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(b) Vessels and rail shipments continuing in-transit movement.
(1) Vessels. In the case of a vessel carrying in-transit merchandise, the master's copies of the in-transit or in-bond manifest covering the merchandise given final Customs release at that port shall be retained by Customs at that port and the manifests covering merchandise to be discharged at subsequent ports of arrival shall be returned to the master of the vessel for presentation to Customs at the next port.
(2) Rail shipments. An in-transit rail shipment arriving at an intermediate port of reentry or exit intended for further in-transit movement through Canada may be permitted to go forward under the accompanying in-transit manifest after verification by Customs that the manifest satisfactorily identifies the shipment.
(c) Checking and breaking of seals.
(1) Checking seals. The Customs officer at the port of arrival shall check Customs seals applied to the conveyance or compartment for unlocked or missing seals. Where the seals are unlocked or missing, the merchandise shall be treated as having been imported from the transited country.
(2) Breaking seals. In-bond seals shall be broken only by a Customs officer or by a person acting under the direction of a Customs officer. Intransit seals may be broken by any carrier's employee, or by a consignee at any time or place after the merchandise under such seals has been released by Customs.
(d) Proper manifest. In-transit merchandise shall not be released until proper in-transit manifests are received except that it may be treated as imported merchandise.
(e) Substitution of merchandise. Any instance of substitution of merchandise shall be reported to the Commissioner of Customs, and the merchandise shall be detained.
(Sec. 554, 46 Stat. 743; 19 U.S.C. 1554)
Subpart D--SHIPMENTS IN TRANSIT THROUGH THE UNITED STATES
123.31 Merchandise in transit.
(a) From one contiguous country to another. Merchandise may be transported in transit across the United States between Canada and Mexico under the procedures set forth in Part 18 of this chapter for merchandise entered for transportation and exportation.
(b) From one point in a contiguous country to another through the United States. Merchandise may be transported from point to point in Canada or in Mexico through the United States in bond in accordance with the procedures set forth in sections 18.20 to 18.24 except where those procedures are modified by this subpart or subparts E for trucks transiting the United States, F for commercial traveler's samples, or G for baggage.
(Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553)
(a) Form and number of copies required. Three copies of the transportation entry and manifest on Customs Form 7512 shall be presented upon arrival of merchandise which is to proceed under the provisions of this subpart.
(b) Consolidated train manifest. When the route is such that a train will remain intact while proceeding through the United States, a consolidated train manifest containing the same information as is required on individual manifests may be used.
(c) Disposition of manifest form. One copy of the manifest shall be delivered to the person in charge of the carrier to accompany the conveyance and be delivered to the Customs officer at the final port of exit.
(Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553)
123.33 Sealable rail shipments at Canadian border.
No seals other than the green in-transit seals placed on cars prior to departure from Canada shall be required for sealable carload shipments arriving at frontier ports for in-bond movement through the United States and return to Canada if: (a) The sealing has been verified by Canadian customs officers, and (b) The seals are found to be properly attached and locked. (Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553)
123.34 Certain vehicle and vessel shipments.
In the following circumstances, the copy of Customs Form 7512 to be retained at the port of first arrival may be adapted for use as a combined inward foreign manifest and in-bond transportation or direct exportation entry:
(a) When all the merchandise arriving on one vehicle (except on trucks on the Canadian border) is to move in bond in the importing vehicle in a continuing movement through the United States; or
(b) When all the merchandise arriving on one vessel or on one vehicle (except on trucks on the Canadian border) is entered immediately upon arrival either under a single immediate transportation entry or a single transportation and exportation or direct exportation entry.
When Customs Form 7512 is to be used in this manner, the foreign port of lading and the name of the shipper shall be shown in every case, and a certificate in the following form shall be legibly stamped on the manifest or on a separate paper securely fastened thereto and executed by the master of the vessel or the person in charge of the vehicle:
This entry correctly covers all the merchandise on the vessel or vehicle, of which I am the master or person in charge, when it first arrived in the United States. If an error in the quantity, kind of article, or other details is discovered, I will immediately report the correct information to the district director of Customs.
(Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553)
Subpart E--UNITED STATES AND CANADA
123.41 Truck shipments transiting Canada.
(a) Manifest required. Sealable truckload and less than truckload shipments transiting Canada from point to point in the United States shall be manifested on Customs Form 7512-B, Canada 8-1/2. Trucks transiting Canada will be allowed to proceed without presentation of this in-transit manifest at the United States port of departure.
(b) Procedure at Canadian ports of arrival and exit. Truck shipments transiting Canada shall comply with Canadian customs regulations. These procedures are generally the following:
(1) Canadian port of arrival. The driver will present a manifest on Customs Form 7512-B, Canada 8-1/2, to the Canadian customs officer. The truck will be sealed unless sealing is waived by Canadian customs.
(2) Canadian port of exit. The driver will present the manifest to the Customs officer at the Canadian port of exit for certification. The Customs officer will verify that the seals are intact if the vehicle has been sealed, or if sealing has been waived that there are no irregularities. After verification and certification of the in-transit manifest by Canadian customs the truck will be allowed to proceed to the United States.
