[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: 19CFR4.60]



[Page 46-47]

 

                        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.  4.60  Vessels required to clear.



    (a) Unless specifically excepted by law, the following vessels must 

obtain clearance from the Customs Service before departing from a port 

or place in the United States:

    (1) All vessels departing for a foreign port or place;

    (2) All foreign vessels departing for another port or place in the 

United States;

    (3) All American vessels departing for another port or place in the 

United States that have merchandise on board that is being transported 

in-bond (not including bonded ship's stores or supplies), or foreign 

merchandise for which entry has not been made; and

    (4) All vessels departing for points outside the territorial sea to 

visit a hovering vessel or to receive merchandise or passengers while 

outside the territorial sea, as well as foreign vessels delivering 

merchandise or passengers while outside the territorial sea.

    (b) The following vessels are not required to clear:

    (1) A documented vessel with a pleasure license endorsement or an 

undocumented American pleasure vessel (i.e., an undocumented vessel 

wholly owned by a United States citizen or citizens, whether or not it 

has a certificate of number issued by the State in which the vessel is 

principally used under 46 U.S.C. 1466-1467 and not engaged in trade nor 

violating the Customs or navigation laws of the United States and not 

having visited any hovering vessel (see 19 U.S.C. 1709(d)).

    (2) Any documented vessel with a Great Lakes license endorsement 

which during a voyage on the Great Lakes will touch at a foreign port 

only for taking on bunker fuel. (see Sec.  4.82).

    (3) A vessel exempted from entry by section 441, Tariff Act of 1930. 

(See Sec.  4.5.)

    (4) A vessel of less than 5 net tons which departs from the United 

States



[[Page 47]]



to proceed to a contiguous country otherwise than by sea.

    (c) Vessels which will merely transit the Panama Canal without 

transacting any business there shall not be required to be cleared 

because of such transit.

    (d) In the event that departure is delayed beyond the second day 

after clearance, the delay shall be reported within 72 hours after 

clearance to the port director who shall note the fact of detention on 

the certificate of clearance and on the official record of clearance. 

When the proposed voyage is canceled after clearance, the reason 

therefor shall be reported in writing within 24 hours after such 

cancellation and the certificate of clearance and related papers shall 

be surrendered.

    (e) No vessel shall be cleared for the high seas except, a vessel 

bound to another vessel on the high seas to--

    (1) Transship export merchandise which it has transported from the 

U.S. to the vessel on the high seas; or

    (2) Receive import merchandise from the vessel on the high seas and 

transport the merchandise to the U.S.



[28 FR 14596, Dec. 31, 1963, as amended by T.D. 79-276, 44 FR 61956, 

Oct. 29, 1979; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 85-91, 50 

FR 21429, May 24, 1985; T.D. 94-24, 59 FR 13200, Mar. 21, 1994; T.D. 95-

77, 60 FR 50010, Sept. 27, 1995; T.D. 00-4, 65 FR 2873, Jan. 19, 2000]