[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: 19CFR4.41]



[Page 45]

 

                        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.  4.41  Cargo of wrecked vessel.



    (a) Any cargo landed from a vessel wrecked in the waters of the 

United States or on the high seas shall be subject at the port of entry 

to the same entry requirements and privileges as the cargo of a vessel 

regularly arriving in the foreign trade. In lieu of a Cargo Declaration, 

Customs Form 1302, to cover such cargo, the owner, underwriter (if the 

merchandise has been abandoned to him), or the salvor of the merchandise 

shall make entry on Customs Form 7501, and any such applicant shall be 

regarded as the consignee of the merchandise for Customs purposes. \76\

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    \76\ ``* * * The underwriters of abandoned merchandise and the 

salvors of merchandise saved from a wreck at sea or on or along a coast 

of the United States may be regarded as the consignees.''* * * (Tariff 

Act of 1930, sec. 483; 19 U.S.C. 1483)

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    (b) All such merchandise shall be taken into possession by the 

director of the port where it shall first arrive and be retained in his 

custody pending entry. If it is not entered by the person entitled to 

make entry, or is not disposed of pursuant to court order, it shall be 

subject to sale as unclaimed merchandise.

    (c) If such merchandise is from a vessel which has been sunk in 

waters of the United States for 2 years or more and has been abandoned 

by the owner, any person who has salvaged the cargo shall be permitted 

to enter the merchandise at the port where the vessel was wrecked free 

of duty upon the facts being established to the satisfaction of the 

director of the port of entry. \77\ Any other such merchandise is 

subject to the same tariff classification as like merchandise regularly 

imported in the ordinary course of trade.

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    \77\ ``Whenever any vessel laden with merchandise, in whole or in 

part subject to duty, has been sunk in any river, harbor, bay, or waters 

subject to the jurisdiction of the United States, and within its limits, 

for the period of two years and is abandoned by the owner thereof, any 

person who may raise such vessel shall be permitted to bring any 

merchandise recovered therefrom into the port nearest to the place where 

such vessel was so raised free from the payment of any duty thereupon, 

but under such regulations as the Secretary of the Treasury may 

prescribe.'' (Tariff Act of 1930, sec. 310; 19 U.S.C. 1310)

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    (d) If the merchandise is libeled for salvage, \78\ the port 

director shall notify the United States attorney of the claim of the 

United States for duties, and request him to intervene for such duties.

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    \78\ Salvors have an uncertain interest in the goods salved, 

dependent upon the decree of a competent tribunal, and have a 

presumptive right without such decree to possession of merchandise 

salved by them from abandoned wrecks. The salvors are entitled in either 

case to make entry of derelict or wrecked goods.

    79-96 [Reserved]



[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-255, 42 FR 56321, 

Oct. 25, 1977; T.D. 87-75, 52 FR 20066, May 29, 1987; T.D. 95-77, 60 FR 

50010, Sept. 27, 1995; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]



                          Passengers on Vessels