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(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125.13 Cartage of merchandise withdrawn from general order for
When merchandise withdrawn from general order for regular entry is to be conveyed to a place designated by the district director for examination, the cartage shall be at the expense of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.
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.
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.
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.
(b) Customs Form 7502-A--Warehouse or Rewarehouse Entry (Permit). (c) Customs Form 7505-A--Warehouse Withdrawal for Consumption (Per(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.
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.
(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.
125.36 Inability to deliver merchandise.
If the warehouse is closed or the warehouseman refuses to receive the merchandise, the cartman shall notify the appropriate Customs inspector. The inspector shall promptly report the facts to the district director or his delegated representative for instructions. The merchandise shall then be returned to the Customs inspector, deposited in the public stores for safekeeping, or handled as ordered by the district director.
Subpart E-- LIABILITY
125.41 Liability of cartman or lighterman.
The cartman or ligherman conveying the merchandise including merchandise covered by a TIR carnet which has not been "taken on charge" (see section 114.22(c)(2) of this chapter), shall be liable under his bond for its prompt delivery in sound condition, or in no worse than the damaged condition noted on the delivery ticket, if damage is so noted.
(Sec. 623, 46 Stat. 759, as amended; 19 U.S.C. 1623)
The district director may cancel liquidated damages not in excess of $50,000 incurred under a cartman's bond or lighterman's bond upon the payment of such lesser amount, or without the payment of any amount, as he may deem appropriate under the circumstances. Application for cancellation of liquidated damages incurred shall be made in accordance with the provisions of Part 172 of this chapter.
(Sec. 623, 46 Stat. 759, as amended; 19 U.S.C. 1623)
Part 127--GENERAL ORDER, UNCLAIMED AND ABANDONED MERCHANDISE
R.S. 251, as amended, section 624, 46 Stat. 759; 5 U.S.C. 301, 19 U.S.C. 66, 1624. Other statutory provisions interpreted or applied and additional authority are cited in the text or in parentheses following the sections affected.
This part sets forth regulations pertaining to general order merchandise, un- TD 74-114, claimed merchandise, and abandoned merchandise, the storage and sale thereof, and the distribution of the proceeds from the sale thereof. Regulations regarding the abandonment of merchandise by the importer to the Government in accordance with section 506(1), Tariff Act of 1930, as amended (19 U.S.c. 1506(1)), appear in Part 158 of this chapter.
Subpart A--GENERAL ORDER MERCHANDISE
127.1 Merchandise considered general order merchandise.
Merchandise shall be considered general order merchandise when it is taken into the custody of the district director and deposited in the public stores or a general order warehouse at the risk and expense of the consignee for any of the following reasons:
(a) Whenever entry of any imported merchandise is not made within the time provided by law or regulations prescribed by the Secretary of the Treasury. (b) Whenever entry is incomplete because of failure to pay estimated
(c) Whenever, in the opinion of the district director, entry cannot be made for want of proper documents or other causes.
(d) Whenever the district director believes that any merchandise is not correctly or legally invoiced.
(e) Whenever, at the request of the consignee or the owner or master of the vessel or person in charge of the vehicle in which merchandise is imported, any merchandise is taken possession of by the district director after the expiration of 1 day after entry of the vessel or report of the vehicle. (Sec. 490, 46 Stat. 726, as amended; 19 U.S.C. 1490)
Withdrawal from general order for entry or exportation.
(a) Exportation within 1 year from date of importation. Merchandise in general order may be exported without examination or appraisement if the merchandise is delivered to the exporting carrier within 1 year from the date of importation. This merchandise may be entered within 1 year from date of importation for immediate transportation to any port of entry designated by the consignee.
(b) After expiration of 1 year from date of importation. Entry for immediate transportation shall be permitted after the expiration of the 1-year period only for the purpose of filing an entry for consumption at the port of destination.
(c) Withdrawal of less than single general order lot. The withdrawal from general order of less than a single general order lot shall not be permitted except as provided for in section 141.52 of this chapter.
(Sec. 490, 46 Stat. 726, as amended; 19 U.S.C. 1490)
(a) Extensions of 1 year each. Pursuant to the authority in Proclamation No. 2948 issued by the President on October 12, 1951 (16 FR 10589), the initial 1-year period for general order merchandise in section 491. Tariff Act of 1930, as amended (19 U.S.C. 1491), shall be extended for successive periods of 1 year each upon compliance with paragraph (b) of this section. There is no limit to the number of extensions that may be granted. If the application is submitted after the expiration of the 1-year period or the latest extension thereof, the new extension shall be retroactive to the expiration of the previous period. An extension shall not be granted if the merchandise has been disposed of by the Government.
(b) Documents required for extension. The following documents shall be presented to the district director at the port where the merchandise is stored each time an extension is requested:
(1) The written application for extension, in duplicate, executed by the consignee.
(2) Evidence that the applicant is the consignee, such as the bill of lading or a signed or certified duplicate thereof or a carrier's certificate covering the merchandise. It will not be necessary that the evidence be furnished with applications for any subsequent extensions when made by the same applicant.
(3) A statement on the application by the proprietor of the warehouse in which the merchandise is stored consenting to the extension, or certifying that all charges or amounts due or owing to the proprietor for storage or handling of the merchandise concerned up to the date of the beginning of the requested period of extension have been paid.
(c) Form of application. For merchandise in general order, applications for extension or further extension of the 1-year period prescribed in section 491, Tariff Act of 1930, as amended (19 U.S.C. 1491), shall be made in duplicate and in substantially the following form:
The District Director of Customs
Sir: In accordance with the provisions of Treasury Decision No. 52896, of December 28, 1951, application is hereby made for an extension (or further extension) of the 1-year period prescribed in section 491, Tariff Act of 1930, as amended, for 1 year in the case of the merchandise described below:
The undersigned hereby consents to the granting of the 1-year extension requested herein, or The undersigned hereby certifies that all charges or amounts due or owing to the undersigned for storage or handling of the merchandise described above up to the date of the beginning of the 1-year period of extension requested herein have been paid.