T. D. 6603.

T. D. 38577.

Art. 107. Report of arrival of vessel.-(a) Tariff act of 1930, section 433:

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 Secretary of Commerce may prescribe.

(b) The report must be filed within 24 hours after the arrival, or as soon thereafter as official business hours will permit.

(c) The report must be made in every case unless the vessel has been boarded by a duly authorized customs officer assigned for the purpose, or for the purpose of accepting preliminary entry.

(d) In the case of vessels described in paragraph 4 of section 441 of the tariff act, 1930, 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. (See art. 106.)

(e) Tariff act of 1930, section 436:

* * * provided

Every master who fails to make the report for * * *shall, for each offense, be liable to a fine of not more than $1,000.

(f) Vessels may depart at the option of the master after report and before the expiration of 24 hours.

(g) Any person bringing in a derelict vessel may take the master's oath.

(h) All penalties incurred by masters for failure to make report of arrival should be reported to the Secretary of Commerce, Bureau of Navigation, and all applications for relief should be addressed to that officer and sworn to before an officer authorized to administer oaths. Art. 108. Place of entry and unlading.-Tariff act of 1930, section 447:

It shall be unlawful to make entry of any vessel or to unlade the cargo or any part thereof of any vessel elsewhere than at a port of entry: Provided, That upon good cause therefor being shown, the Secretary of Commerce may permit entry of any vessel to be made at a place other than a port of entry designated by him, under such conditions as he shall prescribe: And provided further, That any vessel laden with merchandise in bulk may proceed after entry of such vessel to any place designated by the Secretary of the Treasury for the purpose of unlading such cargo, under the supervision of customs officers if the collector shall consider the same necessary, and in such case the compensation and expenses of such officers shall be reimbursed to the Government by the party in interest.

Art. 109. Failure to make entry of vessel.-Tariff act of 1930, section 436:

Every master who fails to make the * * * entry provided for . * * * shall, for each offense, be liable to a fine of not more than $1,000.

Art. 110. Departure or unlading before report or entry.-Tariff act of 1930, section 585:

*

*

(a) If any vessel The Javirena, * from a foreign port or place arrives 67 Fed. 152. within the limits of any collection district and departs or attempts T. D. 41787, to depart, except from stress of weather or other necessity, with-41766, 41408. out making a report or entry under the provisions of this Act, or if any merchandise is unladen therefrom before such report or entry, the master of such vessel shall be liable to a penalty of $5,000 and any such vessel shall be subject to forfeiture, and any customs or Coast Guard officer may cause such vessel * * * to be arrested and brought back to the most convenient port of the United States.

* * *

* * *

The Appollon,

(b) These provisions apply to foreign as well as Ameri-9 Wheat. 362. can vessels, but do not extend to a vessel arriving from a foreign port and passing through the coterminous waters. of a river which forms the boundary between the United States and foreign territory for the purpose of proceeding thereto.

Cunard S. 8.

262 U. S. 100.

(c) The "limits of any collection district" as used Co. v. Mellon, herein are those defined by article 3 of these regulations, including the marginal waters to the 3-mile limit on the seaboard and the waters to the boundary line on the northern and southern boundaries.

838.

The Over the

(d) This section applies only to acts accomplished Top, 5 Fed. (2) within the territory of the United States. For unlading outside of the 3-mile limit see article 137.

Art. 111. Preliminary entry of vessels and lading and unlading at night and on Sundays and holidays—Penalty. (a) Tariff act of 1930, section 448 (a):

Except as provided in section 441 of this Act (relating to vessels not required to enter), no merchandise, passengers, or baggage shall be unladen from any vessel or vehicle arriving from a foreign port or place until entry of such vessel or report of the arrival of such vehicle has been made and a permit for the unlading of the same issued by the collector: Provided, That the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel's manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse, as provided by this Act. After the entry, preliminary or otherwise, of any vessel or report of the arrival of any vehicle, the collector may issue a permit to the master of the vessel, or to the person in charge of the vehicle, to unlade merchandise or baggage, but except as provided in subdivision (b) of this section merchandise or baggage so unladen shall be retained at the place of unlading until entry therefor is made and a permit for its delivery granted, and the owners of the vessel or vehicle from which any imported merchandise is unladen prior to entry of such merchandise shall be 120950°-32-7

T. Ds. 27642, 27699, 31562, 32159, 37380, 38290.

Acts of Feb. 13,

1911, Feb. 7, 1920,

sec. 623.

liable for the payment of the duties accruing on any part thereof that may be removed from the place of unlading without a permit therefor having been issued. * * *

(b) Preliminary entry of vessels prior to formal entry may be made if an application therefor has been made by the owner, agent or consignee on customs Form 3853A and a bond given on customs Form 7567 in such penal sum as the collector deems sufficient, but not less than $500.

(c) In lieu of a bond given on each application a term tariff act of 1930,' bond on customs Form 7569 may be accepted in the sum of $10,000 or such larger amount as may be determined by the collector to afford ample security, to cover vessels arriving within one year from the date thereof.

(d) A blanket vessel term bond (customs Form 7569) in the sum of $10,000 or such larger amount as may be fixed by the Commissioner of Customs, for a 1-year period, may be filed by a regularly established steamship company with the collector of customs at a port where the company maintains an office, to cover the operations of its vessels at other ports in the same district, or in other districts. In such cases the blanket bond must show the exact ports at which the company expects to enter and clear vessels, and the applicants must furnish in addition to the original bond, a copy for every port mentioned therein. Such blanket bond and copies will be forwarded by the collector to the Commissioner of Customs who will pass upon and file the original and send the copies to the respective ports named.

