54413, 55278, 69-266, 71-169. (b) The original and one copy of the manifest shall be ready for production TDs 52965, on demand.15 The master shall deliver the original and one copy of the manifest 53336, 53448, to the boarding officer.1 16 If the vessel is to proceed from the port of arrival to 53792, 53848, other United States ports with residue foreign cargo or passengers, an additional copy of the manifest shall be available for certification as a traveling manifest (see section 4.85). The district director may require an additional copy or additional copies of the manifest, but a reasonable time shall be allowed for the preparation of any copy which may be required in addition to the original and one copy. (c) No Passenger List or Crew List shall be required in the case of a vessel arriving from Canada, otherwise than by sea, at a port on the Great Lakes or their connecting or tributary waters. 16a (d) (1) The master of a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or intended to be employed in such trade, at the port of first arrival from a foreign country shall declare on Customs Form 3415 any equipment, repair parts, or material purchased for the vessel, or any expense for repairs incurred, in a foreign country,1 16b within the purview of section 466, Tariff Act of 1930, as amended (19 U.S.C. 257). If no equipment has been purchased or repairs made, a declaration to that effect shall be made on Customs Form 3415. (2) If the vessel is of more than 500 gross tons, the declaration shall include a statement that no work in the nature of a rebuilding or alteration which might give rise to a reasonable belief that the vessel may have been rebuilt within the meaning of the second proviso to section 27, Merchant Marine Act, 1920, as amended (46 U.S.C. 883), has been effected which has not been either previously reported or separately reported simultaneously with the filing of such declaration. (3) The declaration shall be ready for production on demand and for inspection by the boarding officer and shall be presented as part of the original manifest when formal entry of the vessel is made. (4) The district director shall notify the United States Coast Guard vessel documentation officer at the home port of the vessel of any work in the nature of a rebuilding or alteration, including the construction of any major component of the hull or superstructure of the vessel, which comes to his attention. (Sections 431, 439, 465, 581(a), 584, 46 Stat. 710, as amended, 712, as amended, 718, 747, as amended, 748, as amended, sections 2, 3, 70 Stat. 544, as amended; 19 U.S.C. 1431, 1439, 1465, 1581(a), 1583, 46 U.S.C. 883a, 883b.) TDs 51547, 51901. 54267, 54820, 71-169. TD 71-169. 4.7a Inward foreign manifest; information required; alternative forms.-- The TD 71-169. forms designated by section 4.7(a) as comprising the inward foreign manifest shall be completed as follows: (a) Ship's Stores Declaration. -- Articles to be retained aboard as sea or ship's stores, required by section 432, Tariff Act of 1930,17 to be separately. 15 "The master of every vessel and the person in charge of every vehicle bound to a port or place in the United States shall deliver to the officer of the customs or Coast Guard who shall first demand it of him, the original and one copy of the manifest of such vessel or vehicle, and such officer shall certify on the back of the original manifest to the inspection thereof and return the same to the master or other person in charge." (Tariff Act of 1930, sec. 583; 19 U. S. C. 1583.) "Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the manifest to the officer demanding the same shall be liable to a penalty of $500, ; Provided, That if the collector shall be satisfied that the manifest was lost or mislaid without intentional fraud, ***, said penalties shall not be incurred. ***" (Tariff Act of 1930, sec. 584, as amended; 19 U. S. C. 1584.) 16 "Immediately upon arrival and before entering his vessel, the master of a vessel from a foreign port or place required to make entry shall mail or deliver to such employee as the Secretary of the Treasury shall designate, a copy of the manifest, and shall on entering his vessel make affidavit that a true and correct copy was so mailed or delivered, and he shall also mail or deliver to such employee designated by the Secretary a true and correct copy of any correction of such manifest filed on entry of his vessel. Any master who fails so to mail or deliver such copy of the manifest or correction thereof shall be liable to a penalty of not more than $500." (Tariff Act of 1930, sec. 439, as amended; 19 U. S. C. 1439.) 16a "Notwithstanding any provision of law to the contrary, no collector of customs shall require a master or owner of a vessel arriving, otherwise than by sea, at a port or place in the United States on the Great Lakes, or their connecting or tributary waters, from a port or place in the Dominion of Canada to furnish a list of passengers on board such vessel." (46 U. S. C. 460a.) 16b See footnote 26 section 4.14 (a) 17"The manifest of any vessel arriving from a foreign port or place shall separately specify the articles to be retained on board of such vessel as sea stores, ship's stores, or bunker coal, or bunker oil, and if any other or greater quantity of sea stores, ship's stores, bunker coal, or bunker oil is found on board of any such vessel than is specified in the manifest, or if any such articles, whether shown on the manifest or not are landed without a permit therefor issued by the collector, all such articles omitted from the manifest or landed without a permit shall be subject to forfeiture, and the master shall be liable to a penalty equal