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Authority: R.S. 251, as amended, secs. 551, 565, 624, 46 Stat, 742, as amended,
747, as amended, 759; 19 U.S.C. 66, 1551, 1565, 1624.
This part sets forth regulations providing for the bonding of carriers which TD 73-140. will receive merchandise for transportation in bond, and the licensing of cartmen and lightermen for the cartage of merchandise entered for warehouse, designated for examination, or taken into custody as unclaimed, and the procedures in applying for such bonds or licenses. This part also sets forth the regulations concerning the obtaining of identification cards by cartmen and lightermen, and their employees and the procedures for revoking or suspending licenses and identification cards. Provisions setting forth the duties and responsibilities of cartmen and lightermen are set forth in Part 125 of this chapter.
When used in this part, the following terms shall have the meaning indicated:
(a) Carrier. A "carrier" is one who undertakes to transport goods, merchandise or people.
(b) Cartman. A "cartman" is one who undertakes to transport goods or merchandise within the limits of the port.
(c) Common carrier. A ''common carrier" is a carrier owning or operating a railroad, steamship, or other transportation line or route which undertakes to transport goods or merchandise for all of the general public who choose to employ him.
(d) Contract carrier. A "contract carrier" is a carrier which undertakes to transport specific goods or merchandise for a specific person or group of persons, and is authorized to operate as such by any agency of the United States.
(e) Freight forwarder. A "freight forwarder" is one who engages in the business of dispatching shipments on behalf of other persons, for a consideration, in foreign or domestic commerce between the United States, its territories or possessions, and foreign countries, and of handling the formalities incident to such shipments, and is authorized to operate as such by any agency of the United States.
(f) Lighterman. A "lighterman" is one who transports goods or merchandise on a barge, scow, or other small vessel to or from a vessel within the port, or from place to place within a port.
(8) Private carrier. Ą "private carrier" is a carrier of his own goods or merchandise.
(a) Carriers. A bond provided for in this partis required to transact business as a carrier receiving merchandise for transportation in bond.
(b) Cartmen and lightermen. A bond and license provided for in this part are required to transact business as a cartman or lighterman for the cartage or lighterage of merchandise entered for warehouse, designated for examination, taken to container stations, or taken into custody as unclaimed.
Subpart B--AUTHORIZATION OF CARRIERS TO CARRY
112.11 Carriers which may be authorized.
(a) From port to port in the United States. The district director may authorize the following types of carriers to receive merchandise for transportation in bond from one port to another in the United States upon compliance with the provisions of this subpart:
(1) Common carriers.
(i) The private carrier is the proprietor of a Customs bonded warehouse;
(ii) The merchandise to be transported is his property, having been imported by him or purchased from another importer; and
(iii) The merchandise is to be transported from the port of importation or port of entry for warehouse to the private carrier's Customs bonded warehouse for physical deposit, or from the private carrier's Customs bonded warehouse to another Customs bonded warehouse for physical deposit, or, if for ex. portation, from a Customs bonded warehouse of which the private carrier is the proprietor to a Customs bonded warehouse at the port of exportation.
(b) Between ports in Canada or Mexico through the United States. Canadian and Mexican motor vehicle common carriers may be authorized to transport merchandise under bond between ports in Canada or Mexico through the United States (see Part 123 of this chapter), upon compliance with the provisions of this subpart.
112.12 Application for authorization.
(a) General requirements. All carriers and freight forwarders desiring to be authorized to receive merchandise for transportation in bond shall file with the district director concerned a bond on Customs Form 3587 (except private car. riers which file on Customs Form 3588 and airline companies which have the option to file a consolidated aircraft bond, Customs Form 7605 or the Customs Form 3587), in a sum specified by the district director accompanied by a fee of $50. A check or money order shall be made payable to the United States Customs Service,
(b) Special requirements. In addition to the requirements in paragraph (a) of this section, the specified carriers shall also file with the district director the following documents:
(1) Common carriers other than railroad, steam ship or airline companies. Common carriers other than railroad, steam ship, or airline companies generally known to be engaged in common carriage, shall file a certified extract of its articles of incorporation or charter showing that it is authorized to engage in common carriage, and a statement that it is operating or intends to operate as a common carrier.
(2) Contract carriers and freight forwarders. Contract carriers and freight forwarders shall file a certificate from the appropriate agency of the United States showing that the applicant is authorized to operate as a contract carrier or freight forwarder by that agency and a statement showing that the applicant is operating or intends to operate as such.
(3) Private carriers. If the private carrier is the proprietor of Customs bonded warehouses in two or more Customs districts to which imported merchandise will be transported, he shall file the bond with the district director for one of such districts, accompanied by a statement showing the location of each such warehouse and an additional copy of the bond for each additional district.
(4) Motor carriers. All motor carriers shall file:
(i) A detailed description of the terminal facilities employed by the principal at the points of origin and destination on the routes covered; and
(ii) A statement showing that facilities are available for the segregation and safeguarding of the packages designated by the district director for examination from a particular shipment.
112.13 Approval of applications.
The district director shall approve an application for authorization as carriers of bonded merchandise and the bond filed, authorizing the applicant to act as a carrier of bonded merchandise provided he is satisfied that:
(a) The amount of the bond is sufficient.
(b) All documents required by this subpart have been furnished and are in proper form; and
(c) The fee prescribed has been paid.
112.14 Discontinuance of carrier bonds.
Carrier bonds may be discontinued at any time by the Commissioner of Customs
or by the district director of the district where the bond is filed. Authorized carriers desiring to terminate such bonds shall make application therefor to such district director.
112.15 Publication of approvals and discontinuances of carrier bonds.
Approvals and discontinuances of carrier's bonds will be published from time to time in the weekly Customs Bulletin.