Part 18.--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT GENERAL PROVISIONS WAREHOUSE AND REWAREHOUSE WITHDRAWALS FOR TRANSPORTATION Sec. STATES TO FOREIGN COUNTRIES Sec. Sealing conveyances and compartments; labeling packages; warning cards, 18,4a Containers or road vehicles accepted for transport under customs sea; requirements, 18.5 Diversion, 18.6 Short shipments; shortages; entry and allowance, 18.7 Lading for exportation, verification of, 18.8 Liability for shortage, irregular delivery, or nondelivery, penalties. 18.9 Examination by inspectors of trunk line associa tions or agents of the Interstate Commerce Commission. 18.10 Kinds of entry. 18.10a Special manifest. IMMEDIATE TRANSPORTATION WITHOUT APPRAISEMENT 18.11 Entry; classes of goods for which entry is author ized; form used. 18.12 Entry at port of destination. MERCHANDISE NOT OTHERWISE SUBJECT TO CUSTOMS CONTROL EXPORTED UNDER 18.13 18.14 18.15 SHIPMENT OF BAGGAGE IN BOND 18.41 18.42 18.43 18.44 18.45 Applicability. Authority: Sections 18.1 to 18.31 issued under R.S. 161, as amended, 251, Section 624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624, Statutory pro- GENERAL PROVISIONS 18.1 Carriers; application to bond.--(a) (1) Merchandise to be transported CCL 32/56; TDs from one port to another in the United States in bond, except as provided for in 40578, 40631, 41760, paragraph (b) of this section, shall be delivered to a common carrier, contract 42783, 45303, carrier, freight forwarder, or private carrier bonded for that purpose, but such 45690(6), 47505(1x2.) 48418, 48505, 49258, merchandise delivered to a common carrier, contract carrier, or freight for- 51590, 52123, 53385, warder may be transported with the use of facilities of other bonded or nonbonded 53399, 55466, 55734, carriers. For the purposes of this section, the term "common carrier" means a 55801, 56107, 69-14, common carrier of merchandise owning or operating a railroad, steamship, or 69=19, 70-121, 71-70, other transportation line or route. Only vessels entitled to engage in the coast- 73–140. wise trade (see section 4.80 of this chapter) shall be entitled to transport merchandise under this section. (2) Merchandise to be transported from one port to another in the United TDs 71-70, 71-263, States under cover of a TIR carnet (see Part 114 of this chapter), except mer. chandise not otherwise subject to Customs control, as provided in sections 18.41 1 TD 69-19. Under such regulations and subject to such terms and conditions as the Secretary of the Treasury shall prescribe- (1) any common carrier of merchandise owning or operating a railroad, steamship, or other transportation line or route for the transportation of merchandise in the United States, (2) any contract carrier authorized to operate as such by any agency of the United States, and (3) any freight forwarder authorized to operate as such by any agency of the United States, upon application, may, in the discretion of the Secretary, be designated as a carrier of bonded merchandise for the final release of which from customs custody a permit has not been issued. A private carrier, upon application, may. in the discretion of the Secretary, be designated under the preceding sentence as a carrier of bonded merchandise, subject to such regulations and, in the case of each applicant, to such special terms and conditions as the Secretary may prescribe to safeguard the revenues of the United States with respect to the transportation of bonded merchandise by such applicant. (19 U.S.C. 1551.) CR-363 through 18.45 of this part, shall be delivered to a common carrier or contract carrier bonded for that purpose, but the merchandise thereafter may be trans. ported with the use of other bonded or nonbonded common or contract carriers, The TIR carnet shall be responsible for liability incurred in the carriage of merchandise under the carnet, and the Carrier's Bond shall be responsible as provided in section 114.22(c)(3) of this chapter. (b) Pursuant to Public Resolution 108, of June 19, 1936,? and subject to compliance with all other applicable provisions of this part, the collector of customs at New York, upon the request of the party in interest, may permit merchandise entered and examined for customs purposes to be transported in bond between the ports named in the resolution by bonded cartmen or lightermen duly qualified in accordance with the provisions of part 21, if the collector is satisfied that the transportation of such merchandise in this manner will not endanger the revenue. (Sec, 551, 46 Stat, 742, as amended; 49 Stat. 1538; 19 U.S.C. 1551, 1551a) Date 18.2 Receipt by carrier; manifest.