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114.33 Action against carnet user.
In the event of fraud, violation, or abuse of the privileges of a Convention, action may be taken against the users of carnets for applicable duties and charges or liquidated damages, as the case may be, Penalties to which such persons have thereby rendered themselves liable may also be imposed.
114.34 Cancellation of erroneous charges
(a) TIR carnet.--When it is determined that liquidated damages assessed or paid for any shortage, irregular delivery, or nondelivery of merchandise covered by a TIR carnet did not in fact accrue, the liquidated damages shall be cancelled by the district director and, if paid, refunded, as provided by section 18.8 of this chapter.
(b) A.T.A. or E.C.S. carnet.--When it is determined that liquidated damages assessed or paid for failure to properly reexport or destroy merchandise temporarily imported under cover of an A.T.A. or E.C.S. carnet did not in fact accrue, the liquidated damages shall be cancelled by the district director and, if paid, refunded as provided by section 10.39 of this chapter.
(c) Determination dependent upon a construction of law.--When the determina. tion of whether or not the charge was erroneously made depends upon a construction of law, the charge shall not be cancelled without the approval of the Commissioner of Customs, unless there is in force a ruling by the Commissioner of Customs decisive of the issue. Approval of the Commissioner shall be requested in all doubtful cases. (See section 172.31 of this chapter.)
Subpart F--COMMERCIAL TRAVELERS SAMPLES IN
other domestic railroad equipment. 123.14 Entry of foreign-based trucks, busses, and taxi
cabs in international traffic. 123.15 Vehicles of foreign origin used between commun
ities of the United States and Canada or Mexico, 123,16 Entry of returning trucks, busses, or taxi cabs in
international traffic, 123,17 Foreign repairs to domestic trucks, busses,
taxicabs and their equipment,
or tunnels between the United States and Canada
through Canada between ports in the United
through the United States between ports in
between ports in Canada or in Mexico.
Mexico between ports in the United States.
Subpart C--SHIPMENTS IN TRANSIT THROUGH CANADA
OR MEXICO Sec, 123.21 Merchandise in transit. 123,22 In-transit manifest, 123.23 Train sheet for in-transit rail shipments, 123.24 Sealing of conveyances or compartments, 123.25 Certification and disposition of manifests. 123.26 Transshipment of merchandise moving through
Canada or Mexico. 123,27 Feeding and watering animals in Canada,
Subpart Ho-MISCELLANEOUS PROVISIONS
Authority: The provisions of this Part 123 issued under R.S. 251, sec, 624,
46 Stat. 759, 77A Stat, 14; 5 U.S.C. 301, 19 U.S.C. 66, 1202 (Gen. Hdnte, 11), 1624. Additional authority is cited in the text or following the sections affected.
This part contains special regulations pertaining to Customs procedures at TD 70-121, the Canadian and Mexican borders. Included are provisions governing report of arrival, manifesting, unlading and lading, instruments of international traffic, shipments in transit through Canada or Mexico or through the United States, commercial traveler's samples transiting the United States or Canada, and baggage arriving from Canada or Mexico including baggage transiting the United States or Canada or Mexico, Aircraft arriving from or departing for Canada or Mexico are governed by the provisions of Part 6 of this chapter. The arrival of vessels of less than 5 net tons by sea and of all vessels 5 net tons or over, and the clearance of all vessels departing for Canada or Mexico are governed by the provisions of Part 4 of this chapter.
Subpart A--GENERAL PROVISIONS
123.1 Report of arrival from Canada or Mexico and permission to proceed.
(a) Persons. Any person arriving otherwise than in a vessel or vehicle from Canada or Mexico, who is importing or bringing in baggage or merchandise with him, shall immediately report his arrival to the Customs officer at the port of entry or custom house nearest the place at which the boundary was crossed and shall not proceed until permission to proceed is granted.
(b) Vehicles. The person in charge of every vehicle arriving in the United States from Canada or Mexico, whether or not the vehicle is carrying passengers, baggage, or merchandise, shall immediately report arrival to the Customs officer at the port of entry or customhouse nearest the place at which the boundary was crossed and shall not proceed until permission to proceed is granted, (c) Vessels.
(1) Less than 5 net tons arriving otherwise than by sea. The master of every vessel of less than 5 net tons arriving from Canada or Mexico otherwise than by sea, if carrying baggage or other merchandise, shall immediately report arrival to the Customs officer at the port of entry or customhouse nearest the point at which the vessel entered the territorial waters of the United States and shall not proceed until permission to proceed is granted,
(2) Other vessels. For requirements applicable to vessels of less than 5 net tons arriving by sea, and to vessels of 5 net tons or over, see sections 4.2 and 4.3 of this chapter. (Sec. 459, 46 Stat. 717, as amended; 19 U.S.C. 1459)
123.2 Penalty for failure to report arrival or for proceeding without a permit.
(a) Vehicles. Whether or not a vehicle is carrying passengers, baggage, or merchandise, the penalty of $100 imposed by section 460, Tariff Act of 1930, as amended (19 U.S.C. 1460), for failure to report or for proceeding inland without a permit applies.
