[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: 19CFR4.0]



[Page 7-9]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

 

Sec.  4.0  General definitions.









                      Arrival and Entry of Vessels



Sec.

4.0 General definitions.

4.1 Boarding of vessels; cutter and dock passes.

4.2 Reports of arrival of vessels.

4.3 Vessels required to enter; place of entry.

4.3a Penalties for violation of vessel reporting and entry requirements.

4.4 Panama Canal; report of arrival required.

4.5 Government vessels.

4.6 Departure or unlading before report or entry.

4.7 Inward foreign manifest; production on demand; contents and form; 

          advance filing of cargo declaration.

4.7a Inward manifest; information required; alternative forms.

4.7b Electronic passenger and crew arrival manifests.

4.8 Preliminary entry.

4.9 Formal entry.

4.10 Request for overtime services.

4.11 Sealing of stores.

4.12 Explanation of manifest discrepancy.

4.13 [Reserved]

4.14 Equipment purchases by, and repairs to, American vessels.

4.15 Fishing vessels touching and trading at foreign places.

4.16 [Reserved]

4.17 Vessels from discriminating countries.



                       Tonnage Tax and Light Money



4.20 Tonnage taxes.

4.21 Exemptions from tonnage taxes.

4.22 Exemptions from special tonnage taxes.

4.23 Certificate of payment and cash receipt.

4.24 Application for refund of tonnage tax.



                      Landing and Delivery of Cargo



4.30 Permits and special licenses for unlading and lading.

4.31 Unlading or transshipment due to casualty.

4.32 Vessels in distress, landing of cargo.

4.33 Diversion of cargo.

4.34 Prematurely discharged, overcarried, and undelivered cargo.

4.35 Unlading outside port of entry.

4.36 Delayed discharge of cargo.

4.37 General order.

4.38 Release of cargo.

4.39 Stores and equipment of vessels and crews' effects; unlading or 

          lading and retention on board.

4.40 Equipment, etc., from wrecked or dismantled vessels.

4.41 Cargo of wrecked vessel.



                          Passengers on Vessels



4.50 Passenger lists.

4.51 Reporting requirements for individuals arriving by vessel.

4.52 Penalties applicable to individuals.



                           Foreign Clearances



4.60 Vessels required to clear.

4.61 Requirements for clearance.

4.62 Accounting for inward cargo.

4.63 Outward cargo declaration; shippers' export declarations.

4.64 Electronic passenger and crew member departure manifests.

4.65 Verification of nationality and tonnage.

4.65a Load lines.

4.66 Verification of inspection.

4.66a Illegal discharge of oil and hazardous substances.

4.66b Pollution of coastal and navigable waters.

4.66c Oil pollution by oceangoing vessels.

4.67 Closed ports or places.

4.68 Federal Maritime Commission certificates for certain passengers 

          vessels.

4.69 Shipping articles.

4.70 Public Health Service requirements.

4.71 Inspection of livestock.

4.72 Inspection of meat, meat-food products, and inedible fats.

4.73 Neutrality; exportation of arms and munitions.

4.74 Transportation orders.

4.75 Incomplete manifest; incomplete export declarations; bond.

4.76 Procedures and responsibilities of carriers filing outbound vessel 

          manifest information via the AES.



                           Coastwise Procedure



4.80 Vessels entitled to engage in coastwise trade.

4.80a Coastwise transportation of passengers.



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4.80b Coastwise transportation of merchandise.

4.81 Reports of arrivals and departures in coastwise trade.

4.81a Certain barges carrying merchandise transferred from another 

          barge.

4.82 Touching at foreign port while in coastwise trade.

4.83 Trade between United States ports on the Great Lakes and other 

          ports of the United States.

4.84 Trade with noncontiguous territory.

4.85 Vessels with residue cargo for domestic ports.

4.86 Intercoastal residue--cargo procedure; optional ports.

4.87 Vessels proceeding foreign via domestic ports.

4.88 Vessels with residue cargo for foreign ports.

4.89 Vessels in foreign trade proceeding via domestic ports and touching 

          at intermediate foreign ports.

4.90 Simultaneous vessel transactions.

4.91 Diversion of vessel; transshipment of cargo.

4.92 Towing.

4.93 Coastwise transportation by certain vessels of empty vans, tanks, 

          and barges, equipment for use with vans and tanks; empty 

          instruments of international traffic; stevedoring equipment 

          and material; procedures.



