Act of 1930,' shall be submitted by the master on customs Form 3415. If no equipment has been purchased or repairs made, a declaration to that effect shall be made on customs Form 3415. Equipment purchased and repairs made in a foreign country are subject to duty, but such duty may be remitted under certain conditions. (See §§ 4.7 (b) (2) and 4.14 of this chapter.)

(b) The master shall also certify to the collector that any supplies listed as "sea stores" are intended for the exclusive use of the vessel. If the quantities thereof are excessive, duties shall be paid on the excess.

(c) Supplies listed as "saloon stores," intended for sale on board the vessel, are dutiable and shall be entered as merchandise.

(Sec. 465, 46 Stat. 718; 19 U. S. C. 1465) § 5.4 Inspection of baggage from contiguous foreign country.

Customs officers shall not open baggage for the purpose of making the inspection required by section 461, Tariff Act of 1930," but shall detain such bag

"The master of any vessel of the United States documented to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers shall, upon arrival from a foreign contiguous territory, file with the manifest of such vessel a detailed list of all samples or other merchandise purchased in such foreign country for use or sale on such vessel, and also a statement of the cost of all repairs to and all equipment taken on board such vessel. * If any such supplies, merchandise, repairs, or equipment shall not be reported, the master, or other person having charge of such vessel shall be liable to a fine of not less than $100 and not more than $500, or to imprisonment for not more than two years, or both." (Tariff Act of 1930, sec. 465; 19 U. S. C. 1465)

"All merchandise and baggage imported or brought in from any contiguous country, except as otherwise provided by law or by regulations of the Secretary of the Treasury, shall be unladen in the presence of and be inspected by a customs officer at the first port of entry at which the same shall arrive; and such officer may require the owner, or his agent, or other person having charge or possession of any trunk, traveling bag, sack, valise, or other container or of any closed vehicle, to open the same for inspection, or to furnish a key or other means for opening the same." (Tariff Act of 1930, sec. 461; 19 U. S. C. 1461)

gage until its owner or his agent opens or refuses to open it. If the owner or his agent refuses to open the baggage, it shall be opened and examined in accordance with the provisions of section 462, Tariff Act of 1930, unless a request is received from the owner or his agent to make other proper disposition thereof." Customs officers shall not unlock a vehicle or a compartment thereof for the purpose of examining baggage unless the owner or operator refuses to unlock such vehicle or compartment.

(Secs. 461, 462, 46 Stat. 717, 718; 19 U.S.C. 1461, 1462)

§ 5.5 Examination of baggage in foreign territory.

(a) United States customs officers stationed in foreign territory for that purpose may examine baggage being forwarded under baggage check, by express or in chartered cars of persons destined to the United States who have made proper declaration therefor, when requested to do so by such persons, but, except as to baggage being forwarded under baggage check, such examination shall not be made of baggage containing articles for which the $200 or $300 exemption is claimed under item 813.31 or 813.32, Tariff Schedules of the United States. Upon completion of the examination, a special green cardboard manifest not less than 21⁄2 by 41⁄2 inches in size supplied by the carrier shall be completed and attached under customs supervision to each piece of baggage by wire or cord and the baggage placed in the custody of the carrier. The special

"If such owner, agent, or other person shall fail to comply with his demand, the officer shall retain such trunk, traveling bag, sack, valise, or other container or closed vehicle, and open the same, and, as soon thereafter as may be practicable, examine the contents, and if any article subject to duty or any article the importation of which is prohibited is found therein, the whole contents and the container or vehicle shall be subject to forfeiture." (Tariff Act of 1930, sec. 462; 19 U.S.C. 1462)

'For procedure relative to the examination of uninspected baggage, form of declaration, exemption, and forwarding baggage in bond, see §§ 10.16-10.30 of this chapter.

tion, sticker labels other than official baggage stamps may be affixed to baggage examined and passed in foreign territory if the baggage is to be released in the United States by the same officer who examined and passed it in the foreign country. Such sticker labels shall bear suitable wording showing that the baggage has been passed by the United States customs.

(e) The removal of the special tag manifest or the customs car or compartment seal described in paragraphs (a) and (b) of this section may be done only by a customs officer. The tag manifest or any customs seal on the car or compartment shall be removed by the customs officer who boards the train at the port of first arrival in the United States. If the officer finds the special tag manifest, sticker label, or customs car or compartment seal missing or not intact (except as provided for in § 18.3(c) of this chapter), or for any other reason believes that the baggage has been tampered with en route to the United States, he shall detain it for examination.

