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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 customhouse 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.
(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 custom house 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.
(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 regulations.
(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 Form 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.)
(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 merchandise 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 mormation on this invoice is accurate to the best of my knowledge and belief; that the invoice quantities are true and correct manifest quantities; and that I have not received and do not know of any invoice other 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 G 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 over $250.
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 unlade 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 discretion of the district diCR-123.3
TDS 73-175, 75-105,
rector of Customs and under such conditions as he may deem advisable the application may be made orally for vessels of less than 5 net tons and vehicles not carrying persons or property for hire, but requests for reimbursable overtime services shall be on Customs Form 3171. The district director may authorize Customs inspectors to approve the request for overtime services and to grant oral permission to unlade or lade.
(c) Cash deposit or bond for overtime services. A request for reimbursable overtime services shall not be approved unless the required cash deposit or bond on Customs Form 7567, 7569, or 7597 shall have been received. However, when a carrier has on file a bond on Customs Form 3587, no further bond shall be required if the merchandise, including baggage, is covered by an entry for transportation in bond.
(d) Term permit or special license. A permit or special license required by this section may be issued on a term basis in the manner, and under the conditions applicable, described in section 4,30(f) or (g) of this chapter. (Secs. 448, 450, 451, 452, 453, 454, 459, 46 Stat. 714, 715, as amended, 716, 717, as amended; 19 U.S.C. 1448, 1450, 1451, 1452, 1453, 1454, 1459)
123.9 Correction of manifest.
(a) Provisions applicable. The provisions of sections 440 and 584, Tariff Act of 1930, as amended (19 U.S.C. 1440 and 1584), relate, respectively, to post entry for correction of, and to penalties for falsity or lack of, a manifest. Those provisions are applicable to all vehicles and to vessels of less than 5 net tons arriving from a place outside the United States and required to file a manifest. The time limitations, requirements for notification, and the penalty provisions set forth in section 4.12 of this chapter with respect to the correction of vessel manifests are applicable to the correction of manifests of all vehicles and of vessels of less than 5 net tons arriving from a contiguous country otherwise than by sea, (b) Report of discrepancies. Post entry to add to a manifest any merchandise omitted from, or which does not agree with, the manifest may be made on a separate copy of the cargo manifest form marked or stamped "Post Entry." Correction of a manifest to delete merchandise not found on the vehicle or vessel at the time of arrival may be made by submission of a separate copy of the cargo manifest form marked or stamped "Shortage Declaration." Such copies shall list the merchandise involved and state the reasons for the discrepancy. If a copy of the cargo manifest is not so used, Customs Form 5931 shall be used for corrections of the manifest.
(c) Statement on manifest required. The Post Entry or Shortage Declaration shall bear a signed statement of the person in charge of the vehicle or vessel, or an authorized agent, reading, "I declare to the best of my knowledge and belief that the overage or shortage described herein occurred for the reasons stated, I also certify that evidence to support a claim of nonimportation or proper disposition of merchandise will be retained in the carrier's files for a period of at least 1 year and will be made available to Customs on demand."
Subpart B--INTERNATIONAL TRAFFIC
123.11 Supplies on international trains.
(a) Articles acquired abroad. Articles subject to internal revenue tax and other merchandise acquired abroad constituting supplies arriving on international trains crossing and recrossing the boundary line, for which the train crew elects not to file an inventory as provided for in paragraph (b) of this section, shall be subject to duty and tax unless locked or sealed in a separate compartment or locker upon arrival, and the lock or seal remains unbroken until the train departs from the United States at the final port of exit.
(b) Inventory procedure. Supplies acquired abroad for which internal revenue stamps are not required may be used in the United States under the following procedure:
(1) Port of arrival. An inventory executed in duplicate consisting of an itemized list showing the kind and quantity of each class of supplies on hand in the car with space for a parallel column in which to show at the port of exit the quantity used, shall be certified by the person in charge of the car and furnished to the Customs officer upon arrival. The Customs officer shall certify the correctness of both copies of the inventory, return the original to the person in
charge of the car, and retain the duplicate, or forward it to the port of exit if this differs from the port of arrival.
(2) Port of exit. Upon arrival at the port of exit, the inventory returned at the port of arrival to the person in charge of the car shall be submitted to the Customs officer after completion by showing the quantity of each item used in the United States, and being certified by the person in charge of the car. Entries must be filed and applicable duties and taxes paid at the port of exit on the quantity of supplies consumed in the United States.
(c) Supplies purchased in the United States. Supplies purchased in the United States shall be passed free of duty without inventory or entry. (Sec. 465, 46 Stat. 718; 19 U.S.C. 1465)
123.12 Entry of foreign locomotives and equipment in international traffic.
(a) Use on a continuous route. Foreign locomotives or other foreign railroad equipment in use on a continuous route crossing the boundary into the United States shall be admitted without formal entry or the payment of duty to proceed to and return from the end of the run, in accordance with the following:
(1) On inward trip. Unless formally entered and cleared through Customs into the United States, a foreign locomotive shall be used on the inward trip only in connection with taking the inbound train to the last place in a continuous haul, including the switching of cars which it has hauled into the United States. Other foreign railroad equipment may proceed to the place of complete unloading for any merchandise imported therein.
(2) On outward trip. Foreign locomotives may be used on the outward trip only in connection with through trains crossing the boundary, including switching to make up such trains. Other foreign railroad equipment may be used in such trains or for such local traffic as is reasonably incidental to its economical and prompt return to the country from which it entered in the United States.
(b) Admission of empty equipment. Empty foreign railroad equipment shall be admitted to the United States without formal entry and payment of duty only if the passengers or goods to be loaded are to be transported directly to or through the country from which the equipment entered the United States. (c) Use in violation of regulations. Any foreign locomotive and other foreign railroad equipment used in violation of this section shall be subject to forfeiture under the provisions of section 592, Tariff Act of 1930, as amended (19 U.S.C, 1592).
(d) Domestic and foreign locomotives and other railroad equipment defined. TD 73-73. For the purpose of this section and section 123.13, locomotives or other railroad equipment manufactured in, or regularly imported into, the United States, shall be considered "domestic" if not subsequently formally entered and cleared through foreign customs into another country, nor used in foreign local traffic otherwise than as an incident of the return of the equipment to the United States. Other locomotives and railroad equipment shall be considered "foreign". (Sec. 14, 67 Stat. 516; 19 U.S.C. 1322)