                                 General



4.94 Yacht privileges and obligations.

4.94a Large yachts imported for sale.

4.95 Records of entry and clearance of vessels.

4.96 Fisheries.

4.97 Salvage vessels.

4.98 Navigation fees.

4.99 Forms; substitution.

4.100 Licensing of vessels of less than 30 net tons.

4.101 Prohibitions against Customs officers and employees.



    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 2071 

note; 46 U.S.C. App. 3, 91;

    Section 4.1 also issued under 19 U.S.C. 1581(a), 46 U.S.C. App. 163;

    Section 4.2 also issued under 19 U.S.C. 1441, 1486;

    Section 4.3 also issued under 19 U.S.C. 288, 1441; 46 U.S.C. App. 

111;

    Section 4.3a also issued under 19 U.S.C. 1433, 1436;

    Section 4.5 also issued under 19 U.S.C. 1441;

    Section 4.7 also issued under 19 U.S.C. 1581(a); 46 U.S.C. App. 

883a, 883b;

    Section 4.7a also issued under 19 U.S.C. 1498, 1584;

    Section 4.7b also issued under 8 U.S.C. 1221;

    Section 4.8 also issued under 19 U.S.C. 1448, 1486;

    Section 4.9 also issued under 42 U.S.C. 269;

    Section 4.10 also issued under 19 U.S.C. 1448, 1451;

    Section 4.12 also issued under 19 U.S.C. 1584;

    Section 4.14 also issued under 19 U.S.C. 1466, 1498;

    Section 4.20 also issued under 46 U.S.C. 2107(b), 8103, 14306, 

14502, 14511, 14512, 14513, 14701, 14702, 46 U.S.C. App. 121, 128;

    Section 4.21 also issued under 19 U.S.C. 1441, 46 U.S.C. App. 121-

125, 128, 129, 132, 135;

    Section 4.22 also issued under 46 U.S.C. App. 121, 128, 141;

    Section 4.24 also issued under 46 U.S.C. 2108;

    Section 4.30 also issued under 19 U.S.C. 288, 1446, 1448, 1450-1454, 

1490;

    Section 4.31 also issued under 19 U.S.C. 1453, 1586;

    Section 4.32 also issued under 19 U.S.C. 1449;

    Section 4.35 also issued under 19 U.S.C. 1447;

    Section 4.36 also issued under 19 U.S.C. 1431, 1457, 1458, 46 U.S.C. 

App. 100;

    Section 4.37 also issued under 19 U.S.C. 1448, 1457, 1490;

    Section 4.38 also issued under 19 U.S.C. 1448, 1505;

    Section 4.39 also issued under 19 U.S.C. 1446;

    Section 4.40 also issued under 19 U.S.C. 1446;

    Section 4.50 also issued under 19 U.S.C. 1431; 46 U.S.C. 3502;

    Section 4.51 also issued under 19 U.S.C. 1433;

    Section 4.52 also issued under 19 U.S.C. 1433;

    Section 4.61 also issued under 46 U.S.C. App. 883;

    Section 4.64 also issued under 8 U.S.C. 1221;

    Section 4.65a also issued under 46 U.S.C. 5101-5102, 5106-5109, 

5112-5114, 5116;

    Section 4.66 also issued under 46 U.S.C. App. 91;

    Section 4.66a also issued under 33 U.S.C. 1321, 46 U.S.C. App. 91;

    Section 4.66b also issued under 33 U.S.C. 407, 1321;

    Section 4.68 also issued under 46 U.S.C. App. 817d, 817e;

    Section 4.69 also issued under 46 U.S.C. 10301, 10302, 10314, and 

10315.

    Section 4.74 also issued under 46 U.S.C. App. 91;

    Section 4.75 also issued under 46 U.S.C. App. 91;

    Section 4.80 also issued under 28 U.S.C. 2461 note; 46 U.S.C. 12106; 

46 U.S.C. App. 251, 289, 319, 802, 808, 883, 883-1;

    Section 4.81 also issued under 19 U.S.C. 1442, 1486; 46 U.S.C. 251, 

883;

    Section 4.81a also issued under 46 U.S.C. App. 883;

    Section 4.82 also issued under 19 U.S.C. 293, 294, 46 U.S.C. App. 

