TD 75-194.

TD 75-194.

TD 75-194.

TD 75-194.

Administrator, but not to exceed a period of 30 days, or such extended period, not in excess of 30 additional days, as the district director for good cause may specially authorize. An application of the importer or his agent requesting an extension of the initial 30-day period shall be filed with the district director at the port of entry.

(c) Disposition of pesticides or devices remaining under detention. A shipment that remains detained or undisposed of due to failure of presentment of a completed Notice of Arrival or nonreceipt of an order of the Administrator as to its disposition shall be treated as a prohibited importation. The district director shall cause the destruction of any such shipment not exported by the consignee within 90 days after the expiration of the detention period specified or authorized pursuant to section 12.113(b).

12.114 Release or refusal of delivery.--If the completed Notice of Arrival directs the district director of Customs to release the shipment of pesticides or devices, the shipment shall be released to the consignee. If the completed Notice of Arrival directs the district director to refuse delivery of the shipment, the shipment shall be refused delivery and treated as a prohibited importation. The district director shall cause the destruction of any shipment refused delivery and not exported by the consignee within 90 days after notice of such refusal of delivery.

12.115 Release under bond.--If the completed Notice of Arrival so directs, a shipment of pesticides or devices shall be detained at the importer's expense by the district director of Customs pending an examination by the Administrator to determine whether the shipment complies with the requirements of the Act. However, a shipment detained for examination may be released to the consignee prior to a determination by the Administrator provided a bond is furnished on Customs Form 7551, 7553, or 7595 for the return of the merchandise to Customs custody. The bond shall be in the amount required under section 113.14 of this chapter. When a shipment of pesticides or devices is released to the consignee under bond, the shipment shall not be used or otherwise disposed of until the determination is made by the Administrator.

12.116 Samples.-- Upon the request of the Administrator, either on the completed Notice of Arrival or otherwise, the district director of Customs shall deliver to the Administrator samples of the imported pesticides or devices, together with all accompanying labels, circulars and advertising matter pertaining to such merchandise. The district director shall notify the consignee, in writing, that the samples of imported pesticides or devices, together with all accompanying labels, circulars and advertising matter pertaining to such merchandise have been delivered to the Administrator.

12.117 Procedure after examination.--(a) Merchandise complying with the Act. If, upon examination or analysis of a sample from a shipment of pesticides or devices, the sample is found to be in compliance with the Act, the Administrator shall notify the district director of Customs that the shipment may be released to the consignee.

(b) Merchandise not complying with the Act. If, upon examination or analysis of a sample from a shipment of pesticides or devices, the sample is found to be in violation of the Act, the consignee shall be notified promptly by the Administrator of the nature of the violation and be given a reasonable time, not to exceed 20 days, to submit written material or, at his option, to appear before the Administrator and introduce testimony, to show cause why the shipment should not be destroyed or refused entry. If, after consideration of all the evidence presented, it is still the opinion of the Administrator that the merchandise is in violation of the Act, the Administrator shall notify the district director of this opinion and the district director shall either (1) refuse delivery to the consignee, or (2) if the shipment has been released to the consignee under bond, demand redelivery of the shipment under the terms of the bond. If the merchandise is not redelivered within 30 days after the date of demand by the district director, the district director shall assess liquidated damages in the full amount of the bond. The district director shall cause the destruction of any merchandise refused delivery to the consignee, or redelivered by the consignee pursuant to a demand therefor, and not exported by the consignee within 90 days after notice of such refusal of delivery or within 90 days after such redelivery, as applicable.

CR-302-N

TD 73-175 DELETED:

Part 13.-- EXAMINATION, MEASUREMENT, AND TESTING OF CERTAIN PRODUCTS,

Part 14.--APPRAISEMENT,

and

Part 16.--LIQUIDATION OF DUTIES

Pages CR-303 thru CR-323 & CR-335 thru CR-351 Deleted.

Part 18.--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT

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 provisions interpreted or applied and special rule making authorities are cited to text in parentheses.

GENERAL PROVISIONS

18.1 Carriers; application to bond.--(a) (1) Merchandise to be transported from one port to another in the United States in bond, except as provided for in paragraph (b) of this section, shall be delivered to a common carrier, contract carrier, freight forwarder, or private carrier bonded for that purpose, but such merchandise delivered to a common carrier, contract carrier, or freight forwarder may be transported with the use of facilities of other bonded or nonbonded carriers. For the purposes of this section, the term "common carrier" means a common carrier of merchandise owning or operating a railroad, steamship, or other transportation line or route. Only vessels entitled to engage in the coastwise trade (see section 4.80 of this chapter) shall be entitled to transport merchandise under this section.

CCL 32/56; TDs

40578, 40631, 41760, 42783, 45303,

45690(6), 47505(1X2), 48418, 48505, 49258,

51590, 52123, 53385,

53399, 55466, 55734,

55801, 56107, 69-14, 69-19, 70-121, 71–70, 73-140.

(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 merchandise not otherwise subject to Customs control, as provided in sections 18.41

1

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

TD 69-19.

TDs 37341, 41283, 41284, 41332,

48505, 53893, 53989, 71-70.

TDs 45804, 70-121, 71-22, 71-70.

TDs 37341, 53336,

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 transported 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, 1936,2 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)

18.2 Receipt by carrier; manifest.--(a) When merchandise is delivered to a bonded carrier for transportation in bond, the merchandise shall be laden on the conveyance under the supervision of a customs officer unless the transporting 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)

Date

(b) A customs in-bond document containing a description of the merchandise 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 separate set shall be prepared for each conveyance.

(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 Form 7512-C (duplicate) to the district director as a notice of arrival of the merchandise. If the in-bond manifest is lost in transit, the in-bond carrier will be responsible for obtaining copies of the original.

(Sec. 551, 46 Stat. 742, as amended; 19 U.S.C. 1551.)

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 merchandise 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. 1551a.)

CR-364