entry in the United States, the manifest shall be surrendered with the train sheet to the customs officer at that port for checking and filing. (d) Upon the arrival at a port of entry of a vessel carrying in-transit merchandise, the master's copies of the intransit or in-bond manifests covering the merchandise given final customs release at that port shall be retained by customs at that port and the manifests, if any, covering merchandise to be discharged at subsequent ports of arrival shall be returned to the master of the vessel for surrender to customs at the next port, and so on as the vessel proceeds from port to port. (e) In-bond seals shall be broken only by a customs officer or by a person acting under the direction of a customs officer. In-transit seals may be broken by any carrier's employee, or by the consignee at any time or place after the merchandise under such seals has been released by customs upon return to the United States. (f) Merchandise which shall have been transshipped in foreign territory without customs supervision when the transshipment required the breaking of customs strap seals shall, upon return to the United States, be treated in the same manner as other merchandise arriving from Canada or Mexico, as the case may be. Similar treatment shall be accorded the merchandise in any other case if the inspector finds any of the customs seals applied to the conveyance or compartment at the port of exit are unlocked or missing. If any instances of substitution of merchandise are found, the merchandise shall be detained and the facts reported to the Bureau. (g) No in-transit merchandise arriving at ports in the United States shall be released until proper manifests are received, except that it may be treated as originating in Canada or Mexico, as the case may be. (h) No inward foreign manifests are required for merchandise returned to the United States as an in-transit movement under the regulations in this part. (Sec. 554, 46 Stat. 743; 19 U.S.C. 1554) F.R. 14620, Dec. 30, 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] [28 § 5.11 Merchandise in transit through the United States between ports of Canada or Mexico; procedure. (a) Subject to the applicable provisions of paragraphs (b) and (c) of this section, whenever merchandise (including baggage) arrives at a frontier port from Mexico or Canada in transit through the United States to the same country from which it arrived, the same procedure shall be followed as that prescribed for merchandise in transit through the United States to other foreign countries (§§ 18.14 and 18.20-18.24 of this chapter), except that (1) only four copies of customs Form 7512 or 7520 shall be required, (2) when the route is such that the train and cars will remain intact while proceeding through the United States, a consolidated train manifest containing the same information as is required on customs Form 7512 or 7520 may be used, and (3) a joint United States-Canada in-transit baggage card (United States customs Form 7524, Canada customs Form A-21) shall be used in lieu of the baggage card described in § 18.13 of this chapter for baggage arriving at a frontier port from Canada. One copy of customs Form 7512 or 7520 shall be delivered to the conductor, master, or person in charge to accompany the conveyance and be delivered to the collector at destination for his record. When baggage arrives at a Canadian frontier port for in-transit movement through the United States in bond and return to Canada, the joint United States-Canada in-transit baggage card will be filled out and securely attached to the baggage and the attachment verified by a Canadian customs officer before the baggage leaves Canada. No other in-transit baggage card shall be required to be attached to the baggage before its movement in bond through the United States, provided the in-transit baggage card placed on the baggage in Canada is found properly prepared and attached. (b) When sealable carload or truckload shipments of merchandise arrive at Canadian frontier ports for in-transit movement through the United States in bond and return to Canada, bright green intransit seals will be placed on the cars or trucks and the sealing thereof verified by Canadian customs officers before the cars or trucks depart from Canada. No other in-transit seals shall be required to be placed on such cars or trucks before their movement in bond through the United States provided the seals placed on the cars or trucks in Canada are found to be locked and properly attached. In-transit manifest forms of the kind referred to in § 5.8 (b) may be used in lieu of customs Form 7512 or 7520, as the case may be, for such sealed carload shipments of in-transit merchandise. In-transit manifest forms so used in lieu of customs Form 7512 or 7520 shall be serially numbered in a separate series of numbers. (c) A commercial traveler arriving at a Canadian frontier port with his samples which are to be transported in his own automobile through the United States to another port in Canada without being displayed in the United States, may present the samples, if the outer containers can be effectively sealed, to a Canadian customs officer at the port of departure from Canada for cording and sealing with uncolored automatic metal in-transit seals. As a condition