(e) A bond for the transportation of merchandise as common carrier and the bond herein provided for may be given on customs Form 3587.

Tariff act of 1930, section 450:

No merchandise, baggage, or passengers arriving in the United States from any foreign port or place, and no bonded merchandise or baggage being transported from one port to another, shall be unladen from the carrying vessel or vehicle on Sunday, a holiday, or at night, except under special license granted by the collector under such regulations as the Secretary of the Treasury may prescribe.

(g) Tariff act of 1930, section 451:

Before any such special license to unlade shall be granted, the master, owner, or agent, of such vessel or vehicle shall be required to give a bond in the penal sum to be fixed by the collector conditioned to indemnify the United States for any loss or liability which might occur or be occasioned by reason of the granting of such special license and to pay the compensation and expenses of the customs officers and employees assigned to duty in connection with such unlading at night or on Sunday or a holiday, in accordance with the provisions of section 5 of the Act entitled "An

Act to provide for the lading or unlading of vessels at night, the preliminary entry of vessels, and for other purposes," approved February 13, 1911, as amended. In lieu of such bond the owner, or agent, of any vessel or vehicle or line of vessels or vehicles may execute a bond in a penal sum to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of vessels or vehicles belonging to such line for a period of one year from the date thereof. At the request of the master, owner, or agent of any vessel, the collector shall assign customs officers and employees to duty at night or on Sunday or a holiday in connection with the entering or clearing of such vessel, of the issuing and recording of its marine documents, bills of sale, mortgages, or other instruments of title, but only if the master, owner, or agent gives a bond in a penal sum to be fixed by the collector, conditioned to pay the compensation and expenses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the same basis and payable in the same manner and upon the same terms and conditions as in the case of customs officers and employees assigned to duty in connection with lading or unlading at night or on Sunday or a holiday. (h) Tariff act of 1930, section 452:

No merchandise or baggage entered for transportation under bond or for exportation with the benefit of drawback, or other merchandise or baggage required to be laden under customs supervision, shall be laden on any vessel or vehicle at night or on Sunday or a holiday, except under special license therefor to be issued by the collector under the same conditions and limitations as pertain to the unlading of imported merchandise or merchandise being transported in bond.

(i) The same proceedure shall be followed in obtaining a special license for unlading or lading on Sundays, holidays, or at night as is prescribed above in the case of preliminary entry of vessels. Application must be made, bonds given in the same sums, and special license issued on customs Form 3853A. The application, bond and permit may include both preliminary entry and unlading and lading at night, on Sundays, or holidays.

6) Special permit for the lading or unlading of vessels at night should be refused by collectors if the character of the cargo or the conditions or facilities at the place of lading or unlading would render the issue of such permits dangerous to the revenue.

(k) Special applications must be made for permission to unlade on Sundays and holidays, but before approval consideration should be given to the laws of the State in which the port of entry is located, and in no case should such permits be granted except on the ground of commercial necessity.

(1) Upon approval of the application and acceptance of the bond the collector will issue a permit (customs Form 3853a or 3851) to unlade or lade cargo, merchandise, or baggage, by day or by night, immediately upon the arrival of the vessel at the place of unlading.

T. D. 41124, 41532.

(m) The term "at night" shall include the hours from 5 p. m. of any day to 8 a. m. of the following day.

(n) The term "holidays" shall include only national holidays, viz, January 1, February 22, May 30, July 4, and the first Monday in September, Thanksgiving day (when designated by the President), and December 25, and such other days as may be made national holidays. (0) Special permits running for a period of one month may be issued for lading or unlading at night of bonded merchandise on or from vessels or railroad cars on customs Form 3851, provided that the required term bond (customs Form 7569 or the combined common carrier's bond on customs Form 3587) has been given.

(p) A customs permit is not required for the lading of domestic merchandise on nights, Sundays, or holidays. (For merchandise covered by a notice of intent, see art. 1028.)

(q) Tariff act of 1930, section 453:

If any merchandise or baggage is laden on, or unladen from, any vessel or vehicle without a special license or permit therefor issued by the collector, the master of such vessel or the person in charge of such vehicle and every other person who knowingly is concerned, or who aids therein, or in removing or otherwise securing such merchandise or baggage, shall each be liable to a penalty equal to the value of the merchandise or baggage so laden or unladen, and such merchandise or baggage shall be subject to forfeiture, and if the value thereof is $500 or more, the vessel or vehicle on or from which the same shall be laden or unladen shall be subject to forfeiture. (r) Tariff act of 1930, section 454:

If any passenger is unladen from any vessel or vehicle without a special license or permit therefor issued by the collector, the master of such vessel or the person in charge of such vehicle and every other person who knowingly is concerned, or who aids therein, shall each be liable to a penalty of $500 for each such passenger so unladen.

(8) The assignment of customs officers and employees for the purpose of entering and clearing vessels, issuing and recording marine documents, bills of sale, etc., shall be made upon the written request of the master, owner, or agent of any vessel, upon the giving of a bond in such a sum as the collector may determine.

(t) Bonds are not required for vessels of the United States Shipping Board under "operating agreement, 1924."

Art. 112. Entry of American vessels. (a) Tariff act of 1930, section 434:

Except as otherwise provided by law, and under such regulations as the Secretary of Commerce may prescribe, the master of a vessel of the United States arriving in the United States from a foreign port or place shall, within forty-eight hours after its arrival within the limits of any customs collection district, make formal entry of