[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: 19CFR4.39]



[Page 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.  4.39  Stores and equipment of vessels and crews' effects; unlading 

or lading and retention on board.



    (a) The provisions of Sec.  4.30 relating to unlading under a permit 

on Customs Form 3171 are applicable to the unlading of articles, other 

than cargo or baggage, which have been laden on a vessel outside the 

Customs territory of the United States, regardless of the trade in which 

the vessel may be engaged at the time of unlading, except that such 

provisions do not apply to such articles which have already been 

entered.

    (b) Any articles other than cargo or baggage landed for delivery for 

consumption in the United States shall be treated in the same manner as 

other imported articles. A notation as to the landing of such articles, 

together with the number of the entry made therefor, shall be made on 

the vessel's store list, but such notation shall not subject the 

articles to the requirement of being included in a post entry to the 

manifest.

    (c) Bags or dunnage constituting equipment of a vessel may be landed 

temporarily and reladen on such vessel under Customs supervision without 

entry.

    (d) Articles claimed to be sea or ships' stores which are in excess 

of the reasonable requirements of the vessel on which they are found 

shall be treated as cargo of such vessel.

    (e) Under section 446, Tariff Act of 1930, port directors may permit 

narcotic drugs, except smoking opium, in reasonable quantities and 

properly listed as medical stores to remain on board vessels if 

satisfied that such drugs are adequately safeguarded and used only as 

medical supplies.

    (f) Application for permission to transfer bunkers, stores or 

equipment as provided for in the proviso to section 446, Tariff Act of 

1930, shall be made and the permit therefor granted on Customs Form 

3171.

    (g) Equipment of a vessel arriving either directly or indirectly 

from a foreign port or place, if in need of repairs in the United 

States, may be unladen from and reladen upon the same vessel under the 

procedures set forth in Sec.  4.30 relating to the granting of permits 

and special licenses on Customs Form 3171 (CF 3171). Adequate protection 

of the revenue is insured under the appropriate International Carrier 

Bond during the period that equipment is temporarily landed for repairs 

(see Sec.  113.64(b) of this chapter), and so resort to the procedures 

established for the temporary importation of merchandise under bond is 

unnecessary. Once equipment which has been unladen under the terms of a 

CF 3171 has been reladen on the same vessel, potential liability for 

that transaction existing under the bond will be extinguished.



[28 FR 14596, Dec. 31, 1963, as amended by T.D. 93-66, 58 FR 44130, Aug. 

19, 1993; T.D. 00-61, 65 FR 56790, Sept. 20, 2000]