891. Procedure at port of original 913. Port of exportation-Cancellation

T. Ds. 40631, 42783.

T. D. 41760.

T. D. 37341.

T. Ds. 41283, 41284, 41332.

GENERAL PROVISIONS

Art. 872. Bonding of carriers authorized.-Tariff act of 1930, section 551:

Any common carrier of merchandise owning or operating railroad, steamship, or other transportation lines or routes for the transportation of merchandise in the United States, upon application and the filing of a bond in a form and penalty and with such sureties as may be approved by the Secretary of the Treasury, may be designated as a carrier of bonded merchandise for the final release of which from customs custody a permit has not been issued.

Art. 873. Carriers-Application to bond.-(a) All merchandise transported from one port to another in the United States in bond must be carried by common carriers bonded for that purpose.

(b) Common carriers desiring to transport merchandise in bond must execute a bond, in duplicate, on customs Form 3587, in a sum to be approved by the Commissioner of Customs, and submit the same to the collector of customs at the port where the bond is to be filed for transmission to the bureau. If the bond is approved, the original copy will be returned to the collector for filing. Such bonds may be discontinued at any time by the bureau. Bonded carriers desiring to discontinue such bonds must make application therefor to the bureau through the collector at the port where the bond is filed. Art. 874. Receipt by carrier-Manifest.—(a) All merchandise delivered to a carrier for transportation in bond shall be receipted for by an agent of the carrier and laden on the car, vessel, or vehicle under the supervision of a customs officer.

(b) A manifest, Customs Form 7512, containing a description of the merchandise must be prepared by the carrier or shipper and signed by the agent of the carrier. A separate set must be prepared for each entry; and if the consignment is contained in more than one vessel, car, or vehicle, a separate set must be prepared for each such vessel, car, or vehicle.

(c) The manifest must be filed in triplicate, one copy to be delivered to the conductor, master, or person in charge to accompany the car, vessel, or vehicle and be delivered to the collector at destination for his record; one copy to be forwarded by the collector to the port of destination as soon as the goods are laden and receipted for; and one copy to be used as a permit and retained as a receipt and record of the shipment at the original port.

(d) When a copy of the carrier's manifest is lost or can not be produced, a copy may be made of whichever manifest is available.

T. D. 37341.

T. D. 38287, qs.

Art. 875. Transshipment.-(a) If the route be such 36 and 39. that a transshipment is required, an additional copy of the manifest must be prepared by the carrier and be certified and mailed by the lading inspector to the customs officer at the place of transshipment, who will give general supervision to the transshipment, indorse his action on both copies of the manifest, return the conductor's copy, and retain the other as a record of his action.

(b) If the merchandise is transshipped from a vessel T. D. 42960 to a car or other vehicle, or vice versa, the customs officer supervising the transshipment will note affirmatively on the copy of the manifest accompanying the shipment whether or not the bonded compartment could be entered without disturbing the sealed openings.

(c) When in the case of a vessel it is necessary to remove the seals on a bonded compartment at an intermediate port for the purpose of discharging or lading cargo, the customs officer supervising the transaction shall note affirmatively on the manifest accompanying the shipment whether or not the seals were intact on arrival, whether or not the bonded compartment could be entered without disturbing the seals, and whether or not the vessel was under continuous customs supervision while the compartment was not under seal.

(d) If it becomes necessary at any point in transit to remove the customs seals from a railroad car or vessel containing bonded merchandise for the purpose of transferring its contents to another car or vessel, or to gain access to the shipment, because of casualty or other good reason, and it can not be done under customs supervision, because of the element of time involved or because there is no customs officer stationed at such point, a responsible agent of the carrier may remove the seals, supervise the transfer or handling of the merchandise, reseal the original car or vessel or apply seals to the car or vessel to which the transfer is made, and make appropriate notation on the conductor's or master's copy of the manifest of his action, including the date and the reason therefor. However, this authorization shall not apply to the removal of customs seals from railroad cars containing livestock except in the case of a real emergency.

T. Ds. 32086,

43576.