for such cording and sealing, the traveler will be required to furnish to the Canadian customs officer a list, in duplicate, of all the articles in the containers with the approximate values of the articles shown. Such list will bear the traveler's name and address. Upon the arrival of the commercial traveler in the United States with his samples effectively corded and sealed as set forth above, and upon presentation to the United States customs officer of the original list of samples properly authenticated by the Canadian customs officer, the samples may be transported through the United States without disturbing the cords and seals and without further sealing of the samples in the United States. Bonded common carrier facilities are not considered to be reasonably available to a commercial traveler under the above described circumstances and, therefore, he may be permitted to transport his samples in his own automobile, subject to the conditions of § 18.20 (b) of this chapter. The traveler shall be required to execute and file customs Form 7520, in triplicate, at the port of his arrival in the United States as an in-transit manifest covering the movement to the port of exit from the United States of any portion of his samples which is not released from customs custody. In preparing customs Form 7520 for commercial travelers' samples, descriptions, quantities, and values may be shown thereon by merely noting "Commercial Samples", the number of the corded and sealed containers, and the approximate total value of the samples. (d) When all the merchandise arriving on one vehicle is to move in transit through the United States in the importing vehicle in a continuing movement, the copy of customs Form 7512 to be retained at the port of first arrival may be prepared to permit its use as a combined inward foreign and in-bond manifest. When customs Form 7512 is to be used in this manner, the foreign port of lading shall be shown and a certificate in the following form shall be executed by the person in charge of the vehicle: I, the undersigned, certify that this transportation entry and manifest contains, to the best of my knowledge and belief, a just and true account of all the goods, wares, and merchandise, including packages of every kind and nature whatsoever, which constituted the lading of the vehicle named herein when it first arrived within the limits of the United States, and that I have been, since the arrival of the said vehicle within the United States, the person in charge of said vehicle and that no packages whatsoever, nor any goods, wares, or merchandise, have been in any way removed from said vehicle since its arrival within the United States. And I further certify that, if I shall hereafter discover or know of any error, discrepancy, or omission in this entry and manifest, I will immediately and without delay make due report thereof to the collector of the district to whom this report is now delivered. Dated Signature The above prescribed form of certificate, which can be put on a rubber stamp approximately 2′′ x 5′′ in size, may be legibly stamped on the form or on a separate paper securely fastened thereto. (Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553) § 5.12 Locomotives; railroad equipment; when entry required.1oa (a) Foreign locomotives or other foreign railroad equipment in use on a continuous route crossing the boundary into the United States shall be admitted without entry or the payment of duty to proceed to and return from the end of 10a "(a) Vehicles and other instruments of international traffic, of any class specified by the Secretary of the Treasury, shall be granted the customary exceptions from the application of the customs laws to such extent and subject to such terms and conditions as may be prescribed in regulations or instructions of the Secretary of the Treasury." (Tariff Act of 1930, sec. 322(a), as amended; 19 U.S.C. 1322 (a)) the run; that is, in the case of locomotives, the last place to which the locomotive takes the inbound train by a continuous haul, and, in the case of other equipment, the place of complete unloading. Unless formally entered and cleared through customs in the United States, such locomotives or other equipment shall not be used on the inward trip otherwise than in connection with the continuous run, which includes switching of cars of a train that it has hauled into the United States. On the return trip, the locomotives may be used only in connection with through trains crossing the boundary, including the switching to make up such trains, but the other equipment may be used in such trains or for such local traffic as is reasonably incidental to its economical and prompt return to the country from which it entered the United States. Empty foreign railroad cars shall enter the United States without formal entry to be loaded only if the passengers or goods are to be transported directly to or through the country from which the cars entered the United States. Customs officers shall seize any locomotive or other railroad equipment used in violation of this regulation as being imported contrary to law. (b) Domestic locomotives or other domestic railroad equipment," upon which repairs have been made in a foreign country shall be subject, upon reentry into the United States, to