Sec.

4.69 Shipping articles and enforcement of Seamen's Act.

4.70 Pratique.

4.71 Inspection of vessels carrying livestock. 4.72 Inspection of meat, meat-food products, and inedible fats.

4.78 Neutrality; exportation of arms and munitions.

4.74 Transportation orders.

4.75 Incomplete cargo declaration; incomplete export declarations; bond.

COASTWISE PROCEDURE

4.80 Vessels entitled to engage in coastwise trade.

4.808 Passengers on foreign vessels taken on board and landed in the United States.

4.81 Reports of arrivals and departures in coastwise trade.

4.81a Certain barges carrying merchandise transferred from another barge. 4.82 Touching at foreign port while in coastwise trade.

4.83 Trade between United States ports on the Great Lakes and other ports of the United States.

4.84 Trade with noncontiguous territory. 4.85 Vessels with residue cargo for domestic ports.

4.86 Intercoastal residue-cargo procedure; optional ports.

4.87 Vessels proceeding foreign via domestic ports.

4.88 Vessels with residue cargo for foreign ports.

4.89 Vessels in foreign trade proceeding via domestic ports and touching at intermediate foreign ports. 4.90 Simultaneous vessel transactions. 4.91 Diversion of vessel; transshipment of cargo.

4.92 Towing. 4.93 Coastwise transportation by certain vessels of empty vans, tanks, and barges, equipment for use with vans and tanks; empty instruments of international traffic; stevedoring equipment and material; procedures. GENERAL

4.94 Yacht privileges and obligations. 4.95 Records of entry and clearance of vessels.

4.97 Salvage vessels.

4.98 Navigation fees.

4.99 Forms; substitution.

4.100 Licensing of vessels of less than 30 net tons.

AUTHORITY: The provisions of this Part 4 issued under R.S. 251, secs. 2, 3, 23 Stat. 118, as amended, 119, as amended, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 19 U.S.C. 66, 1624, 46 U.S.C. 2, 3 General Hdnote 11, Tariff Schedules of the United States, unless otherwise noted.

SOURCE: The provisions of this Part 4 appear at 28 F.R. 14596, Dec. 31, 1963, unless otherwise noted.

NOTE 1: By T.D. 528886, 16 F.R. 12763, Dec. 20, 1951, the Commissioner of Customs waived compliance with the provisions of the navigation laws administered by the United States Customs Service to the extent necessary to permit the operation of vessels requisitioned by the United States for emergency evaluation.

NOTE 2: By Treasury Decision 53449, 19 F.R. 1420, Mar. 13, 1954, the Commissioner of Customs waived compliance with the navigation laws relating to clearances of vessels to the extent necessary to permit:

(1) The clearance for an unnamed destination of any vessel owned by, Governmentallocated to, or chartered by the Military Sea Transportation Service of the Department of Defense, other than those used on berthterm (shipping contract or Government billof-lading) arrangements, which is certified by the Commander of the Military Sea Transportation Service or his duly authorized representative as (a) in ballast or laden only with Department of Defense cargo, or (b) having on board passengers, each of whom is either a member of the Armed Forces or a civilian noncombatant employed by, serving with, or accompanying the Armed Forces of the United States;

(2) The clearance of any vessel with Department of Defense cargo on the basis of a manifest which describes that cargo only as of Department of

(Approximate quantity) Defense cargo."

NOTE 3: By Treasury Decision 53892, 20 F.R. 6792, Sept. 15, 1955, the Commissioner of Customs waived compliance with sections 289, 292. 316. and 883, title 46. United States Code, to the extent necessary to permit any dredge, tug, scow, barge, or other vessel of Canadian registry or flag, whether or not Canadian-built, to be employed in dredging. towing, the transportation of merchandise or passengers, or any combination of such activities, in spoil disposal operations or channel excavations for power purposes and in connection with the construction of the Iroquois Control Dam as a part of the St. Lawrence Power Project in territorial waters of the United States within the general areas (1) between points opposite Prescott, Ontario, and Doran Island and (2) between points opposite the powerhouse structure and the eastern end of Cornwall Island.

