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Annex to Revised Part 123
Parallel Reference Table
(This table shows the relation of sections in revised
Part 123 to superseded 19 CFR Part 5.)
None 5.1(b) 5.1(a) 5.1(a) 5.1(d) 5.1(a) & (b) 5.1(b) & (c) 5.1(a) & (b) None 5.1(b) 5.2(a) & (b) 5.2(b) 5.2(c) 5.2(d) 5.7(a) 5.7(b), (c), (d)
& (e) 5.7(f) 5.12(a) 5.12(b) 10.41(b) and (d) 10.41(g) 10.42(f) 10.42(g) 10.41(e) 5.8(a), 5.10(f), (g)
& (h) None None 5.8(e) & (g) 5.8(e) None 5.8(d) 5.8(b) 5.8(e) 5.8(b)
123.0 123.1(a) 123.1(b) 123.1(c) 123.2 123.3 123.4 123.5 123.6 123.7 123.8(a) 123.8(b) 123.8(c) 123.8(d) 123.11(a) 123.11(b)
123.11(c) 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.21(a)
123.21(b) 123.21(c) 123.22(a) 123.22(b) 123.22(c) 123.22(d) 123.22(d)(1) 123.22(d)(2) 123.22(d)(3)
Authority: R.S, 251, as amended, secs. 565, 624, 46 Stat, 747, as amended, 759;
19 U.S.C. 66, 1565, 1624. Additional authority and statutes interpreted or applied are cited in parentheses following the sections affected,
This part is concerned with cartage and lighterage of merchandise and the TD 73-140. duties and liabilities of cartmen and lightermen. Provisions for licensing cartmen and lightermen are in Part 112 of this chapter.
Subpart A--GENERAL PROVISIONS
125.1 Classes of cartage.
(a) Government cartage. Government cartage must be done by a licensed customhouse cartman under contract or other specific authority for that purpose (except as provided for in section 125.12).
(b) Importers' cartage. Importers' cartage may be done by any licensed customhouse cartman. 125.2 Supervision of cartage and lighterage.
All licensed vehicles or lighters shall be subject to the control and direction of the officer having charge of the merchandise being carried. 125.3 Contracts for Government cartage.
Contracts for Government cartage shall be procured by formally advertised solicitation for bids and award of contract or by negotiation in accordance with the appropriate provisions of the Federal Procurement Regulations, as supplemented by the special procurement requirements of the Bureau of Customs.
Subpart B--CARTAGE OF PACKAGES FOR EXAMINATION
125.11 Cartage for examination in public stores.
(a) Government cartage. The cartage of merchandise in Customs custody designated for examination at the public stores shall be done by a licensed customhouse cartman under contract or other specific authority for that purpose.
(b) Where there is no contract for Government cartage. At ports where there is no contract for Government cartage in effect, the cartage of packages designated for examination at the public stores shall be done by a licensed customhouse cartman designated by the district director for this purpose.
(c) Payment for Government cartmen. The cost of the cartage shall be paid from the appropriation "Salaries and Expenses; Bureau of Customs,"
125.12 Cartage for examination at importers' premises or other place.
Merchandise designated for examination at an importer's premises or other place not in the charge of a Customs officer may be carted, lightered, or carried to any such place by the importer without a cartman's or lighterman's license, when in the judgment of the district director the revenue will not be endangered. Otherwise, such transfer shall be done by a licensed cartman, who shall be the contract cartman whenever practicable. 125.13 Cartage of merchandise withdrawn from general order for
regular entry. When merchandise withdrawn from general order for regular entry is to be conveyed to a place designated by the district director for examination, the cartage shall be at the expense of the importer and shall be under the cartage arrangements established at the port for hauling examination packages under the provisions of section 125.11(a) and (b). Reimbursement of the cost of the cartage shall be collected from the importer prior to release of the merchandise from Customs custody.
