[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: 19CFR4.38]



[Page 42-44]

 

                        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.  4.38  Release of cargo.



    (a) No imported merchandise shall be released from Customs custody 

until a permit to release such merchandise has been granted. Such permit 

shall be issued by the port director only after the merchandise has been 

entered and, except as provided for in Sec.  141.102(d) or part 142 of 

this chapter, the duties thereon, if any, have been estimated and paid. 

Generally, the permit shall consist of a document authorizing delivery 

of a particular shipment or an electronic equivalent. Alternatively, the 

permit may consist of a report which lists those shipments which have 

been authorized for release. This alternative cargo release notification 

may be used when the manifest is not filed by the carrier through the 

Automated Manifest System, the entry has been filed through the 

Automated Broker Interface, and Customs has approved the cargo for 

release without submission of paper documents after reviewing the entry 

data submitted electronically through ABI and its selectivity criteria 

(see Sec.  143.34). The report shall be posted in a conspicuous area to 

which the public has access in the customhouse at the port of entry 

where the cargo was imported.

    (1) Where the cargo arrives by vessel, the report shall consist of 

the following data elements:

    (i) Vessel name or code, if transmitted by the entry filer;

    (ii) Carrier code;

    (iii) Voyage number, if transmitted by the entry filer;

    (iv) Bill of lading number;

    (v) Quantity released; and

    (vi) Entry number (including filer code).

    (2) Where the cargo arrives by air, the report shall consist of the 

following data elements:

    (i) Air waybill number;

    (ii) Quantity released;

    (iii) Entry number (including filer code);

    (iv) Carrier code; and

    (v) Flight number, if transmitted by the entry filer.

    (3) In the case of merchandise traveling via in-bond movement, the 

report will contain the following data elements:

    (i) Immediate transportation bond number;

    (ii) Carrier code;

    (iii) Quantity released; and

    (iv) Entry number (including filer code).



When merchandise is released without proper permit before entry has been



[[Page 43]]



made, the port director shall issue a written demand for redelivery. The 

carrier or facility operator shall redeliver the merchandise to Customs 

within 30 days after the demand is made. The port director may authorize 

unentered merchandise brought in by one carrier for the account of 

another carrier to be transferred within the port to the latter 

carrier's facility. Upon receipt of the merchandise the latter carrier 

assumes liability for the merchandise to the same extent as though the 

merchandise had arrived on its own vessel.

    (b) When packages of merchandise bear marks or numbers which differ 

from those appearing on the Cargo Declaration, Customs Form 1302, of the 

importing vessel for the same packages and the importer or a receiving 

bonded carrier, with the concurrence of the importing carrier, makes 

application for their release under such marks or numbers, either for 

consumption or for transportation in bond under an entry filed therefor 

at the port of discharge from the importing vessel, the port director 

may approve the application upon condition that (1) the contents of the 

packages be identified with an invoice or transportation entry as set 

forth below and (2) the applicant furnish at his own expense any bonded 

cartage or lighterage service which the granting of the application may 

require. The application shall be in writing in such number of copies as 

may be required for local Customs purposes. Before permitting delivery 

of packages under such an application, the port director shall cause 

such examination thereof to be made as will reasonably identify the 

contents with the invoice filed with the consumption entry. If the 

merchandise is entered for transportation in bond without the filing of 

an invoice, such examination shall be made as will reasonably identify 

the contents of the packages with the transportation entry.

    (c) If the port director determines that, in a port or portion of a 

port, the volume of cargo handled, the incidence of theft or pilferage, 

or any other factor related to the protection of merchandise in Customs 

custody requires such measures, he shall require as a condition to the 

granting of a permit to release imported merchandise that the importer 

or his agent present to the carrier or his agent a fully executed pickup 

order in substantially the following format, in triplicate, to obtain 

delivery of any imported merchandise:

[GRAPHIC] [TIFF OMITTED] TC14NO91.167





[[Page 44]]







The pickup order shall contain a duly authenticated customhouse broker's 

signature, unless it is presented by a person properly identified as an 

employee or agent of the ultimate consignee. When delivered quantities 

are verified by a Customs officer, he shall certify all copies of the 

pickup order, returning one to the importer or his agent and two to the 

carrier making delivery.

    (d) When the provisions of paragraph (c) of this section are invoked 

by the port director and verification of delivered quantities by Customs 

is required, a permit to release merchandise shall be effective as a 

release from Customs custody at the time that the delivery of the 

merchandise covered by the pickup order into the physical possession of 

a subsequent carrier or an importer or the agent of either is completed 

under the supervision of a Customs officer, and only to the extent of 

the actual delivery of merchandise described in such pickup order as 

verified by such Customs officer.



[28 FR 14596, Dec. 31, 1963, as amended by T.D. 71-39, 36 FR 1892, Feb. 

3, 1971; T.D. 77-255, 42 FR 56321, Oct. 25, 1977; T.D. 91-46, 56 FR 

22330, May 15, 1991; 56 FR 27559, June 14, 1991]