--(a) When merchandise is delivered to a TDs 37341, 41283, 41284, 41332, bonded carrier for transportation in bond, the merchandise shall be laden on the 48505, 53893, 53989, conveyance under the supervision of a customs officer unless the transporting 71-70. conveyance is not to be sealed with customs seals or the lading inspector accepts the check of the carrier as to the merchandise laden thereon. The carrier's receipt shall be given immediately to the lading inspector on the customs in-bond document (the appropriate customs Form 7512 or 7520, or the TIR carnet) covering the merchandise. In the case of a TIR carnet, the receipt shall be given on the appropriate vouchers in the following form: Received the cargo listed herein for delivery to Customs at the indicated port of destination or exportation, or for direct exportation, Name of Carrier (or Exporter) Attorney or Agent of Carrier (or Exporter) TDs 45804, 70-121, (b) A customs in- bond document containing a description of the merchandise 71-22, 71-70. shall be prepared by the carrier or shipper and signed by the agent of the carrier whenever merchandise is being transported in bond. All copies of the in-bond document shall be signed by the importing carrier or his agent and the in-bond carrier or his agent to indicate the quantity delivered for transportation in bond. When there is no discrepancy between the quantity manifested by the importing carrier and the quantity delivered to the in- bond carrier, the district director of customs may authorize waiving the signature of the parties in interest as to delivered quantities. Except as prescribed in Subpart D of Part 123 of this chapter, relating to merchandise in transit through the United States between ports in contiguous foreign territory, a separate set shall be prepared for each entry and, if the consignment is contained in more than one conveyance, a sep. arate set shall be prepared for each conveyance. TDs 37341, 53336, (c) After the merchandise has been laden and the in-bond carrier or his agent 53531, 53792, 54429, has receipted the in-bond document, either customs Form 7512 or customs 71-70. Form 7520, in duplicate, or the TIR carnet, together with the related customs Form 7512-C (duplicate), shall be delivered as a manifest to the conductor, master, or person in charge to accompany the merchandise to destination. If more than one conveyance is used to transport merchandise, the customs Form 7512-C (duplicate) shall accompany the first conveyance, and two copies of customs Form 7512 shall accompany each conveyance as a manifest of the merchandise transported by that conveyance. A TIR carnet (see section 18.3(b)) shall not be used if more than one conveyance is required. TDs 69-19, 71-70. (d) Upon arrival of the merchandise at the port of destination, the delivering carrier shall promptly surrender the in-bond manifest and related customs 2 "The Secretary of the Treasury be, and he is hereby, authorized, when it appears to him to be in the interest of commerce, and notwithstanding any provision of law or regulation requiring that the transportation of imported mere chandise be by a bonded common carrier, to permit such merchandise which has been entered and examined for customs purposes to be transported by bonded cartmen or bonded lightermen between the ports of New York, Newark, and Perth Amboy, which are all included in Customs Collection District Numbered 10 (New York): Provided, That this resolution shall not be construed to deprive any of the ports affected of its rights and privileges as a port of entry."' (19 U.S.C. 15518) CR-364 (e) In addition to the foregoing, any entry for immediate transportation TD 71-70. presented at the port of arrival for merchandise to be transported in bond by a private carrier shall be accompanied by a commercial invoice setting forth the particulars of the merchandise and a statement in the following form verified by the district director of the district in which is located the warehouse to which the merchandise is to be carried: The undersigned hereby requests permission to transport under the provisions of his carrier's bond, dated on file at the port of the merchandise described in the attached invoice from the port of to his warehouse located at Warehouse Proprietor Date and Carrier Invoice and statement verified: 18.3 Trans shipment;3 transfer by bonded cartman.