NOTE 4: By Treasury Decision 54230, 21 F.R. 8355, Nov. 1, 1956, the Commissioner of Customs waived compliance with sections 289, 292, 316, and 883, title 46. United States Code, to the extent necessary to permit any dredge, tug, scow, barge, or other vessel of Canadian registry or flag, whether or not Canadian-built, to be employed in dredging. towing, the transportation of merchandise or passengers. or any combintion of such activities, in connection with the construction of

the proposed high level Cornwall South Channel Bridge of the St. Lawrence Seaway Navigation Project in the general area of Massena and Rooseveltown, New York.

§ 4.0

ARRIVAL AND ENTRY OF VESSELS

General definitions.

For the purposes of this part:

(a) The word "vessel" includes every description of water craft or other contrivance used or capable of being used as a means of transportation on water, but does not include aircraft. (19 U.S.C. 1401.)

(b) The term "vessel of the United States" means any vessel documented under the laws of the United States.

(c) The term "documented" means registered, enrolled and licensed, or 11censed by the U.S. Coast Guard.

(d) The term "noncontiguous territory of the United States" includes all the island territories and possessions of the United States, but does not include the Canal Zone.

(e) The word "citizen" is as defined by the U.S. Coast Guard for purposes of vessel documentation (see Subpart 67.03 of Title 46, Code of Federal Regulations.) [T.D. 69-266, 34 F.R. 20422, Dec. 31, 1969]

1 "Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance." (19 U.S.C. 1581 (a))

"If the master of any vessel shall obstruct or hinder. or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $500." (R.S. 3068, sec. 307, 49 Stat. 528)

(b) Every vessel arriving within a customs collection district directly from a point outside the customs territory of the United States shall be boarded and shall be subject to such supervision while in port as the collector deems necessary. When he deems it desirable, the collector may detail customs officers to remain on board a vessel to secure the enforcement of this part. Except as provided in paragraph (a) of this section, boarding of a vessel arriving from another port in the United States with residue cargo, passengers, or baggage on board shall not be required unless preliminary entry is requested.

(c) No person, with or without the consent of the master, except a pilot, officer of the customs or Coast Guard, immigration officer, health officer, agent of the vessel, or consular officer, shall go on board or, except for the purpose of reporting the arrival of the vessel as required by law, leave any vessel arriving from outside the customs territory of the United States without permission of the collector of customs or the customs officer in charge until such vessel has been properly inspected by the customs and brought to the dock or anchorage at which cargo is to be laden or unladen and until all passengers and their baggage have been landed from the vessel; nor shall the master

2

2 "It shall not be lawful for the master of any such steamship or other vessel,* not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. (46 U.S.C. 158)

"The Secretary of the Treasury is authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been properly inspected and placed in security, and for that purpose to employ any of the officers of that department. Each person violating such regulations shall be subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both, in the discretion of the court. This section shall be construed as supplementary

of any vessel authorize the boarding or leaving of the vessel by any person in violation of this paragraph. Every person permitted to go on board shall be subject to customs and quarantine regulations.

(d) A collector of customs, in his discretion may issue a cutter pass on customs Form 3093 to permit the holder to board an incoming vessel after it has been inspected by the quarantine authorities and taken in charge by an officer of the customs, as follows: (1) To persons on official business; (2) to news reporters, newspaper photographers, photographers of established motionpicture companies, and broadcasters of established radio broadcasting companies; and (3) in cases of special exigency in which the collector is satisfied as to the urgent need for the boarding and that its allowance will not result in undue interference with the performance of official business.

(e) No person in charge of a tugboat, rowboat, or other vessel shall bring such conveyance alongside an incoming vessel heretofore described and put on board thereof any person, except as authorized by law or regulations.

on customs

(f) Upon application Form 3137 or in other suitable manner, a collector may, in his discretion, issue a

to section 158 and section 708 of this title." (46 U. S. C. 163 Sec. 102. Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

"Whoever, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, shall be fined not more than $200 or imprisoned not more than six months, or both.

"The master of such vessel may take any such person into custody, and deliver him up forthwith to any law enforcement officer. to be by him taken before any committing magistrate, to be dealt with according to law." (18 U. S. C. 2279)

"If, within twenty-four hours after the arrival of any vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than 850, or by imprisonment for not more than three months. This section shall apply to vessels of the United States engaged in the foreign trade and to foreign vessels." (46 U.S.C. 709) A vessel from a noncontiguous foreign place carrying steerage passengers.

pass on customs Form 3095 to go on the dock to meet persons arriving from abroad.