(f) If the baggage is to re-enter contiguous foreign territory before it reaches the final port of entry into the United States, the tag manifest or the seal or seals shall be removed by the customs officer at the first port of entry in the United States after the last transit through foreign territory.

(g) No baggage containing dutiable merchandise in excess of that on which an exemption may be allowed shall be passed in foreign territory.

[28 F.R. 14620, Dec. 31, 1963, as amended by T.D. 67-281, 32 F.R. 17619, Dec. 9, 1967] § 5.6 Merchandise arriving from a contiguous foreign country in sealed vessels or vehicles.

Merchandise arriving from a contiguous foreign country, which is not to be unladen at the port of first arrival, may be transported to destination in sealed vessels or vehicles without inspection at the port of first arrival, subject to the conditions set forth in sections 463 and 464, Tariff Act of 1930,8 and §§ 18.2918.31 of this chapter.

(Sec. 463, 46 Stat. 718; 19 U. S. C. 1463)

8 "To avoid unnecessary inspection of merchandise imported from a contiguous country at the first port of arrival, the master of the vessel or the person in charge of the vehicle in which such merchandise is imported may apply to the customs officer of the United States stationed in the place from which such

§ 5.7 Supplies on international trains. (a) Articles subject to internal-revenue tax and other merchandise acquired in a foreign country constituting supplies of dining, observation, or buffet cars attached to international trains passing and repassing the boundary line, for which the train crew elects not to file an inventory, as provided for in paragraph (b) of this section, shall be subject to duty and tax unless locked or sealed in a separate compartment or locker upon arrival at the frontier port of the United States and the lock or seal remains unbroken until the final departure of the train from the United States at the frontier port.

(b) Supplies acquired abroad and not required to have internal-revenue stamps affixed thereto before release for consumption may be used in the United States if covered by an inventory furnished in duplicate to the proper customs officer at the time of arrival in the United States. The correctness of the inventory shall be sworn to by the person in charge of the railroad car. The in

merchandise is shipped, and such officer may seal such vessel or vehicle. Any vessel or vehicle so sealed may proceed with such merchandise to the port of destination under such regulations as the Secretary of the Treasury may prescribe." (Tariff Act of 1930, sec. 463; 19 U.S.C. 1463)

"If the master of such vessel or the person in charge of any such vehicle fails to proceed with reasonable promptness to the port of destination and to deliver such vessel or vehicle to the proper officers of the customs, or fails to proceed in accordance with such regulations of the Secretary of the Treasury, or unlades such merchandise or any part thereof at other than such port of destination, or disposes of any such merchandise by sale or otherwise, he shall be guilty of a felony and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than five years, or both; and any such vessel or vehicle, with its contents, shall be subject to forfeiture." (Tariff Act of 1930, sec. 464; 19 U.S.C. 1464)

* The conductor or person in charge of any railway car arriving from a contiguous country shall file with the manifest of such car a detailed list of all supplies or other merchandise purchased in such foreign country for use in the United States. If any such supplies, merchandise, repairs, or equipment shall not be reported, the master, conductor, or other person having charge of such vessel or vehicle shall be liable to a fine of not less than $100 and not more than $500, or to imprisonment for not more than two years. or both." (Tariff Act of 1930, sec. 465; 19 U. S. C. 1465)

ventory shall consist of an itemized list showing in parallel columns the kind and quantity of each class of supplies on hand in the car upon its arrival in the United States and the quantity used in the United States.

(c) The customs officer shall certify both copies of the inventory, retain the duplicate, and return the original to the person in charge of the car.

(d) Upon arrival of the railroad car at the port of exit on its return to the foreign country, the copy of the inventory which was returned by the customs officer at the port of arrival to the person in charge of the car shall be submitted to the proper customs officer after being completed by filling in the column showing the quantity of each item used in the United States and resworn to by the person in charge of the car.

(e) Entries must be filed and applicable duties and taxes paid at the port of exit on the quantities of inventoried supplies consumed in the United States.

(f) Supplies purchased in the United States shall be passed free of duty without inventory or entry.