to the value of the articles." (Tariff Act of 1930, sec. 432; 19 U, S. C. 1432.) CR-55 specified shall be listed on the Ship's Stores Declaration, Customs Form 1303. Less than whole packages of sea or ship's stores may be described as "sundry small and broken stores." (b) (1) Crew's Effects Declaration. -- The serial number of the Declaration and Entry of Crewmember for Imported Articles, Customs Form 5123, prepared and signed by any officer or crewmember who intends to land articles in the United States, or the word "None," shall be shown in item No. 7 opposite the respective crewmember's name. (2) If the crewmembers' declarations are on Customs Form 5129, the master, in lieu of describing the articles on Customs Form 1304, shall furnish a Crew List, Customs and Immigration Form I-418, endorsed as follows: I certify that this list, with its supporting crewmembers' TD 73-27. TD 73-27. TD 74-97. Master The Crew List on Form I-418 shall show, opposite the crewmember's name, his shipping article number and, in column 5, the declaration number. If the crewmember has nothing to declare, the word "None" shall be placed opposite his name instead of a declaration number. (3) For requirements concerning the preparation of Customs Forms 5123 and 5129, see subpart G of Part 148 of this chapter. (4) Any articles which are required to be manifested and are not manifested shall be subject to forfeiture and the master shall be subjected to a penalty equal to the value thereof, as provided in section 584, Tariff Act of 1930, as amended. (c) United States Customs Inward Foreign Manifest.-- For shipments of containerized or palletized cargo, Customs officers shall accept United States Customs Inward Foreign Manifest, Customs Form 7527-A, or Inward Foreign Manifest, Customs Form 7527-B, which indicate that the manifest has been prepared on the basis of information furnished by the shipper, although the use of words of qualification in no way limits the responsibility of a master to submit accurate manifests or in any way qualifies the oath taken by the master as to the accuracy of his manifest. (1) If the inward manifest covers only contanerized or palletized cargo, the following statement may be placed on the manifest: The information appearing on the manifest relating to the quantity and description of the cargo is in each instance based on the shipper's load and count. I have no knowledge or information which would lead me to believe or to suspect that the information furnished by the shipper is incomplete, inaccurate, or false in any way. (2) If the manifest covers conventional cargo and containerized or palletized cargo, or both, the use of the abbreviation "SLAC" for "shipper's load and count," or an appropriate abbreviation if similar words are used, is approved provided the abbreviation is placed next to each containerized or palletized shipment on the manifest and the following statement is placed on the manifest: The information appearing on this manifest relating to the quantity and description of cargo preceded by the abbreviation ''SLAC" is in each instance based on the shipper's load and count, I have no information which would lead me to believe or to suspect that the information furnished by the shipper is incomplete, inaccurate, or false in any way. The statements specified in subparagraphs (1) and (2) of this paragraph shall be placed on the last page of the inward manifest. Words similar to "the shipper's load and count" may be substituted for those words in the statements, although vague expressions such as "said to contain" or "accepted as containing" are not acceptable. The use of an asterisk or other character instead of appropriate abbreviations, such as "SLAC", is not acceptable. (d) Crew List. -- The Crew List shall be completed in accordance with the requirements of the Immigration and Naturalization Service, United States Department of Justice (8 CFR, Part 251). CR-56 (e) Passenger List.--(1) The Passenger List shall be completed in accord- ID 73-27. ance with section 4.50 and with the requirements of the Immigration and Naturalization Service, United States Department of Justice (8 CFR, Part 231), and the following certification shall be placed on its last page: I certify that Customs baggage declaration requirements have Master (2) If the vessel is carrying steerage passengers, the reference to steerage passengers shall be deleted from the certification, and the master shall comply with the requirements of section 4.50. (3) If there are no steerage passengers aborad upon arrival, the listing of the passengers may be in the form of a vessel "souvenir passenger list," or similar list, in which the names of the passengers are listed alphabetically and to which the certificate referred to in paragraph (e)(1) of this section is attached. (4) All baggage on board a vessel not accompanying a passenger and the TD 73-27. marks or addresses thereof shall be listed on the last sheet of the passenger list under the caption "Unaccompanied baggage." (Sections 431, 432, 439, 453, 465, 497, 498, 584, 46 Stat. 710, as amended, 712, as amended, 716, 718, 728, as amended 748, as amended, sec. 9, 22 Stat. 189, as amended, R.S. 4573; 19 U.S. C. 1431, 1432, 1439, 1453, 1465, 1497, 1498, 1584, 46 U.S.C. 158, 674.) 4.8 Preliminary entry.--If it is desired that any vessel having on board inward foreign cargo, passengers, or baggage shall discharge or take on cargo, passengers, or baggage before the vessel has been formally entered, preliminary entry shall be made by compliance with section 4.30 and execution by the master of the Master's Certificate on Preliminary Entry on Customs Form 1300.18 (Sections 448, 486, 46 Stat. 714, 725, as amended; 19 U.S.C. 1448, 1486.) TDs 47813, 53336, 54232, 66-249, 71-169. 