(g) Term cutter and dock passes, for a period of not to exceed one year, may be issued in the discretion of the collector. to persons on official business and to duly accredited news reporters and newspaper photographers. Passes are not transferable and shall be forfeited upon presentation by others than those to whom issued.

(Sec. 9, 22 Stat. 189, as amended, secs. 1-3, 31 Stat. 58, as amended; 46 U.S.C. 158, 163) § 4.2 Reports of arrival of vessels.

(a) The report of arrival required by section 433, Tariff Act of 1930, shall be

3 "Within twenty-four hours after the arrival of any vessel from a foreign port or place, or of a foreign vessel from a domestic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made. at any port or place within the United States at which such vessel shall come to, the master shall, unless otherwise provided by law, report the arrival of the vessel at the nearest customhouse, under such regulations as the Secof retary the Treasury may prescribe." (Tariff Act of 1930. sec. 433; 19 U.S.C. 1433) For the purposes of sections 432, 433. 434. 448, 585, and 586 of this Act, any vessel which has visited any hovering vessel shall be deemed to arrive or have arrived, as the case may be, from a foreign port or place." (Tariff Act of 1930, sec. 401(n), as amended; 19 U.S.C. 1432a)

"The term 'hovering vessel' means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character. or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue (Tariff Act of 1930, sec. 401 (n), as amended; 19 U.S.C. 1401 (n))

"Every master who fails to make the report or entry provided for in section 433, 434, or 435 of this Act shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2.000 or to imprisonment for not more than one year, or to both such fine and imprisonment... *" (Tariff Act of 1930, sec. 436, as amended; 19 U.S.C. 1436)

"Report of the arrival of a vessel of less than 5 net tons in the United States from a contiguous country otherwise than by sea

made by any means of communication to the collector of customs or to a customs officer assigned to board the vessel.

(b) For the purposes of this part, the time of arrival of a vessel shall be that time when she first comes to rest, whether at anchor or at a dock, in any harbor within the customs territory of the United States.

(c) In the case of a vessel described in section 441(3), Tariff Act of 1930, as amended, the report of articles subject to entry shall be made in accordance with the provisions of Subpart B of Part 148 of this chapter to the customs officer assigned to board the vessel. (See § 4.1 (c).)

(d) In the case of vessels described in section 441 (4), Tariff Act of 1930, as amended, the report may be filed by either the master, owner, or agent, and shall be in the form and give the information required by that statute, except that the report need not be under oath. A derelict vessel shall be considered one in distress and any person bringing it into port may report its arrival.

(e) The report of baggage and merchandise on a vessel within the purview of section 441(2), Tariff Act of 1930, as amended,' shall be made as provided for in that section and shall be in addition to the required report of arrival.

(Secs. 433, 441, 486, 46 Stat. 711, 712, as amended, 725, as amended; 19 U.S.C. 1433, 1441, 1486)

[28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 73-27, 38 F.R. 2448, Jan. 26, 1973] § 4.3 Vessels required to enter.

(a) Except as specified in section 441, Tariff Act of 1930, as amended," R. S.

is not required by section 433. Tariff Act of 1930. For the reporting requirements applicable with respect to such vessels, see § 5.1 of this chapter."

See footnote 5 to § 4.3.

"The following vessels shall not be required to make entry at the customhouse:

"(1) Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade;

"(2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and

2792,7 R. S. 2793, as amended, or as otherwise specified in this part, every American vessel arriving in the United States from a foreign port or place and

merchandise to the collector within twentyfour hours after arrival;

"(3) Licensed yachts or undocumented American pleasure vessels not engaged in trade nor in any way violating the customs or navigation laws of the United States and not having visited any hovering vessel: Provided, That the master of any such vessel which has on board any article required by law to be entered shall be required to report such article to the collector within twentyfour hours after arrival."