(Sec. 465, 46 Stat. 718; 19 U. S. C. 1465) [28 F.R. 14620, Dec. 30, 1963, as amended by T.D. 67-49, 32 F.R. 1176, Feb. 2, 1967]

§ 5.8 Merchandise in transit between ports in the United States through contiguous foreign territory; proce dure at port of exit or lading on vessel.

(a) In accordance with the provisions of section 554, Tariff Act of 1930, merchandise may be transported from one port to another in the United States through Canada or Mexico without being subject to treatment as an importation when returned to the United States, upon compliance with the regulations in this section and in §§ 5.9 and 5.10.

(b) The merchandise shall be transported in sealed conveyances or compartments unless (1) it is in less-thanload or compartment lots, in which case

10 "With the consent of the proper authorities, imported merchandise, in bond or dutypaid, and products and manufactures of the United States may be transported from one port to another in the United States through contiguous countries, under such regulations as the Secretary of the Treasury shall prescribe, unless such transportation is in violation of section 4347 of the Revised Statutes, as amended, section 27 of the Merchant Marine Act, 1920, or section 588 of this Act." (Tariff Act of 1930, sec. 554; 19 U. S. C. 1554)

the packages may be forwarded without being corded and sealed, or (2) it consists of live animals to be transported in accordance with paragraph (c) of this section, or (3) its treatment in the same manner as less-than-load or compartment lots is authorized by the Bureau. The merchandise shall be covered by manifests conforming to such requirements as to color, size, form, and content as the Commissioner of Customs may specify for particular types of transactions. A separate multiple-copy in-transit manifest (U.S. customs Form 7533-C and Canada Form A42) furnished by the carrier shall be used on the Canadian border for each carload and less-thancarload shipment. When a rail shipment will enter and reenter Canada in transit in a continuing movement that alternately takes it into Canada and the United States while en route to a destination in the United States, the port of reentry to the United States shown on the in-transit manifest shall be the final port of reentry. In the case of a conveyance other than a railroad car, the conveyance shall be identified in a suitable manner, as by the name and rig of a vessel, in the place provided for car number and initials, and the certificate on the in-transit manifest shall be modified appropriately. The collector may require that the carrier execute the certificate on the U.S. Customs In-Transit Manifest as an alternative to certification of the form by a customs officer. In such a case, if the merchandise is forwarded without being under customs strap seals, the agent of the carrier shall carefully examine the packages covered by the in-transit manifests to satisfy himself that the merchandise agrees with the manifests as to quantity and description.

(c) Live animals which can be identified by specific description in the manifest may be transported in the care of an attendant or customs inspector at the expense of the parties in interest in conveyances or compartments not secured with customs seals.

(d) The information contained in the in-transit manifest shall correspond with the information contained in the waybill accompanying the conveyance.

(e) Each manifest shall be presented by the carrier to the customs officer at the port of exit of the conveyance or at the port of lading of the vessel, as the case may be. An extra copy of the manifest may be required to be furnished for

use as a record of the transaction at such port, provided it serves an essential administrative purpose. When the merchandise is to be transshipped under customs supervision in foreign territory, an additional copy of the manifest shall be so presented by the carrier for each place of transshipment. In the case of mixed ladings, that is, ladings made up of several shipments, which are to go forward in a conveyance or compartment sealed with customs seals, the description shall be "miscellaneous shipments." (f) Before the departure from the United States of an in-transit railroad train, the carrier concerned shall furnish to the customs inspector at the port of exit a train sheet, otherwise known as a consist, bridge sheet, or trip sheet, listing each car of the train and specifically indicating the in-transit cars.

(g) It shall be the duty of the carrier to affix blue in-transit seals to all openings of conveyances and compartments containing in-transit merchandise, except that on the Canadian border yellow in-transit seals shall be affixed to sealable carload or truckload shipments of in-transit merchandise, whether or not the cars or trucks are already sealed with United States customs red inbond seals, and except that in all other instances conveyances or compartments already secured by United States customs red in-bond seals may go forward without having blue or yellow intransit seals affixed thereto and without in-transit manifests. The collector may relieve the carrier of the responsibility of affixing in-transit seals by notifying it in writing that customs inspectors will assume it. The conveyance shall not proceed until after the customs inspector has finished the inspection and certified the in-transit manifest or verified its certification in accordance with paragraph (b) of this section.