4.9 Formal entry.--(a) The formal entry of an American vessel from a TDs 50766, 71-169. foreign port or place shall be in accordance with section 434, Tariff Act of 1930 (19 U.S.C. 1434).19 The formal entry of a foreign vessel arriving within the limits of any Customs collection district shall be in accordance with section 435, Tariff Act of 1930 (19 U.S.C. 1435),20 The required oath on entry shall be executed on Customs Form 1300. ***** *the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the state. ments 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, ** **(Tariff Act of 1930, sec. 448 (a); 19 U. S. C. 1448 (a).) 19"Except as otherwise provided by law, and under such regulations as the Secretary of the Treasury may prescribe, the master of a vessel of the United States arriving in the United States from a foreign port or place shall, within fortyeight hours after its arrival within the limits of any customs collection district, make formal entry of the vessel at the customhouse by producing and depositing with the collector the vessel's crew list, its register, or document in lieu thereof, the clearance and bills of health issued to the vessel at the foreign port or ports from which it arrived, together with the original and one copy of the manifest, and shall make oath that the ownership of the vessel is as indicated in the register, or document in lieu thereof, and that the manifest was made out in accordance with section 431 of this Act." (Tariff Act of 1930, sec. 434, as amended; 19 U. S. C. 1434.) "The master of any foreign vessel arriving within the limits of any customs collection district shall, within fortysight hours thereafter, make entry at the customhouse in the same manner as is required for the entry of a vessel of the United States, except that a list of the crew need not be delivered, and that instead of depositing the register or document in lieu thereof such master may produce a certificate by the consul of the nation to which such vessel belongs that said documents have been deposited with him: Provided, That such exception shall not apply to the vessels of foreign nations in whose ports American consular officers are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nations." (Tariff Act of 1930, sec. 435; 19 U. S. C. 1435.) CR-56-A TDs 51107, 54267, 55504, 71-169. TD 71-169. TDs 51253, 71-169 TDs 53775, 54267, 71-169. TDs 52442, 53461, 53626, 68-247, 72-189. TDs 38218, 38248, 40852. (b) Upon the entry of an American vessel, the master shall present to the District Director of Customs, in addition to the Crew Lists required under section 4.7(a), the certified copy of the Crew List on Customs and Immigration Form I-418 obtained, in accordance with the provisions of section 4.68(a), upon the last previous clearance outward from the United States. The master shall deposit the vessel's document with the district director before or at the time of entry. The document may be returned upon request to the master of a vessel of less than 100 gross tons engaged in taking out fishing parties. (c) The master of any foreign vessel shall exhibit the vessel's document to the district director on or before the entry of the vessel. After the net tonnage has been noted, the master may deliver it to the consul of the nation to which such vessel belongs, in which event he shall file with the district director the certificate required by section 435 of the Tariff Act. If not delivered to the consul, the document shall be deposited in the customhouse.21 (d) The master of every vessel required to make entry shall present on entry the pratique required by the pertinent regulations of the United States Public Health Service and shall pay all required fees and penalties incurred. (e) The master, licensed deck officer, or purser may appear in person at the customhouse to enter the vessel; or the required oaths, related documents, and other papers properly executed by the master or other proper officer may be delivered at the customhouse by the vessel agent or other personal representative of the master. (Sections 434, 435, 46 Stat. 711, as amended, sec. 366, 58 Stat. 705, R.S. 4576, as amended; 19 U.S.C. 1434, 1435, 42 U.S.C. 269, 46 U.S.C. 677.) 4.10 Request for overtime services.-- Request for overtime services in connection with the entry or clearance of a vessel, including the boarding of a vessel for the purpose of preliminary entry,22 shall be made on Customs Form 3171. (See section 24.16 of this chapter regarding pleasure vessels.) Such request for overtime services must specify the nature of the services desired and the exact times when they will be needed, unless a term special license (unlimited or limited to the service requested) has been issued (see section 4.30(g)) and arrangements are made locally so that the proper Customs officer will be notified during official hours in advance of the rendering of the services as to the nature of the services desired and the exact times they will be needed. Such request shall not be approved (previously issued term special licenses shall be revoked) unless the carrier complies with the provisions of paragraphs (1) and (m) of section 4.30 regarding terminal facilities and employee lists, respectively, and the required cash deposit or bond, on Customs Form 7567 or 7569, has been received. Separate bonds shall be required if overtime services are requested by different principals. (Secs 448, 451, 46 Stat. 714, 715, as amended; 19 U.S.C. 1448, 1451.) 4.11 Sealing of stores.