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and regulations administered by the Plant Quarantine Division, Agricultural Re-
(b) Narcotics and other articles prohibited admission into the commerce of
(c) Articles in transit manifested merely as drugs, medicines, or chemicals, TD 39308.
18.22 Procedure at port of exit.--(a) If transfer is necessary, the procedure TDs 37340, 48505. shall be as prescribed in section 18.3 (d).
(b) Upon the arrival at the port of exit of express shipments of articles shown by the manifest, customs Form 7512, to the baggage and to be deliverable to the owner on board the exporting vessel, such articles may be transferred by the express company, without a permit from the collector and without the use of a transfer ticket or other customs formality, from its terminal to the exporting vessel for lading under customs supervision, if the express company is bonded as a common carrier and is responsible under its bond for the delivery of the articles to the customs officer in charge of the exporting vessel. The manifest shall show the name of the owner of the baggage and the name of the vessel on which he intends to sail. (Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553.)
18.23 Change of destination; change of entry.--(a) The foreign destination of TDs 20909, 37340. such merchandise may be changed by the parties in interest upon notice to the 37460, 40351, 48505. collector at the port of exit from the United States. The collector at the port of exit, in his discretion, may report the application for a change of foreign destination to the collector at the port of entry.
(b) Such merchandise may be entered for consumption or warehouse or under TDs 17688, 49600, any other form of entry. If the merchandise is subject on importation to quaran- 52492. tine and regulations administered by the Bureau of Entomology and Plant Quarantine, it shall be entered for consumption or warehouse only upon written permission of, or under regulations issued by, that Bureau. (See sections 12.10 - 12.15 of this chapter). (Sec, 553, 46 Stat, 742, as amended; 19 U.S.C. 1553.)
18.24 Retention of goods on dock; splitting of shipments.--(a) Upon written TDs 37340, 37460, application of a party in interest and the written consent of the owner of the dock, 48106(4), the district director of customs, in his discretion, may allow in-transit mer
48505, 52169, 71-70.
(b) The splitting up of a shipment for exportation shall be permitted when ex- TD 71-70.
9 "Any entered or unentered merchandise (except merchandise entered under section 557 of this Act, but including merchandise entered for transportation in bond or for exportation) which shall remain in customs custody for one year from the date of importation thereof, without all estimated duties and storage or other charges thereon having been paid, shall be considered unclaimed and abandoned to the Government ***." (Tariff Act of 1930, sec. 491, as amended; 19 U.S.C. 1491.)
EXPORTATION 10 FROM CUSTOMS CUSTODY OF MERCHANDISE UNENTERED
MERCHANDISE DENIED ADMISSION BY THE GOVERNMENT
TDs 46858, 48505, 50648, 52570, 52662, 53098, 53792, 53893, 71-70, 73-135,
TDs 47555, 52482, 72-258.
18.25 Direct exportation.--(a) Except as otherwise provided for in subpart F of Part 145 of this chapter, relating to exportations by mail, when no entry has been made or completed for merchandise in Customs custody, or when the mer. chandise is covered by an unliquidated consumption entry, or when merchandise which has been entered in good faith is found to be prohibited under any law of the United States, and such merchandise is to be exported directly without trans. portation to another port, four copies of Customs Form 7512 shall be filed. If a TIR carnet covers the merchandise which is to be exported directly without transportation, the carnet shall be discharged or canceled, as appropriate (see Part 114 of this chapter), and four copies of Form 7512 shall be filed. The district director may require an extra copy or copies of Form 7512 to be furnished for use in connection with delivery of the merchandise to the carrier named in the entry.
(b) An exportation bond on customs Form 7557, 7559, or other appropriate form shall be required with the entry, provided a consumption entry bond on customs Form 7551 or 7553 or other appropriate form was not previously given. (See also sec. 158.45.)
(c) If the merchandise has been landed or is transferred from one vessel to another and has not been entered for consumption or, in the case of goods entered for consumption and rejected, such export declaration as required by section 30.3(a)(2) of the Foreign Trade Statistics Regulations (15 CFR 30.3(a)(2)) shall be filed.
(d) If the merchandise is exported in the importing vessel without landing, representative of the exporting carrier who has knowledge of the facts shall certify that the merchandise entered for exportation was not discharged during the vessel's stay in port. A charge shall be made against the vessel term bond, customs Form 7569, if on file, or a vessel bond on customs Form 7567 shall be given as in the case of residue cargo for foreign ports. If the merchandise is covered by a TIR carnet, the carnet shall not be taken on charge (see section 114.22(c) (2) of this chapter).
(e) Gunpowder and other explosive substances, the deposit of which in any public store or bonded warehouse is prohibited by law, may be entered on arrival from a foreign port for immediate exportation in bond by sea, but shall be transferred directly from the importing to the exporting vessel.
TDs 53399, 68-299.
TDs 47555, 53893, 71-70.
TDs 55801, 71-70.
18.26 Indirect exportation.--(a) When merchandise of the character enumerated in section 18.25(a) is to be transported in bond to another port for exportation, it may be entered for transportation and exportation in accordance with the procedure in section 18.20. No bond on customs Form 7557 or 7559 shall be required as the bond of the importing carrier is sufficient to insure the safekeeping of the merchandise pending its exportation. In the case of merchandise prohibited entry by any Government agency, that fact shall be prominently noted on customs Form 7512 for the information of the district director of customs at the port of exportation. If the merchandise was imported under cover of a TIR carnet, the carnet shall be discharged or canceled at the port of importation and the merchandise transported under an entry on customs Form 7512 (see section 18.25).
(b) The merchandise shall be forwarded in accordance with the general provisions for transportation in bond, sections 18.1-18.8.