--(a) When bonded mer- TDs 41283, 47505(1), 48505, chandise in one conveyance is to be trans shipped under Customs supervision to 51035, 51215, 34880, another single conveyance while en route to the port of destination or exportation, 71-70. the in-bond document which accompanied the merchandise shall be presented to the district director of Customs at the place of trans shipment for execution of a certificate of transfer thereon. The in-bond document shall be returned to the carrier to accompany the merchandise to the port of destination or exportation. Except as provided in paragraph (c), merchandise covered by a TIR carnet shall not be transshipped if the trans shipment involves the unlading of the merchandise from a container or road vehicle. (b) When bonded merchandise, other than merchandise covered by a TIR car- TDs 46188, 54880, net, is to be trans shipped into more than one conveyance, the carrier, agent of 71-70. the shipper, or forwarder shall prepare, for each such conveyance, two additional copies of the Customs Form 7512 which accompanied the merchandise to the place of transshipment. The Form 7512 and Customs Form 7512-C (duplicate) which accompanied the shipment to the place of trans shipment shall be presented to the district director there. The Customs officer supervising the trans shipment shall execute a certificate of transfer on all copies of the Form 7512. The original copies of the Form 7512 and related Form 7512-C (duplicate) shall be delivered to the conductor, master, or person in charge of the first conveyance. Two additional copies of the Form 7512 shall be similarly delivered to the person in charge of each additional conveyance in which the merchandise is forwarded for delivery to the district director at the port of destination or exportation, (c) Merchandise covered by a TIR carnet may be transshipped in a case in- TDs 32086, 43576, volving the unlading of the merchandise from a container or road vehicle only 47639(6), 71-70, if the transshipment is necessitated by casualty en route. In the event of transshipment, a TIR approved container or road vehicle shall be used if available. If the transshipment takes place under Customs supervision, the Customs officer shall execute a certificate of transfer on the appropriate TIR carnet voucher. (d) If it becomes necessary at any point in transit to remove the Customs TDs 47505(2), seals from a conveyance or container containing bonded merchandise for the 51035, 71-70. purpose of transferring its contents to another conveyance or container, or to gain access to the shipment because of casualty or for other good reason, and it cannot be done under Customs supervision because of the element of time involved or because there is no Customs officer stationed at such point, a responsible agent of the carrier may remove the seals, supervise the transfer or handling of the merchandise, seal the conveyance or container in which the shipment goes forward, and make appropriate notation of his action on the conductor's or master's copy of the manifest, or the outside back cover of the TIR carnet, including the date, serial numbers of the new seals applied, and the reason therefor. This authorization shall not apply in any case not involving a real emergency. (e) All transfers to or from the conveyance or warehouse of merchandise TD 71-70. undergoing transportation in bond shall be made under the provisions of Part 21 3 Por provisions for transshipment or unlading due to accident or other casualty, see sec, 4.31 of these regulations, CR-364-A or а of these regulations and at the expense of the parties in interest, unless the Car. rier's Bond TIR carnet is liable for the safekeeping and delivery of the merchandise while it is being transferred, (Secs, 551, 565, 46 Stat, 742, as amended, 747; 19 U.S.C. 1551, 1565.) TDs 40852, 18.4 Sealing conveyances and compartments; labeling packages; warning 47071(10), 48505, cards.--(a) (1) Except as provided in section 123.33 of this chapter, conveyances 52039, 53057, 70-121, or compartments in which carload lots of bonded merchandise are transported 71-70, 77-30, shall be sealed under Customs supervision with high security red in-bond Customs 77-160. seals, or if incapable of being so sealed, with red in-bond Customs seals. When the compartment or conveyance cannot be effectively sealed, as in the case of merchandise shipped in open cars or barges, or on the decks of vessels, or when it is known that any seals would necessarily be removed outside the jurisdiction of the United States for the purpose of discharging or taking on cargo, or when it is known that the breaking of the seals will be necessary to ventilate the hatches, or in other similar circumstances, such sealings may be waived with the consent of the carrier and an appropriate notation of such waiver shall be made on the manifest. The Commissioner of Customs may authorize the waiver of sealing of conveyances or compartments in which bonded merchandise is transported in other cases when in his opinion the sealing thereof is unnecessary to protect the revenue or to prevent violations of the Customs laws and regulations. |
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