13 of this 

chapter.

    (e) Except as otherwise provided for in this paragraph, packages 

shipped in bond or by a carrier permitted to transport articles under 

the last sentence of section 553 of the tariff act, as amended, shall be 

corded and sealed or, in lieu thereof, the carrier shall furnish and 

attach to each such package a warning label on bright red paper, not 

less than 5 by 8 inches in size, containing the following legend in 

black or white lettering of a conspicuous size:



                              U.S. Customs



    This package is under bond and must be delivered intact to the 

Customs officer in charge at the port of destination or to such other 

place as authorized by Customs.



    Warning. Two years' imprisonment, $5,000 fine, or both, is the 

penalty for unlawful removal of this package or any of its contents.



Transportation Entry No. --------; From --------To --------; This 

package to be delivered to Customs at ---------------- (If other than 

port of destination)





A carrier at its option may omit the last three lines of the above 

legend from the warning label but if not omitted the information called 

for must be filled in. If the size of the package renders the use of a 5 

x 8 inch warning label impracticable because of lack of space, a 3x5 

inch label may be used. A high visibility, pressure-sensitive warning 

label, whether as a continuous series in tape form or otherwise, but not 

less than 1\1/2\ by 3 inches in size, may be used on any size package. 

Such cording and sealing or labeling of the packages so shipped is not 

required either when the packages are transported in a conveyance or 

compartment sealed with Customs seals, or when the sealing of the 

conveyance or compartment in which the packages are transported is 

waived under paragraph (a) or (b) of this section. When the packages are 

shipped in a railroad car the sealing of which is practicable but which 

is not sealed because merchandise not being transported in bond is or 

may be carried in the same car, the packages being transported in bond 

shall be corded and sealed or labeled.

    (f) The warning label, when used, shall be pasted securely on the 

package under Customs supervision as close as practicable to the mark or 

number on the package. Additional labels may be required by the port 

director in such places on the package as he shall specify in any case 

where he is of the opinion that one is not adequate.

    (g) When, in the case of crates and similar packages, it is 

impossible to attach the warning labels by pasting, bright red shipping 

tags of convenient size, large enough to be conspicuous and containing 

the same legend as the labels, shall be used in lieu of labels. Such 

tags shall be wired or otherwise securely fastened to the packages in 

such manner as not to injure the merchandise.

    (h) Bonded carriers shall furnish and securely attach to the side 

doors of cars, to the doors of compartments, and on vehicles carrying 

bonded merchandise which are secured with Customs seals, bright red 

cards, 8 by 10\1/4\ inches in size, which shall be attached near such 

seals and on which shall be printed in large, clear, black letters the 

following:



    United States Customs. Two years' imprisonment, or $5,000 fine, or 

both, is the penalty for the unlawful removal of United States



[[Page 321]]



Customs seals on this car, vehicle, or compartment. United States 

Customs officers only are authorized to break these seals.



Car or vessel___________________________________________________________

Number or name__________________________________________________________

From____________________________________________________________________

To______________________________________________________________________

    Notice: The merchandise in this car, vehicle, or compartment shall 

be delivered to the chief officer of the customs at --------.



    (i) Removal of seals. Except as provided in Sec.  18.3(d) and Sec.  

19.6(e) of this chapter, seals affixed under this section shall be 

removed only under Customs supervision.



[28 FR 14755, Dec. 31, 1963]



    Editorial Note: For Federal Register citations affecting Sec.  18.4, 

see the List of CFR Sections Affected, which appears in the Finding Aids 

section of the printed volume and on GPO Access.