[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: 19CFR4.31]



[Page 37]

 

                        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.  4.31  Unlading or transshipment due to casualty.



    (a) When any cargo or stores of a vessel have been unladen or 

transshipped at any place in the United States or its Customs waters 

other than a port of entry because of accident, stress of weather, or 

other necessity, no penalty shall be imposed under section 453 or 

586(a), Tariff Act of 1930, if due notice is given to the director of 

the port at which the vessel thereafter first arrives and satisfactory 

proof is submitted to him as provided for in section 586(f), Tariff Act 

of 1930, as amended, regarding such accident, stress of weather, or 

other necessity. The port director may accept the certificates of the 

master and two or more officers or members of the crew of the vessel, of 

whom the person next to the master in command shall be one, as proof 

that the unlading or transshipment was necessary by reason of 

unavoidable cause.

    (b) The port director may then permit entry of the vessel and its 

cargo and permit the unlading of the cargo in such place at the port as 

he may deem proper. Unless its transportation has been in violation of 

the coastwise laws, the cargo may be cleared through Customs at the port 

where it is discharged or forwarded to the port of original destination 

under an entry for immediate transportation or for transportation and 

exportation, as the case may be. All regulations shall apply in such 

cases as if the unlading and delivery took place at the port of original 

destination.



[28 FR 14596, Dec. 31, 1963, as amended by T.D. 95-77, 60 FR 50010, 

Sept. 27, 1995]