125.14 Cartage of unclaimed merchandise.
Unclaimed merchandise shall be carted to the public stores or a bonded warehouse designated by the district director under the cartage arrangements established at the port for hauling examination packages under the provisions of section 125.11(a) and (b). Reimbursement of the cost of the cartage shall be collected from the importer prior to release if entry is made or from the proceeds of sale of the merchandise.
Subpart C--IMPORTERS' CARTAGE
125.21 Cartage other than for examination.
Any licensed customhouse cartman, including an importer licensed to cart his own imported merchandise, at the expense of the importer or other party in interest, may transfer merchandise from the importing vessel or other conveyance to bonded warehouse, from one vessel or conveyance to another, from one bonded warehouse to another, from the public stores to a bonded warehouse, from warehouse for transportation or for exportation, and from an internal revenue warehouse for exportation under the internal revenue laws without payment of tax. Nothing in this section shall apply to the cartage of examination packages to the place of examination.
125.22 Designation of cartman or lighter man.
Importers and exporters shall designate on the entry and permit of bonded merchandise the bonded cartman or lighterman by whom they wish their merchandise to be conveyed. Approval of such designation shall be indicated on the entry papers by the initials of the appropriate Customs officer placed in close proximity to the designation. 125.23 Failure to designate.
If an importer does not cart his merchandise or designate a licensed customhouse cartman for the purpose, it shall be carted by a public store cartman authorized by contract or designated by the district director for that purpose. The cost of such cartage shall be paid by the importer or owner of the merchandise before its release from Customs custody.
125.24 Failure of designated cartmen or lighter man to appear.
The cartman or lighterman designated to convey the merchandise shall be present to take the merchandise when the Customs officer in charge is ready to send it. If the designated vehicle or lighter is not present, after waiting a reasonable time, such officer shall send the merchandise by any licensed cartman or lighterman available.
Subpart D--DELIVERY AND RECEIPT
125.31 Documents used.
When merchandise is carted or lightered to and received from a bonded store or bonded warehouse, it shall be accompanied by one of the following tickets or documents:
(a) Customs Form 6043--Delivery Ticket.
(c) Customs Form 7505-A--Warehouse Withdrawal for Consumption (Permit).
(d) Customs Form 7505-B--Order to Release Merchandise on Order of the Warehouse Proprietor.
(e) Customs Form 7506--Warehouse Withdrawal Conditionally Free of Duty, and Permit.
(f) Customs Form 7512--Transportation Entry and Manifest of Goods Subject to Customs Inspection and Permit.
125.32 Merchandise delivered to a bonded store or bonded warehouse.
When merchandise is carted or lightered to and received in a bonded store or bonded warehouse, the proprietor or his representative shall check the goods against the accompanying delivery ticket, Customs Form 6043, or copy of warehouse or rewarehouse permit, Customs Form 7502-A, and countersign the document acknowledging receipt of the merchandise as listed thereon.
125.33 Procedure on receiving merchandise.
(a) From public or bonded store. A receipt shall be taken from the cartman or lighterman for all goods delivered to him from public store or bonded store. The receipt may be taken on Customs Form 6043, or on the appraising officer's release ticket at the time delivery is made.
(b) From bonded warehouse. In case of withdrawals from bonded warehouse for consumption, the merchandise shall be released only to or upon the order of the proprietor of the warehouse, who shall acknowledge such release on Customs Form 7505-A or 7505-B.
(c) All other cases. A receipt shall be taken for all goods delivered from Customs custody in any other case where the district director deems such receipt necessary.
125.34 Countersigning of documents and notation of bad order or discrepancy.
When a cartman or lighterman receives merchandise remaining in Customs custody, he shall countersign the appropriate document in the space provided and shall note thereon any bad order or discrepancy. When available, the importing carrier's tally slip for the merchandise shall be attached to the delivery ticket which accompanies the merchandise while it is being carted or lightered in bond, for the use of Customs officers only at destination.
125.35 Report of loss, detention, or accident.
Any loss or detention of bonded merchandise, or any accident happening to a licensed vehicle or lighter while carrying bonded merchandise shall be immediately reported by the cartman or lighterman to the district director.