123;



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    Section 4.83 also issued under 46 U.S.C. App. 91, 111, 123;

    Section 4.84 also issued under 46 U.S.C. App. 883-1;

    Section 4.85 also issued under 19 U.S.C. 1442, 1623;

    Section 4.86 also issued under 19 U.S.C. 1442;

    Section 4.88 also issued under 19 U.S.C. 1442, 1622, 1623;

    Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C. App. 

316(a);

    Section 4.93 also issued under 19 U.S.C. 1322(a), 46 U.S.C. App. 

883;

    Section 4.94 also issued under 19 U.S.C. 1441; 46 U.S.C. App. 104;

    Section 4.94a also issued under 19 U.S.C. 1484b;

    Section 4.96 also issued under 46 U.S.C. 12101(a)(1), 12108, 46 

U.S.C. App. 251;

    Section 4.98 also issued under 31 U.S.C. 9701;

    Section 4.100 also issued under 19 U.S.C. 1706.



    Source: 28 FR 14596, Dec. 31, 1963, unless otherwise noted.



                      Arrival and Entry of Vessels





    For the purposes of this part:

    (a) Vessel. The word vessel includes every description of water 

craft or other contrivance used or capable of being used as a means of 

transportation on water, but does not include aircraft. (19 U.S.C. 

1401.)

    (b) Vessel of the United States. The term vessel of the United 

States means any vessel documented under the laws of the United States.

    (c) Documented. The term documented vessel means a vessel for which 

a valid Certificate of Documentation, form CG 1270, issued by the U.S. 

Coast Guard is outstanding. Upon qualification and proper application to 

the appropriate Coast Guard office, the Certificate of Documentation may 

be endorsed with a: (1) Registry endorsement (generally, available to a 

vessel to be employed in foreign trade, trade with Guam, American Samoa, 

Wake, Midway, or Kingman Reef, and other employments for which another 

endorsement is not required), (2) coastwise endorsement (generally, 

entitles a vessel to employment in the coastwise trade, and other 

employments for which another endorsement is not required), (3) Great 

Lakes endorsement (generally, entitles a vessel to engage in the 

coastwise trade on the Great Lakes and their tributary and connecting 

waters, in trade with Canada, and in other employments for which another 

endorsement is not required), (4) fishery endorsement (generally, 

subject to federal and state laws regulating the fisheries, entitles a 

vessel to fish within the Exclusive Economic Zone (16 U.S.C. 1811) and 

landward of that zone and to land its catch) or (5) recreational 

endorsement (entitles a vessel to recreational use only). Any other 

terminology used elsewhere in this part to describe the particular 

documentation of a vessel shall be read as synonymous with the 

applicable terminology contained in this paragraph. Generally, any 

vessel of at least 5 net tons and wholly owned by a United States 

citizen or citizens is eligible for documentation except that for a 

coastwise, Great Lakes, or fisheries endorsement a vessel must also be 

built in the United States. Detailed Coast Guard regulations on 

documentation are set forth in Title 46, Code of Federal Regulations, 

Sec.  67.01-67.45.

    (d) Noncontiguous territory of the United States. The term 

noncontiguous territory of the United States includes all the island 

territories and possessions of the United States, but does not include 

the Canal Zone.

    (e) Citizen. The word citizen is as defined by the U.S. Coast Guard 

for purposes of vessel documentation (see subpart 67.03 of title 46, 

Code of Federal Regulations.)

    (f) Arrival of a vessel. The phrase ``arrival of a vessel'' means 

that time when the vessel first comes to rest, whether at anchor or at a 

dock, in any harbor within the Customs territory of the U.S.

    (g) Departure of a vessel. The phrase ``departure of a vessel'' 

means that time when the vessel gets under way on its outward voyage and 

proceeds on the voyage without thereafter coming to rest in the harbor 

from which it is going.



[T.D. 69-266, 34 FR 20422, Dec. 31, 1969, as amended by T.D. 83-214, 48 

FR 46511, Oct. 13, 1983; T.D. 93-78, 58 FR 50256, Sept. 27, 1993; T.D. 

93-96, 58 FR 67315, Dec. 21, 1993]



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