[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: 19CFR4.33]



[Page 37-38]

 

                        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.  4.33  Diversion of cargo.



    (a) Unlading at other than original port of destination. A vessel 

may unlade cargo or baggage at an alternative port



[[Page 38]]



of entry to the port of original destination if:

    (1) It is compelled by any cause to put into the alternative port 

and the director of that port issues a permit for the unlading of cargo 

or baggage; or

    (2) As a result of an emergency existing at the port of destination, 

the port director authorizes the vessel to proceed in accordance with 

the residue cargo bond procedure to the alternative port. The owner or 

agent of the vessel shall apply for such authorization in writing, 

stating the reasons and agreeing to hold the port director and the 

Government harmless for the diversion.

    (b) Disposition of cargo or baggage at emergency port. Cargo and 

baggage unladen at the alternative port under the circumstances set 

forth in paragraph (a) of this section may be:

    (1) Entered in the same manner as other imported cargo or baggage;

    (2) Treated as unclaimed and stored at the risk and expense of its 

owner; or

    (3) Reladen upon the same vessel without entry, for transportation 

to its original destination.

    (c) Substitution of ports of discharge on manifest. After entry, the 

Cargo Declaration, Customs Form 1302, of a vessel may be changed at any 

time to permit discharge of manifested cargo at any domestic port in 

lieu of any other port shown on the Cargo Declaration, if:

    (1) A written application for the diversion is made on the amended 

Cargo Declaration by the master, owner, or agent of the vessel to the 

director of the port where the vessel is located, after entry of the 

vessel at that port;

    (2) An amended Cargo Declaration, under oath, covering the cargo, 

which it is desired to divert, is furnished in support of the 

application and is filed in such number of copies as the port director 

shall require for local Customs purposes; and

    (3) The certified traveling manifest is not altered or added to in 

any way by the master, owner, or agent of the vessel. When an 

application under paragraph (c)(1) of this section is approved, the port 

director shall securely attach an approved copy of the amended manifest 

to the traveling manifest and shall send one copy of the amended Cargo 

Declaration to the director of the port where the vessel's bond was 

filed.

    (d) Retention of cargo on board for later return to the United 

States. If, as the result of a strike or other emergency at a United 

States port for which inward foreign cargo is manifested, it is desired 

to retain the cargo on board the vessel for discharge at a foreign port 

but with the purpose of having the cargo returned to the United States, 

an application may be made by the master, owner, or agent of the vessel 

to amend the vessel's Cargo Declaration, Customs Form 1302, under a 

procedure similar to that described in paragraph (c) of this section, 

except that a foreign port shall be substituted for the domestic port of 

discharge. If the application is approved, it shall be handled in the 

same manner as an application filed under paragraph (c) of this section. 

However, before approving the application, the port director is 

authorized to require such bond as he deems necessary to insure that 

export control laws and regulations are not circumvented.



[T.D. 77-255, 42 FR 56320, Oct. 25, 1977]