(c) Procedure at the United States port of reentry. The driver of a truck reentering the United States after transiting Canada shall present a copy of the combined inward foreign and in-transit manifest on Customs Form 7512-B, Canada 8-1/2, to the Customs officer. When this copy of the manifest does not bear the certification of a Customs officer at the Canadian port of exit, the driver shall be allowed to return to that port to obtain certification. The carrier will be permitted to break any seals affixed by Canadian customs upon presentation of a certified manifest. If sealing was waived, the United States Customs officer shall satisfy himself that the truck contains only that merchandise which moved on the truck from the United States through Canada.
(d) Proof of exportation from Canada. Upon request of the carrier at the port of reentry, a certified copy of the in-transit manifest presented at the time of reentry shall be furnished as proof of exportation of the shipment from Canada.
(Sec. 554, 46 Stat. 743; 19 U.S.C. 1554)
123.42 Truck shipments transiting the United States.
(a) Procedure at U.S. port of arrival.
(1) Combined inward foreign and in-transit manifest. Trucks with merchandise transiting the United States from point to point in Canada shall present a combined inward foreign and in-transit manifest on customs Form 7512-B, CR-123.11
Canada 8-1/2, to the customs officer at the port of arrival. The customs officer shall note on the form over his initials the seal numbers or the waiver of sealing, retain the original, and return three copies with the related customs Form 7512-C (duplicate) to the person in charge of the carrier to accompany the shipment for presentation and certification at the port of exit.
(2) Sealing or waiver of sealing. Trucks transiting the United States shall be sealed with red in-bond seals at the United States port of arrival unless sealing is waived in accordance with section 18.4 of this chapter. If a truck cannot be sealed effectively and sealing is deemed necessary to protect the revenue or to prevent violation of the Customs laws or regulations, the truck shall not be permitted to transit the United States under bond.
(b) Procedure at U.S. port of exit. The driver shall present the returned copies of the manifest and the related customs Form 7512-C (duplicate) to the customs officer at the U.S. port of exit. The customs officer shall check the numbers and condition of the seals and record and certify his findings on all copies of the manifest, returning two copies to the person in charge of the carrier. The check shall be made as follows:
(1) If the seals are intact, they shall be left unbroken unless there is indication that the contents should be verified.
(2) If the seals have been broken, or there is other indication that the contents should be verified, all merchandise shall be required to be unladen and a detailed inventory made against the waybills.
(3) If sealing has been waived, the Customs officer shall verify the goods against the accompanying waybills in sufficient detail to detect any irregularity. (Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553.)
Subpart F--COMMERCIAL TRAVELER'S SAMPLES IN TRANSIT
Commercial samples transported by automobile through Canada between ports in the United States.
(a) General provisions. A commercial traveler arriving at a United States frontier port desiring to transport his commercial samples by automobile through Canada to another place in the United States without displaying the samples in Canada may request a United States Customs officer at the port of departure to cord and seal the outer containers of the samples if they can be effectively corded and sealed.
(b) List of samples. The traveler shall furnish the United States Customs officer at the port of exit a list, in duplicate, of all the articles in the containers, with their approximate values, in substantially the following form:
SAMPLES CARRIED IN TRANSIT THROUGH CANADA IN PRIVATE VEHICLE
I have checked the quantity and values of the below-listed articles carried
and owned by
(Name and address of traveler)
(Name and address of Firm or Company)
When the traveler arrives at Customs with lists already prepared, the form may be inscribed "as per list attached."
(c) Checking, cording, and sealing by U.S. Customs officers. The Customs officer shall check the list with the articles and satisfy himself that the values shown are approximately correct. The Customs officer will cord and seal the containers with yellow in-transit seals. The traveler may be required to assist the Customs officer in the cording and sealing. The original of the list, signed by the Customs officer over his title and showing that the articles on the list have been checked by the officer against those in the containers shall be returned to the traveler for submission by him to Canadian customs upon his arrival in Canada.
(d) In-transit manifest. The traveler shall execute and file Customs Form 7533-B, in the original only, at the United States port of departure, as an intransit manifest covering the movement of the samples to the United States port through which the traveler will return. Descriptions, quantities, and values may be shown thereon by noting "Commercial Samples" and the number of corded and sealed containers. The manifest shall be returned to the traveler to accompany the samples after being signed and dated by the Customs officer.
(e) Presentation of in-transit manifest at United States port of reentry. Upon return to the United States, the traveler shall present Customs Form 7533-B and the corded and sealed samples to the United States Customs officer at the port where the samples are returned to this country. The Customs officer shall verify that there has been no irregularity.
(Sec. 554, 46 Stat. 743; 19 U.S. C. 1554)
123.52 Commercial samples transported by automobile through the United States between ports in Canada.
(a) General provisions. A commercial traveler arriving from Canada may be permitted to transport effectively corded and sealed samples in his automobile without further sealing in the United States, upon compliance with this section and subject to the conditions of section 18.20(b), since Customs bonded carriers as described in section 18.1 of this chapter are not considered to be reasonably available. Samples having a total value of not more than $200 may be carried by a nonresident commercial traveler through the United States without cording and sealing and without an in-transit manifest in accordance with section 148.41 of this chapter.
