[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: 19CFR4.9]



[Page 22]

 

                        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.  4.9  Formal entry.



    (a) General. Section 4.3 provides which vessels are subject to 

formal entry and where and when entry must be made. The formal entry of 

an American vessel is governed by section 434, Tariff Act of 1930 (19 

U.S.C. 1434). The term ``American vessel'' means a vessel of the United 

States (see Sec.  4.0(b)) as well as, when arriving by sea, a vessel 

entitled to be documented except for its size (see Sec.  4.0(c)). The 

formal entry of a foreign vessel arriving within the limits of any 

Customs port is also governed by section 434, Tariff Act of 1930 (19 

U.S.C. 1434). Alternatively, information necessary for formal entry may 

be transmitted electronically pursuant to a system authorized by 

Customs.

    (b) Procedures for American vessels. Under certain circumstances, 

American vessels arriving in ports of the United States directly from 

other United States ports must make entry. Entry of such vessels is 

required when they have merchandise aboard which is being transported 

in-bond, or when they have unentered foreign merchandise aboard. For the 

purposes of the vessel entry requirements, merchandise transported in-

bond does not include bonded ship's stores or supplies. While American 

vessels transporting unentered foreign merchandise must fully comply 

with the usual formal entry procedures, American vessels carrying no 

unentered foreign merchandise but which have in-bond merchandise aboard 

may satisfy vessel entry requirements by making a required report of 

arrival, and presenting a completed Customs Form 1300 (Vessel Entrance 

or Clearance Statement). Report of arrival as provided in Sec.  4.2 of 

this part, together with presenting a completed Customs Form 1300 

(Vessel Entrance or Clearance Statement), satisfies all entry 

requirements for the subject vessels.

    (c) Delivery of foreign vessel document. The master of any foreign 

vessel will exhibit the vessel's document to the port director on or 

before the entry of the vessel. After the net tonnage has been noted, 

the document may be delivered to the consul of the nation to which such 

vessel belongs, in which event the vessel master will certify to the 

port director the fact of such delivery (see section 434, Tariff Act of 

1930, as amended (19 U.S.C. 1434), as applied through section 438, 

Tariff Act of 1930, as amended (19 U.S.C. 1438)). If not delivered to 

the consul, the document will be deposited in the customhouse. Whether 

delivered to the foreign consul or deposited at the customhouse, the 

document will not be delivered to the master of the foreign vessel until 

clearance is granted under Sec.  4.61. It will not be lawful for any 

foreign consul to deliver to the master of any foreign vessel the 

register, or document in lieu thereof, deposited with him in accordance 

with the provisions of 19 U.S.C. 1434 until such master will produce to 

him a clearance in due form from the director of the port where such 

vessel has been entered. Any consul violating the provisions of this 

section is liable to a fine of not more than $5,000 (section 438, Tariff 

Act of 1930, as amended; 19 U.S.C. 1438).

    (d) Failure to make required entry; penalties. Any master who fails 

to make entry as required by this section or who presents or transmits 

electronically any document required by this section that is forged, 

altered, or false, may be liable for certain civil penalties as provided 

under 19 U.S.C. 1436, in addition to penalties applicable under other 

provisions of law. Further, any vessel used in connection with any such 

violation is subject to seizure and forfeiture.



[T.D. 00-4, 65 FR 2873, Jan. 19, 2000; T.D. 00-22, 65 FR 16515, Mar. 29, 

2000]



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