-- Upon the arrival of a vessel from a foreign port, or a vessel engaged in the foreign trade from a domestic port, sea stores and ship's stores not required for immediate use or consumption on board while the vessel is in port and articles acquired abroad by officers and members of the crew, for which no permit to land has been issued, shall be placed under seal, unless the customs officer is of the opinion that the circumstances do not require such "It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 435 of this Act until such master shall produce to him a clearance in due form from the collector of the port where such vessel has been entered. Any consul offending against the provisions of this section shall be liable to a fine of not more than $5,000.'' (Tariff Act of 1930, sec. 438; 19 U. S. C. 1438.) "Except as provided in section 441 of this Act (relating to vessels not required to enter), no merchandise, passergers, 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 vehick, 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 liable for the payment of the duties accruing on any part thereof that may be removed from the place of unilading without a permit therefor having been issued. ***.” (Tariff Act of 1930, section 448 (a); 19 U. S. C. 1448 (a).) CR-56-B action. Customs inspectors in charge of the vessel, from time to time, as in their judgment the necessity of the case requires, may issue stores from under seal for consumption on board the vessel by its passengers and crew. (See sec. 4.39.) 4.12 Explanation of manifest discrepancy.--(a) (1) Vessel masters or agents shall notify the district director on Customs Form 5931 of shortages (merchandise manifested, but not found) or overages (merchandise found, but not manifested) of merchandise. (2) Shortages shall be reported to the district director by the master or agent of the vessel by endorsement on the importer's claim for shortage on Customs Form 5931 as provided for in section 158.3 of this chapter or within 60 days after the date of entry of the vessel, whichever is later. Satisfactory evidence to support the claim of nonimportation23 or of proper disposition, or other corrective action (see section 4.34) shall be obtained by the master or agent and shall be retained in the carrier's file for one year. (3) Overages shall be reported to the district director within 60 days after the date of entry of the vessel by completion of a post entry 24 or suitable explanation of corrective action (see section 4.34) on the Customs Form 5931. TDs 51288, 52021, 52773, 53336, 53792, 55436, 71–22, 76–81, TDs 72-258, 76-81. TD 76-81. (4) The district director shall immediately advise the master or agent of TD 76-81. those discrepancies which are not reported by the master or agent. Notification may be in any appropriate manner, including the furnishing of a copy of Customs Form 5931 to the master or agent. The master or agent shall satisfactorily resolve the matter within 30 days after the date of such notification or within 60 days after entry of the vessel, whichever is later. (5) Unless the required notification and explanation is made timely and TDs 72-211, 75–299. the district director is satisfied that the discrepancies resulted from clerical error or other mistake and that there has been no loss of revenue (and in the case of a discrepancy not initially reported by the master or agent that there was a valid reason for failing to so report), applicable penalties under section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall be assessed (see section 162.31 of this chapter). For the purpose of this section, the term "clerical error or other mistake" is defined as a non-negligent, inadvertent, or typographical mistake in the preparation, assembly, or submission of manifests. However, repeated similar manifest discrepancies by the same parties may be deemed the result of negligence and not clerical error or other mistake. For the purpose of assessing applicable penalties, the value of the merchandise shall be determined as prescribed in section 162.43 of this chapter. The fact that the master or owner has no knowledge of a discrepancy shall not relieve him from the penalty. (b) A correction in the manifest shall not be required in the case of bulk merchandise if the district director is satisfied that the difference between the manifested quantity and the quantity unladen, whether the difference constitutes an overage or a shortage, is an ordinary and usual difference properly attributable to absorption of moisture, temperature, faulty weighing at the port of lading, or other similar reason. A correction in the manifest shall not be required because of discrepancies between marks or numbers on packages of merchandise and the marks or numbers for the same packages as shown on the manifest of the importing vessel when the quantity and description of the merchandise in such packages are correctly given. (Secs. 440, 584, 46 Stat. 712, as amended, 748, as amended; 19 U.S.C. 1440, 1584.) TDs 53336, 55436. 29*** * * if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other person in charge or the owner of such vessel or vehicle shall be subject to a penalty of $500: Provided, That if the collector shall be satisfied that the manifest✶ ✶✶ is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred. * * *.” (Tariff Act of 1930, sec. 584, as amended; 19 U.S.C. 1584.) "If there is any merchandise or baggage on board such vessel which is not included in or which does not agree with the manifest, the master of the vessel shall make a post entry thereof, and mail or deliver a copy to such employee as the Secretary of the Treasury shall designate and for failure so to do shall be liable to a penalty of $500." (Tariff Act of 1930, sec. 440, as amended; 19 U. S. C. 1440.) CR-57 |