(h) The original manifest shall accompany the merchandise and the additional copies required under paragraph (e) of this section when transshipment under customs supervision is involved shall be mailed to the customs officers stationed at the places of transshipment. When by reason of the carrier's schedule or other condition it is probable that the additional copy of the manifest if sent by mail will not reach the customs officer at the place of transshipment prior to the arrival of the merchandise, it may be given to the conductor, master, aircraft commander, or driver, as the

case may be, in a sealed envelope for delivery to such customs officer.

(Secs. 624, 554, 46 Stat. 743, 759; 19 U.S.C. 1554, 1624) [28 F.R. 14620, Dec. 31, 1963, as amended by T.D. 56235, 29 F.R. 11497, Aug. 11, 1964; T.D. 67–281, 32 F.R. 17619, Dec. 9, 1967]

§ 5.9 Transshipment; storage; feeding and watering livestock in Canada.

(a) Merchandise in transit may be transshipped in foreign territory from one conveyance to another. If the transshipment requires the breaking of customs strap seals, it shall be under the supervision of a customs officer, who shall also supervise the sealing of the conveyance or compartments to which the merchandise is transshipped, note his action on both the additional copy of the manifest received by him in accordance with 5.8(h) and on the conductor's, master's, aircraft commander's, driver's copy, and return the latter to the conductor, master, aircraft commander, or driver to accompany the merchandise.

or

(b) When the transshipment involves the breaking up of the in-transit contents of a conveyance or compartment, and the circumstances are such as to require separate manifests for articles previously covered by a single manifest, the customs officer supervising the transshipment shall take up the carrier's copy of the manifest and require the carrier to prepare a new manifest, in duplicate, for each conveyance to which the merchandise is transshipped. If there is to be a further transshipment, an additional copy of each new manifest shall be presented by the carrier for mailing by the customs officer to the customs officer at the point of further transshipment, or be forwarded in a sealed envelope in care of the conductor, master, aircraft commander, or driver as provided for in § 5.8 (h). After supervising the transshipment and sealing of the conveyances or compartments to which the merchandise is transshipped, and certifying the new manifests, the customs officer shall return the originals of such new manifests to the carrier to accompany the merchandise to the port of reentry into the United States.

(c) Live animals in sealed conveyances or compartments may be fed and watered in Canada under the supervision of United States or Canadian customs officers.

(d) When merchandise moving under in-transit manifests and customs strap

seals is to be stored in foreign territory awaiting transshipment, the customs officer at the place of transshipment shall check the merchandise into a storehouse, where it shall remain under customs locks or seals until transshipment is effected under customs supervision. (Sec. 554, 46 Stat. 743; 19 U.S.C. 1554) [28 F.R. 14620, Dec. 31, 1963, as amended by T.D. 67-281, 32 F.R. 17619, Dec. 9, 1967] § 5.10 Diversion or delay in foreign territory; procedure and treatment at port of reentry or discharge from vessel.

(a) In cases where in-transit cars are diverted, cut out of a train for any reason, or unusually delayed, the railroad superintendent at the point of such diversion, cut-out, or delay shall immediately notify the proper customs officer at the port of reentry by telegraph.

(b) When customs entry is made in Canada or Mexico for merchandise which left the United States is in an intransit status, the carrier shall send the in-transit seals and manifests to the ports where the manifests were first filed with customs, with an endorsement by the carriers' agent on each manifest showing that the merchandise was so entered.

(c) On arrival of an in-transit shipment the following procedure shall be followed:

(1) At the first port in the United States after transportation through foreign territory, the carrier shall present to the customs officer for each loaded conveyance the accompanying manifest or manifests described in § 5.8 and § 5.9; and in the case of a railroad train the conductor shall also present a train sheet showing the car initials and the car numbers. In the case of mixed ladings under § 5.8 (e), the waybills shall be available at the port of return or discharge for use by customs officers for necessary checking purposes.

(2) Upon arrival at an intermediate port of reentry, or exit, a rail shipment which has transited Canada and is destined for further in-transit movement through Canada may be permitted to go forward upon verification by the collector at the intermediate port that the accompanying in-transit manifest properly identifies the shipment. After satisfactory identification of the shipment, the in-transit manifest shall be returned to the carrier for further use. When the shipment arrives at the final port of re