(b) Vessels of less than 5 net tons. The penalty imposed by section 460, Tariff Act of 1930, as amended (19 U.S.C. 1460), for failure to report or for proceeding inland without a permit applies only when such vessels are carrying baggage or merchandise. (Sec. 460, 46 Stat. 717, as amended; 19 U.S.C. 1460)
123.3 Inward foreign manifest required.
(a) General requirement. Baggage or other merchandise carried on a vehicle or on a vessel of less than 5 net tons arriving otherwise than by sea from Canada or Mexico shall be listed on a manifest as prescribed by section 123.4. Vessels which are required to make entry under section 4.3 of this chapter because they are arriving by sea or are 5 net tons or over shall have manifests on board as provided in section 4.7(a) of this chapter.
(b) Exception where in possession of traveler. When baggage arrives in the actual possession of a traveler, his declaration will be accepted in lieu of a manifest. Merchandise imported by a person otherwise than in a vessel or vehicle need not be covered by a manifest but shall be presented for inspection, and entry shall be made in accordance with the applicable laws and regula. tions, (Sec. 459, 46 Stat. 717, as amended; 19 U.S.C. 1459) 123.4 Inward foreign manifest forms to be used.
The inward foreign manifest required by section 123.3 for a vehicle or a vessel of less than 5 net tons arriving in the United States from Canada or Mexico otherwise than by sea with baggage or merchandise, shall be on Customs Forum 7533, except as provided for shipments in transit in Subparts C, D, E, F, and G, and in the following special cases:
(a) For merchandise free of duty entered on Customs Form 7523, the same form may be used as a manifest in lieu of other forms. (See sec, 143,23 of this chapter.)
TDI 73_175, 75-105,
(b) For dutiable merchandise not exceeding $250 in value entered on Customs Form 5119-A, the same form may be used as a manifest in lieu of other forms. (See section 143.21 of this chapter.) The district director may also allow such merchandis to be entered informally upon the presentation of a commercial invoice which contains the following declaration, signed by the importer or his agent:
"I declare that the injormation on this invoice is accurate to the best of my knowledge and belief: that live invoice quancities are true and correct manifest quantities; and that I have not received and do not know of any invoice ocher than this one,"
(c) for a shipment not exceeding $250 in value consisting of articles of American origin entered free of duty under the provisions of section 10.1(f) and imported in a vehicle, Customs Form 3311 used in entering the goods, in duplicate, may be accepted in lieu of a manifest.
(d) For baggage arriving in baggage cars, Customs Form 7533-A shall be used. (See subpart of this part.) 123.5 Certification and filing of inward foreign manifest.
The manifest listing baggage and other merchandise, certified by the master of the vessel or the person in charge of the vehicle, shall be presented to the Customs officer at the time the report of arrival is made. It shall be filed in the original only, unless additional copies are required in this part.
123.6 Train sheet for arriving railroad trains.
The conductor of a railroad train arriving from Canada or Mexico shall present to the Customs officer at the port of arrival individual car manifests and a train sheet, sometimes called a consist, bridge sheet or trip sheet, listing each car and showing the car numbers and initials, 123.7 Manifest used as an entry for unconditionally free merchandise valued not
When a shipment not exceeding $250 in value which is unconditionally free of duty and not subject to quota or to internal revenue tax arrives on a vessel of less than 5 net tons arriving otherwise than by sea, the inward foreign manifest on Customs Form 7533 may be presented in duplicate and used as an entry if:
(a) No merchandise for a different entrant is listed on the same page of the manifest,
(b) The country of exportation of the merchandise, its value, and the provision of law under which free entry is claimed are noted thereon, and
(c) Evidence of the right to make entry is furnished as required by section 141.11 of this chapter. (Sec. 498(a), 46 Stat. 728, as amended; 19 U.S.C. 1498(a))
123.8 Permit or special license to unlade or lade a vessel or vehicle.
(a) Permission to unlade or lade. Before any passenger or merchandise, including baggage, may be landed or discharged from any vessel of less than 5 net tons arriving from Canada or Mexico by any route, or from a vehicle, permission to unlade shall be obtained from a Customs officer, Permission to un. lade at night, on a Sunday or holiday, or to lade at night on a Sunday or holiday merchandise requiring Customs supervision, shall be obtained from the district director of Customs, Permission to unlade is not required for a vessel of less than 5 net tons arriving otherwise than by sea carrying no baggage or other merchandise, For permission to unlade or lade for vessels of 5 net tons or over, see section 4.30 of this chapter. (b) Application for permit or special license to unlade or lade,
(1) Permit to unlade during regular hours. Application for a permit to unlade any vehicle or a vessel of less than 5 net tons may be made and permission may be granted orally. The district director of Customs may require that the application and permission to unlade be on Customs Form 3171.
(2) Special license to unlade or lade at night, on a Sunday or holiday. Application for permission to unlade passengers or merchandise from, or lade any merchandise requiring Customs supervision on, a vessel of less than 5 net tons or a vehicle arriving from or departing for Canada or Mexico by any route at night, on a Sunday or holiday, and requests for any reimbursable overtime services shall be made on Customs Form 3171, In the diacretion of the district di