(c) If the merchandise is to be transferred after arrival at the selected port of exportation, the procedure prescribed in section 18.3 (d) shall be followed. The provisions of sections 18.23 and 18.24 shall also be followed in applicable
18.27 Port marks.-- Port marks may be added by authority of the collector and under the supervision of a customs officer. The original marks and the port marks shall appear in all papers pertaining to the exportation.
10 "If any merchandise entered or withdrawn for exportation without payment of the duties thereon, or with intent to obtain a drawback of the duties paid, or of any other allowances given by law on the exportation thereof, is relanded at any place in the United States without entry therefor having been made, the same shall be considered and created as having been imported into the United States contrary to law, and all persons concerned therein and such merchandise shall be liable to the same penalties as are prescribed by section 593 of this Act. ''(Tariff Act of 1930, sec, 589; 18 U.S.C. 544.)
MERCHANDISE NOT OTHERWISE SUBJECT TO CUSTOMS CONTROL
EXPORTED UNDER COVER OF A TIR CARNET
18.41 Applicability.--The provisions of sections 18.41 through 18.45 apply TDs 71-70, 71-263. only' to merchandise to be exported under cover of a TIR carnet for the convenience of the U.S. exporter or other party in interest and do not apply to merchandise otherwise required to be transported in bond under the provisions of this chapter. Merchandise to be exported under cover of a TIR carnet for the convenience of the U.S. exporter or other party in interest may be transported with the use of the facilities of either bonded or nonbonded carriers,
18.42 Direct exportation.--At the port of exportation, the container or road TD 71-70. vehicle, the merchandise, and the TIR carnet shall be made available to the district director of customs, Any required export declarations shall be filed in accordance with the applicable regulations of the Bureau of the Census (15 CFR Part 30) and the Office of Export Control (15 CFR Part 386). The district director shall examine the merchandise to the extent he believes necessary to determine that the carnet has been properly completed and shall verify that the container or road vehicle has the necessary certificate of approval or approval plate intact and is in satisfactory condition. After completion of any required examination and supervision of loading, the district director shall cause the container or road vehicle to be sealed with customs seals and ascertain that the TIR plates are properly affixed and sealed. (See section 18.4a.) In the case of heavy or bulky goods moving under cover of a TIR carnet, the district director shall cause a customs seal or label, as appropriate, to be affixed. He shall also remove two vouchers from the carnet, execute the appropriate counterfoils, and return the carnet to the carrier or agent to accompany the merchandise.
18.43 Indirect exportation.--(a) When merchandise is to move from one U.S. TD 71-70. port to another for actual exportation at the second port, any export declarations required to be validated shall be filed in accordance with the port of origin procedure described in the applicable regulations of the Bureau of the Census and of the Office of Export Control,
(b) The district director shall follow the procedure provided in section 18.42 in respect to examination of the merchandise, supervision of loading, sealing or labeling, and affixing of TIR plates. He shall remove one voucher from the carnet, execute the appropriate counterfoil, and return the carnet to the carrier or agent to accompany the container or road vehicle to the port of actual exportation,
(c) At the port of actual exportation, the carnet and the container (or heavy or bulky goods) or road vehicle shall be presented to the district director who shall verify that seals or labels are intact and that there is no evidence of tampering. After verification, the district director shall remove the appropriate voucher from the carnet, execute the counterfoil, and return the carnet to the carrier or agent.
18.44 Abandonment of exportation.-- In the event that exportation is abandoned TD 71-70. at any time after merchandise has been placed under cover of a TIR carnet, the carrier or agent shall deliver the carnet to the nearest customs office or to the customs office at the port of origin for cancellation (see section 114.261c) of this chapter). When the carnet has been canceled, the carrier or agent may remove customs seals or labels and unload the container (or heavy or bulky goods) or road vehicle without customs supervision.
18.45 Supervision of exportation.-- The provisions of sections 18.41 through TD 71-70. 18.44 do not require the district director of customs at the port of actual exportation to verify that merchandise moving under cover of a TIR carnet is loaded on board the exporting carrier.
(4th Rev. - Nov, 1971)
Part 19.--CUSTOMS WAREHOUSES, CONTAINER STATIONS, AND
CONTROL OF MERCHANDISE THEREIN
Authority: Sections 19.1 to 19.28 issued under R.S. 161, as amended, 251 sec. 624
46 Stat. 759; 5 U.S.C.22 19 U.S.C. 66 1624, Statutory provisions inter-
19.1 Classes of customs warehouses.--(a) Customs warehouses shall be TDs 22184, 48465, designated according to the following classifications:
50974,53550, 55974, Class 1.--Premises owned or leased by the Government and used for the storage of merchandise undergoing examination by the appraiser, under seizure, or pending final release from customs custody.' Unclaimed merchandise stored in such premises shall be held under "general order."'?
1"Any premises owned or leased by the Government and used for the storage of merchandise for the final release of which from customs custody a perinit has not been issued shall be known as a 'public store.'" (Tariff Act of 1930. sec. 561; 19 U. S. C. 1561.)
2 "The Secretary of the Treasury may cause to be set aside any available space in a building used as a customhouse for the storage of bonded merchandise or inay lease preinises for the storage of unclaimed merchandise or other imported merchandise required to be stored by the Government, and set aside a portion of such leased premises for the storage of bonded merchandise: Provided, That no part of any premises owned or leased by the Government may be used for the storage of bonded merchandise at any port at which a public bonded warehouse has been established and is in operation. All the premises so leased shall be leased on public account and the storage and other charges shall be deposited and accounted for as customs receipts, and the rates therefor shall not be less than the charges for storage and similar services made at such port of entry by commercial concerns for the storage and handling of merchandise. No collector or other officer of the customs shall own, in whole or in part, any bonded warehouse or enter into any contract or agreement for
(Footnote 2 continued on page CR-380)