(b) Presentation of sample list at Canadian port of exit. A commercial traveler arriving from Canada desiring to transport without display in the United States commercial samples in his automobile through the United States to another port in Canada, may present his samples to a Canadian customs officer at the Canadian port of exit. The traveler will be required to furnish the Canadian customs officer a list in duplicate of all articles presented showing their approximate values. The list shall bear the traveler's name and address, and the name and address of the firm represented.
(c) Checking, cording, and sealing by Canadian customs officers. The Canadian customs officer will examine the articles, identify them with the list, and satisfy himself that the values shown are approximately correct. The Canadian customs officer will cord and seal the outer containers with uncolored intransit seals and authenticate the list of samples with his signature and title. Cording and sealing may be waived with the concurrence of United States and Canadian Customs officers.
(d) Treatment at United States port of arrival. The list of samples properly authenticated shall be submitted upon arrival to the United States Customs officer at the port of arrival. After ascertaining that the samples are effectively corded and sealed, or that sealing has been waived, notation of the number of corded and sealed containers, or of the waiver shall be made on the list of samples and the list shall be retained by the Customs officer as a record of the shipment.
(e) In-transit manifest. Movement of the samples from the port of arrival to the port of exit from the United States under this procedure shall be under an in-transit manifest on Customs Form 7520 executed and filed in triplicate by the traveler at the port of arrival in the United States. Descriptions, quantities, and values may be shown thereon by noting "Commercial Samples," the number of corded and sealed containers, and the approximate total value of the samples. When cording and sealing has been waived with the concurrence of a Canadian
customs officer, samples must be identified on the manifest by suitable itemized descriptions and approximate values, or by attaching to the manifest a copy of the list of samples which has been initialled by the Customs officer.
(f) Presentation of samples and manifest at United States port of exit. The manifest on Customs Form 7520 shall be presented to the Customs officer at the United States port of exit, together with the samples covered. If the seals are broken or cording and sealing has been waived, the Customs officer shall verify that there are no irregularities.
(Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553.)
123.61 Baggage arriving in baggage car.
An inward foreign manifest on Customs Form 7533-A shall be used for all baggage arriving in baggage cars.
123.62 Baggage in possession of traveler.
For baggage arriving in the actual possession of a traveler, his declaration shall be accepted in lieu of an inward foreign manifest. (See sec. 123.3.)
123.63 Examination of baggage from Canada or Mexico.
(a) Opening vehicle or compartment to examine baggage. Customs officers shall not unlock a vehicle or compartment thereof for the purpose of examining baggage unless the owner or operator refuses to unlock such vehicle or compartment.
(b) Inspection of baggage. Customs officers shall not open baggage for the purpose of making the inspection required by section 461, Tariff Act of 1930 (19 U.S.C. 1461), but shall detain such baggage until its owner or his agent opens or refuses to open it. If the owner or his agent refuses to open the baggage, it shall be opened and examined in accordance with the provisions of section 462, Tariff Act of 1930 (19 U.S.C. 1462), unless a request is received from the owner or his agent to make other proper disposition thereof. (Sec. 461, 462, 46 Stat. 717, 718; 19 U.S.C. 1461, 1462)
123.64 Baggage in transit through the United States between ports in Canada or in Mexico.
(a) Procedure. Baggage in transit from point to point in Canada or Mexico through the United States may be transported in bond through the United States in accordance with the procedures set forth in sections 18.13, 18.14, and 18.20-18.24 of this chapter except where those procedures are modified by this section.
(b) In-transit manifest. Three copies of the manifest on customs Form 7520 shall be required. One copy of the Form 7520 and related customs Form 7512-C (duplicate) shall be delivered to the person in charge of the carrier to accompany the baggage and shall be delivered by the carrier to the customs officer at the port of departure from the United States.
(c) Consolidated train manifest. When the route is such that a train carrying baggage in bond will remain intact while proceeding through the United States, a consolidated train manifest containing the same information as is required on individual manifests may be used in lieu of individual manifests on Customs Form 7520.
(d) Baggage cards.
(1) Baggage arriving from Mexico. For baggage arriving at a port on the Mexican border for in-transit movement through the United States in bond and return to Mexico, the in-transit baggage card described in section 18.14 of this chapter shall be used.
(2) Baggage arriving from Canada. For baggage arriving at a port on the Canadian border for in-transit movement through the United States in bond and return to Canada, the joint United States-- Canada in-transit baggage card, Customs Form 7524, Canada A-21, shall be used. The baggage card will be filled out and securely attached to the baggage and the attachment verified by a Canadian customs officer before the baggage leaves Canada. If the joint in-transit baggage card is found to be improperly prepared or attached upon arrival of the baggage in the United States for movement in bond, the carrier may be required CR-123.14