a duty upon the value of the repairs at the rate at which the locomotive or other equipment would be dutiable if imported, but no such duty shall be assessed by reason of repairs required to restore any such article to the condition in which it last left the United States. A report of the first arrival in the United States of such equipment after it has been repaired in a foreign country shall be made promptly, in writing, to the United States Customs at the port of entry, such report to state the time and place of arrival. (Sec. 14, 67 Stat. 516; 19 U. S. C. 1822) 11 For the purpose of this section, locomotives or other railroad equipment manufactured in, or regularly imported into, the United States, and not subsequently cleared through foreign customs into another country, nor used in foreign local traffic otherwise than as an incident of the return of the equipment to the United States, shall be considered "domestic." Other railroad equipment shall be considered "foreign." § 5.13 Stolen automobiles, trailers, and airplanes returned to United States; entry not required. Collectors of customs shall admit from Mexico, under the provisions of Executive Order 7965, dated August 29, 1938, 3 CFR, 1943 Cum. Supp., without entry and without the payment of duty, alleged stolen or embezzled motor vehicles, trailers, airplanes, or component parts of any of them, if accompanied by a letter from the United States Embassy in Mexico City stating that such Embassy is satisfied from information furnished it that the property, which must be adequately described in the letter for identification purposes, is stolen property being returned to the United States under the provisions of the convention between the United States and Mexico concluded October 6, 1936. § 5.15 Buildings on boundary; chandise deposited therein. mer When any merchandise on which the duty has not been paid or which was imported contrary to law is found in any building upon or within 10 feet of the boundary line between the United States and any foreign country, such merchandise shall be seized and the building or that portion thereof which is within the United States shall be taken down or removed.13 (Sec. 595, 46 Stat. 752; 19 U.S.C. 1595) 18 "If any collector of customs or other officer or person authorized to make searches and seizures shall have cause to suspect the presence in any dwelling house, store, or other building or place of any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States contrary to law, he may make application, under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any United States commissioner, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise: Provided, That if any such house, store, or other building, or place in which such merchandise shall be found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken down or removed." (Tariff Act of 1930, sec. 595 (a); 19 U.S.C. 1595 (a)) "Whoever receives or deposits any merchandise in any building upon the boundary line between the United States and any foreign country, or carries any merchandise through the same, in violation of law, shall be fined not more than $5,000 or imprisoned not more than two years, or both." (18 U.S.C. 547) 6.12 6.13 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 Documents for clearance, or for certain departures. Residue cargo. General provisions. Penalties. International airports; regulations. Certificate of lading for exportation. Conditions for transportation of transit air cargo. Timely delivery and exportation. Transportation of transit air cargo to an interior port of destination. 6.23 Transportation of transit air cargo to another port for exportation. 6.24 Exportation of transit air cargo at port of arrival. AUTHORITY: The provisions of this Part 6 issued under R.S. 251, sec. 624, 46 Stat. 759, secs. 904, 1109, 72 Stat. 787, 799, as amended, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 19 U.S.C. 66, 1624, 49 U.S.C. 1474, 1509, Gen. Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted. SOURCE: The provisions of this Part 6 appear at 28 F.R. 14626, Dec. 31, 1963, unless otherwise noted. CROSS REFERENCE: For Air Commerce Regulations issued by the Surgeon General of the Public Health Service, Department of Health, Education, and Welfare see 42 CFR 71.501 to 71.506. 171 of Columbia, including the territorial waters thereof and the overlying air space, but shall not include the Canal Zone. (c) The term "area" shall mean either one of the following: (1) The States and the District of Columbia, (2) Puerto Rico. (d) The term "aircraft" means civil aircraft, that is, any aircraft not used exclusively in the governmental service of the United States or a foreign country, and includes any government-owned aircraft engaged in carrying persons or property for commercial purposes. (e) The term "aircraft commander" means the person serving on the aircraft having charge or command of its operation and navigation. airline" (f) The term "scheduled means any individual, partnership, corporation, or association engaged in air transportation upon regular schedules to, over, or away from the United States, or from area to area, and holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board. (g) The term "authorized person" (authorized agent of an owner or operator) means