« AnteriorContinuar »
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 carriers 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, steamship or airline companies. Common carriers other than railroad, steamship, 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.
Subpart C--LICENSING OF CARTMEN AND LIGHTERMEN
112.21 License required.
A customhouse cartage or lighterage license issued by the district director in accordance with this part or specific authorization of the Commissioner of Customs shall be required to perform Customs cartage or lighterage, except as provided for in sections 18.3 and 125.12 of this chapter.
112.22 Application for license.
(a) General requirements. An applicant for a customhouse cartage or lighterage license shall file with the district director for the district in which he proposes to conduct business the following:
(1) A bond on Customs Form 3855 in a sum specified by the district director. (2) Payment of a fee of $100. A check or money order shall be made pay- TD 74-200, able to the United States Customs Service.
(3) If required by the district director, a list showing the names and addresses of the managing officers and members of the organization or of the persons who will receive or transport imported merchandise which has not been released from Customs custody, or a list of all such persons and their addresses.
(b) Special requirements.
(1) Cartman licensed by city or state. Any cartman licensed by city or State authorities shall present to the district director his city or State license, after which such documents shall be returned.
(2) Lighterman. A lighterman shall present his vessel's marine documents, if any have been issued, to the district director for examination, after which such documents shall be returned.
(c) Reapplication by certain terminated licensees. Where the applicant for a customhouse cartage or lighterage license has previously been issued such a license and the license has been terminated pursuant to section 113.56 of this chapter, the district director may waive the filing of the items described in paragraphs (a) (2) and (a) (3) of this section, as well as the investigation described in section 112.23, provided the application is made within 30 days of the effective date of the termination of the previous license. Any requirements waived by the district director under this paragraph will be deemed to have been complied with for purposes of section 112,24(b).
112.23 Investigation of applicant.
The district director may refer the application for a cartman's or lighterman's license to the Customs special agent in charge for the district in which the application is filed for investigation and report concerning the character, qualification, and experience of the applicant as well as the nature and fitness of the equipment to be used.
112.24 Issuance of license.
The district director shall issue a customhouse cartage and lighterage license on Customs Form 3857 provided he is satisfied that:
(a) The character, qualifications, and experience of the applicant and fitness of his equipment are satisfactory.
(b) The applicant has complied with all the requirements of section 112.22.
112.25 Bonded carriers.
A carrier or freight forwarder who has filed a carrier's bond, Customs Form 3587, or a carrier who has filed a private carrier's bond, Customs Form 3588, may be appointed or licensed as a Customs cartman or lighterman for a port for which such bond provides coverage, upon compliance with section 112,22. Investigation pursuant to section 112.23 may apply.
A license issued in accordance with this subpart shall remain in force and effect until the license is suspended or revoked pursuant to section 112.30 or until the required bond is terminated pursuant to section 113.56 of this chapter. 112.27
Marking of vehicles and vessels.
(a) Marking required. Every vehicle licensed by Customs for cartage and every barge, scow, or other lighter licensed by Customs for lighterage shall be marked with the legend "Customhouse License No.", and the name of the person or firm to whom the license has been issued. The abbreviated legend "C.H.L. No._____" may be used.
(b) Size of marking. The marking required by this section shall appear in letters and figures not less than 3 inches high.
(c) Place of marking.
(1) Carts, trucks, drays, and other vehicles. Every cart, truck, dray, or other vehicle used for Customs cartage by a licensed cartman shall be marked with the required legend and name on each side by painting directly onto the vehicle, or by the permanent attachment of signs bearing the required marking. However, if such marking is found by the district director to be impractical, he may designate some other conspicuous place upon the vehicle where the marking shall appear.
(2) Barges, scows, lighters, and other vessels. Every barge, scow, lighter, or other vessel used for Customs lighterage by a licensed lighterman shall be conspicuously marked with the required legend and name.
(d) Removal of marking upon termination of license. The markings required by this section shall be removed upon termination of the license in accordance with the provisions of the bond, Customs Form 3855, or the cartman or lighterman shall be liable for the payment of liquidated damages as provided in such bond.
112.28 Production of license.
Inspectors or other Customs officers may require any person claiming to be a licensed customhouse cartman or lighterman to produce his license for inspection.
(a) Records of cartage and lighterage. The district director may require that licensed Customs cartmen and lightermen shall make, keep, and promptly submit for Customs inspection and examination upon request therefor such
current written records relating to cartage and lighterage as may be needed for purposes of local Customs administration.
(b) Current list of officers, members, or employees. The district director may require a licensee to furnish, at such times and intervals as the district director deems necessary, a current list showing the names and addresses of the managing officers and members of the organization or of the persons who will receive or transport imported merchandise which has not been released from Customs custody, or a list of all such persons and their addresses.
112.30 Suspension or revocation of license.
(a) Grounds for suspension or revocation of licenses. The district director may revoke or suspend the license of a cartman or lighterman if:
(1) His license is not promptly produced upon demand;
(2) His vehicle or vessel is not properly marked, as required by section
(3) The cartman or lighterman refuses or neglects to obey any proper order of a Customs officer or any Customs order, rule, or regulation relative to the cartage or lighterage of merchandise, including the making, keeping, and submitting of current written records relating to cartage and lighterage;
(4) The license was obtained through fraud or the misstatement of a material fact;
(5) The holder of such a license or an officer of a corporation holding such a license is convicted of a felony, or is convicted of a misdemeanor involving theft, smuggling, or a theft-connected crime;
(6) The holder of such license permits it to be used by any other person; (7) The holder of such license fails to surrender promptly, or satisfactorily explain the failure to surrender, to the district director, identification cards of persons no longer employed by him where identification cards are required pursuant to section 112.41;
(8) The holder of such license fails to furnish a current list of names and addresses of officers and members or employees when required by the district director pursuant to section 112.29;
(9) The holder is guilty of any negligence, dishonest or deceptive practices
or carelessness in the conduct of his business; or
(10) The district director determines that the bond is not sufficient in amount or lacks sufficient sureties, and a satisfactory new bond with good and sufficient sureties is not furnished within a reasonable time.
(b) Notice of revocation or suspension. The district director shall suspend or revoke a license by serving notice of the proposed action in writing upon the holder of the license. Such notice shall be in the form of a statement specifically setting forth the grounds for revocation or suspension of the license and shall be final and conclusive upon the licensee unless he shall file with the district director a written notice of appeal in accordance with paragraph (c) of this section.
(c) Notice of appeal. The licensee may file a written notice of appeal from the revocation or suspension within ten days following receipt of the notice of revocation or suspension. The notice of appeal shall be filed in duplicate, and shall set forth the response of the licensee to the statement of the district director. The licensee in his notice of appeal may request a hearing.
(d) Hearing on appeal.
(1) Notification of and time of hearing. If a hearing is requested, it shall be held before a hearing officer designated by the Secretary of the Treasury or his designee within 30 days following application therefor. The licensee shall be notified of the time and place of the hearing at least 5 days prior thereto.
(2) Conduct of hearing. The holder of the license may be represented by counsel at the revocation or suspension hearing. All evidence and testimony of witnesses in such proceeding, including substantiation of charges and the answer thereto, shall be presented with both parties having the right of cross-examination. A stenographic record of the proceedings shall be made and a copy thereof shall be delivered to the licensee. At the conclusion of such proceedings or review of a written appeal, the hearing officer or the district director, as the case may be, shall forthwith transmit all papers and the stenographic record of the hearing, if held, to the Commissioner of Customs, together with his recommendation for final action.
(3) Additional arguments. Following a hearing and within 10 calendar days after delivery of a copy of the stenographic record, the licensee may submit to