"(4) Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, sea stores, or ship's stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship's stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the collector the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship's stores taken on board; and

"(5) Tugs enrolled and licensed to engage in the foreign and coasting trade in the northern, northeastern, and northwestern frontiers when towing vessels which are required by law to enter and clear." (Tariff Act of 1930, sec. 441, as amended. 19 U.S.C. 1441)

7 "Vessels used exclusively as ferryboats carrying passengers, baggage, and merchandise, shall not be required to enter and clear, nor shall the masters of such vessels be required to present manifests, or to pay entrance or clearance fees, or fees for receiving or certifying manifests, but they shall, upon arrival in the United States, be required to report such baggage and merchandise to the proper officer of the customs according to law." (46 U.S.C. 110)

"Any passenger vessel engaged triweekly or oftener in trade between ports of the United States and foreign ports shall be exempt from entrance and clearance fees while such service triweekly or oftener is maintained." (46 U.S.C. 112)

"Enrolled or licensed vessels engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate foreign ports, shall not thereby become liable to the payment of entry and clearance fees, as if from or to foreign ports; but such vessel shall, notwithstanding, be required to enter and clear; except that when such vessels are on such voyages on the Great Lakes and touch at foreign ports for the purpose of taking on bunker fuel only, they may be exempted from entering and clearing under such rules

from.

(b) For the purposes of this part the time of departure of a vessel shall be that time when she gets under way on her outward voyage and proceeds on the voyage without thereafter coming to rest in the harbor from which she is going. (R.S. 2793, as amended, secs. 434, 435, 441, 46 Stat. 711, as amended, 712, as amended; 19 U.S.C. 288, 1434, 1435, 1441, 46 U.S.C. 111)

and regulations as the Secretary of the Treasury may prescribe, notwithstanding any other provisions of law: Provided. That this exception shall not apply to such vessels if, while at such foreign port, they land or take on board any passengers, or any merchandise other than bunker fuel, receive orders, discharge any seamen by mutual consent, or engage any seaman to replace those discharged by mutual consent, or transact any other business save that of taking on bunker fuel." (19 U.S.C. 288)

Ba No entry is required for a vessel of less than 5 net tons which arrives in the United States from a contiguous country otherwise than by sea. For the reporting requirements applicable with respect to such vessels, see 5.1 of this chapter.

Every undocumented vessel of 5 net tons or over owned by an alien, whether or not such allen is a resident of the United States, is a foreign vessel.

10 "Whenever, under any provision or provisions of any statute of the United States, it is made the duty of the masters of vessels to make entry and clearance of same, it shall be lawful for such duties to be performed by any licensed deck officer or purser of such vessel; and when such duties are performed by a licensed deck officer or purser of such vessel, such acts shall have the same force and effect as if performed by masters of such vessels: Provided, That nothing herein contained shall relieve the master of any penalty or liability provided by any statute relating to the entry or clearance of vessels." (46 U.S.C. 91a)

..

· Every master who presents a forged, altered, or false document or paper on making entry of a vessel as required by section 434 or 435 of this Act, knowing the same to be forged, altered or false and without revealing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment." (Tariff Act of 1930, sec. 436, as amended; 19 U.S.C. 1436)

11 See 4.2 (b).

For the purposes of the laws relating to reports of arrival and entry of vessels, the Canal Zone shall be regarded as foreign territory. Vessels which merely transit the Canal Zone without transacting any business there shall not be required to report their arrival or to enter because of such transit.

(a) No report of arrival or entry shall be required of any vessel owned by, or under the complete control and management of, the United States or any of its agencies, if such vessel (1) is manned wholly by members of the uniformed services of the United States, by personnel in the civil service of the United States, or by both, and (2) is transporting only property of the United States or passengers traveling on official business of the United States, or is in ballast. However, the master or commander of each such vessel arriving from abroad shall file a declaration as provided for in § 148.72 of this chapter and, if any cargo or passengers are on board, a manifest, in duplicate, which shall include any cargo and a list of any passengers and their baggage, specifying the number and description of the pieces of baggage belonging to each passenger. The original of each manifest required under this paragraph shall be filed with the collector within 48 hours after the arrival of the vessel. The other copy shall be made available for use by the discharging inspector at the pier.

(b) The arrival of every vessel owned or controlled and manned as described in paragraph (a) of this section but transporting other property or passengers, and every vessel so owned or controlled but not so manned, whether in ballast or transporting cargo or passengers, shall be reported in accordance with § 4.2 and the vessel shall be entered in accordance with § 4.9.

(c) Every vessel owned by, or under the complete control and management of, any foreign nation shall be exempt from or subject to the laws relating to report of arrival and entry under the same conditions as a vessel owned or controlled by the United States.

(Sec. 441(1), 46 Stat. 712; 19 U.S.C. 1441(1)) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 73-27, 38 FR 2448, Jan. 26, 1973; 39 FR 10897, Mar. 22, 1974]