any person who by written authority, satisfactory to the collectorof customs, has been designated to act for and in the place of an owner or operator of a scheduled airline or who by power of attorney has been authorized to act for and in the place of an owner or operator of a nonscheduled airline. (h) The term "international airport" means any airport designated by the Secretary of the Treasury or the Commissioner of Customs as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried on such aircraft, by the Attorney General as a port of entry for aliens arriving on such aircraft, and by the Secretary of Health, Education, and Welfare as a place for quarantine inspection. that permission to land is not required for an emergency or forced landing. In the case of scheduled aircraft operated by scheduled airlines, such permission shall be granted by the Bureau of Customs, and in all other cases by the collector of customs or other customs officer in charge at the port of entry or customs station nearest the intended place of first landing. For procedure to be followed in case of emergency or forced landing see paragraph (g) of this section. When the Bureau of Customs grants permission to land elsewhere than at an international airport, the Bureau shall immediately notify the heads of the Public Health Service, the Immigration and Naturalization Service, and of any other agency likely to be concerned with the landing, and, when a collector or other customs officer grants such permission, he shall immediately notify the principal local officer of each such agency. In cases where such permission is given, the owner, operator, or person in charge of the aircraft shall pay the additional expenses, if any, incurred in inspecting the aircraft, passengers, employees, and merchandise, including baggage, carried therein. When such permission is granted to a scheduled airline to land aircraft operating on a schedule, no inspection charge shall be made except for overtime service performed by customs officers. (1) (b) Advance notice of arrival. Before an aircraft comes into any area from any place outside the United States, for security reasons, and in order to avoid the penalties provided for in § 6.11, a timely notice of intended flight must be furnished, either by or at the request of the commander of the aircraft, to the collector or other customs officer in charge at or nearest the intended place of first landing in such area. That officer shall notify the officers in charge of the other Government services. When, by reason such as departure from a remote place, dependable facilities for giving notice are not available, a landing shall be made at a place where the necessary facilities do exist before coming into any area from any place outside the United States. However, radio equipment of the plane may be used if this will result in the giving of adequate and timely notice. Advance notice shall not be required in the case of aircraft of a scheduled airline arriving in accordance with a regular schedule filed with the collector of customs for the district in which the place of first landing is situated. If, upon landing in any area, the aircraft commander finds that the Government officers have not arrived, the aircraft commander must hold the aircraft and any merchandise, including baggage, thereon intact, and keep the passengers and crew members in a segregated place until the inspection officers are available. (2) Each notice of an intended flight shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the international airport or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival; and shall be sent so as to be received in sufficient time to enable the officers designated to inspect the aircraft to reach the international airport or such other place of first landing prior to the arrival of the aircraft. (c) Permission to discharge or depart. No aircraft arriving in the United States from any place outside thereof, or in an area from another area carrying residue foreign cargo (see § 6.9) shall depart from the place of landing, or discharge any passengers or merchandise, including baggage, without receiving permission from the customs officers in charge. (d) Permit to proceed; foreign aircraft. (1) Aircraft are subject to customs entry when brought in for repairs or when otherwise treated as imported articles. Before an aircraft which is not treated as an imported article, which is registered in a foreign country, and which arrives in the United States carrying passengers for hire or merchandise is ferried (proceeds in ballast) from the airport of first arrival to one or more airports in the United States, its commander shall obtain from the collector of customs at the airport of first arrival a permit on customs Form 4449 allowing the aircraft to proceed from airport to airport in the United States, which shall be retained on board such aircraft while in the United States. At each airport visited, the customs officer there, or, if there is none, the airport manager, shall make an endorsement on the back of such permit showing the name of the airport, date and time of arrival, date and time of departure, and purpose of the visit. The permit shall be surrendered to the collector of customs at the port of final clearance for a foreign des |