T. Ds. 30672. 32294, 33380,

34240, 36923, 37758, 38737, 38889, 40290, 41465.

T. D. 41465.

T. Ds. 7601, 25775, 32894, 37576.

Act Feb. 13, 1913. sec. 598.

Art. 876. Sealing cars and compartments-Labeling packages. (a) Cars or compartments in which bonded merchandise is transported must be sealed with "in bond" customs seals painted red under customs supervision, except that when the compartment or conveyance can not be effectively sealed, as in the case of merchandise shipped in open cars or barges, or on the decks of vessels, or in other similar circumstances, such sealing may be waived with the consent of the carrier, and an appropriate notation shall be made on the manifest, in which case any shortage or damage noted at destination will, in the absence of positive and conclusive evidence to the contrary, be presumed to have occurred while the merchandise was in the possession of the carrier and the carrier shall be liable under its bond for the appropriate penalty.

(b) Merchandise not under bond. may be transported in sealed cars containing bonded goods when destined for the same place or places beyond, but not when intended for intermediate places.

(c) The seals to be used in sealing cars are prescribed by the department and must be purchased by the carriers, and same may be shipped by the manufacturer to the local agent of the carrier at the port where such seals are to be used.

(d) The manufacturer upon making a shipment of such seals to the carrier will notify the collector of customs, giving the quantity and the name of the carrier to which shipped. Upon receipt of the seals the agent of the carrier will immediately notify the collector of customs in order that such seals may be placed in proper customs custody.

(e) Packages shipped in bond in less than carload lots need not be corded and sealed. However, in lieu thereof, Tariff act 1930, bonded carriers are required to furnish and attach to all such packages warning labels on bright red paper, not less than 5 by 8 inches in size, containing the following legend in black type of a conspicuous size:

This package is under bond and must be delivered intact to the chief officer of the customs at

WARNING

Two years' imprisonment or $5,000 fine, or both, is the penalty for unlawful removal of this package or any of its contents.

(f) Two such warning labels must be securely pasted on each package under customs supervision, one of which shall be placed as close as practicable to the marks and numbers of the package, and the other on the opposite face of the package.

(g) When, in the case of crates and similar packages, it is impossible to paste warning labels thereon, bright red shipping tags containing the same legend as the labels may be used in lieu of labels, if wired or otherwise securely fastened to the packages in such manner as not to injure the merchandise.

25775.

Tariff act 1930,

Art. 877. Warning cards-Penalty for breaking seals.-T. Ds. 7601, Bonded carriers are required to furnish and securely Act Feb. 13, 1913 attach to side doors of cars, to the doors of the compart- sec. 598. ments of vessels, and on vehicles carrying bonded merchandise which are secured with customs seals, near such seals a bright red card, 8 by 10%1⁄2 inches in size, on which shall be printed in large, clear black letters the following:

United States Customs. Two years' imprisonment, or $5,000
fine, or both, is the penalty for the unlawful removal of United
States customs seals on this car, vehicle, or compartment. United
States customs officers only are authorized to break these seals.
Car or vessel
From-

Το

No. or name

NOTICE. The merchandise in this car, vehicle, or compartment must be delivered to the chief officer of the customs at

Art. 878. Lading inspectors' action.-(a) The lading inspector will when practicable check the merchandise laden with the manifest therefor. If this be impracticable he may accept the check of the carrier if satisfied that the same is correct. He will then certify each copy of the manifest prepared in triplicate by indorsement thereon, and will deliver one copy of the manifest to the railroad conductor, master of the vessel, or person in charge of the vehicle, and return the others to the customhouse.

(b) The lading inspector will note on the manifest over T. D. 32294. his signature all packages in bad order at the time of lading with the particulars of their condition and note thereon the numbers of the seals on the car, vehicle, or compartment, except that seal numbers need not be entered on manifests covering grain moving in bond.

(c) The collector will forward a report to the collector. D. 37374, q. at the port of destination on customs Form 3833 showing the bad order, outages, etc., found by the discharging inspectors and lading inspectors.