or place and every foreign vessel' arriving at a port in the United States from another such port or from a foreign port or place shall make entry 10 at the customhouse within 48 hours after arrival."

(b) For the purposes of this part the time of departure of a vessel shall be that time when she gets under way on her outward voyage and proceeds on the voyage without thereafter coming to rest in the harbor from which she is going. (R. S. 2793, as amended, secs. 434, 435, 441, 46 Stat. 711, as amended, 712, as amended; 19 U. S. C. 288, 1434, 1435, 1441, 46 U. S. C. 111)

§ 4.4 Canal Zone; arrival and entry from. For the purposes of the laws relating to reports of arrival and entry of vessels, the Canal Zone shall be regarded as foreign territory. Vessels which merely transit the Canal Zone without transacting any business there shall not be required to report their arrival or to enter because of such transit.

§ 4.5 Army and Navy transports. (a) No vessel of the Army or Navy Transport Service arriving from a foreign port without commercial cargo shall be required to enter at the customhouse, but the commanding officer or master of the vessel shall prepare in triplicate a mani

'Every undocumented vessel of 5 net tons or over owned by an alien, whether or not such alien is a resident of the United States, is a foreign vessel.

10 "Whenever, under any provision or provisions of any statute of the United States, it is made the duty of the masters of vessels to make entry and clearance of same, it shall be lawful for such duties to be performed by any licensed deck officer or purser of such vessel; and when such duties are performed by a licensed deck officer or purser of such vessel, such acts shall have the same force and effect as if performed by masters of such vessels: Provided, That nothing herein contained shall relieve the master of any penalty or liability provided by any statute relating to the entry or clearance of vessels." (46 U. S. C. 91a)

Every master who presents a forged, altered, or false document or paper on making entry of a vessel as required by section 434 or 435 of this Act, knowing the same to be forged, altered or false and without revealing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment." (Tariff Act of 1930, sec. 436, as amended; 19 U. S. C. 1436)

11 See § 4.2 (b).

(b) The original manifest shall be filed with the collector within 48 hours after the arrival of the vessel and a copy shall be mailed or delivered to the comptroller of customs for the port. The other copy shall be made available for use by the discharging inspector at the pier. (Sec. 498, 46 Stat. 728; 19 U. S. C. 1498)

§ 4.6 Departure or unlading before report or entry. (a) The provisions of section 585 Tariff Act of 1930, as amended,"

12 See § 10.25 (a) of this chapter.

13 "If any vessel or vehicle from a foreign port or place arrives within the limits of any collection district and departs or attempts to depart, except from stress of weather or other necessity, without making a report or entry under the provisions of this chapter, or if any merchandise is unladen therefrom before such report or entry, the master of such vessel shall be liable to a penalty of $5,000, and the person in charge of such vehicle shall be liable to a penalty of $500, and any such vessel or vehicle shall be forfeited, and any

apply to foreign as well as American vessels, but shall not be applied to a vessel merely passing through waters within the limits of a collection district in the ordinary course of her voyage.

(b) The "limits of any collection district" as used herein are those defined by § 1.1 of this chapter, including the marginal waters to the 3-mile limit on the seaboard and the waters to the boundary line on the northern and southern boundaries.

(Sec. 585, 46 Stat. 749, as amended; 19 U. S. C. 1585)

§ 4.7 Inward foreign manifest; production on demand; contents and form. (a) The master of every vessel arriving in the United States and required to make entry shall have on board his vessel a manifest, as required by section 431, Tariff Act of 1930." The manifest shall be legible and complete on customs officer of the customs may cause such vessel or vehicle to be arrested and brought back to the most convenient port of the United States. (Tariff Act of 1930, sec. 585, as amended 19 U. S. C. 1585)

14 "The master of every vessel arriving in the United States and required to make entry shall have on board his vessel a manifest in a form to be prescribed by the Secretary of the Treasury and signed by such master under oath as to the truth of the statements therein contained. Such manifest shall contain:

"First. The names of the ports or places at which the merchandise was taken on board and the ports of entry of the United States for which the same is destined, particularly describing the merchandise destined to each such port: Provided, That the master of any vessel laden exclusively with coal, sugar, salt, nitrates, hides dyewoods, wool, or other merchandise in bulk consigned to one owner and arriving at a port for orders, may destine such cargo 'for orders,' and within fifteen days thereafter, but before the unlading of any part of the cargo such manifest may be amended by the master by designating the port or ports of discharge of such cargo, and in the event of failure to amend the manifest within the time permitted such cargo must be discharged at the port at which the vessel arrived and entered.

"Second. The name, description, and build of the vessel, the true measure or tonnage thereof, the port to which such vessel belongs, and the name of the master of such vessel.

"Third. A detailed account of all merchandise on board such vessel, with the marks and numbers of each package, and the number and description of the packages according to their usual name or denomination, such as barrel, keg, hogshead, case, or bag.

Form 7527-A, except that a collector of customs is authorized to permit the use of customs Form 7527-B in his district, in lieu of customs Form 7527-A, to such extent as customs Form 7527-B will meet his requirements. The original and one copy of the manifest shall be ready for production on demand.15 In addition, there shall be at least two other copies except when only one is required for local customs purposes, but a reasonable time shall be allowed by the boarding officer for the preparation of the additional copy or copies. If the manifest is in a foreign language, a translation shall be furnished with the original and with each copy.

(b) The master shall deliver the original and one copy of the manifest to the boarding officer, one copy to the discharging inspector, when required, and shall mail or deliver one copy to the comptroller of customs in accordance with section 439, Tariff Act of 1930.16

"Fourth. The names of the persons to whom such packages are respectively consigned in accordance with the bills of lading issued therefor, except that when such merchandise is consigned to order the manifest shall so state.

"Fifth. The names of the several passengers aboard the vessel, stating whether cabin or steerage passengers, with their baggage, specifying the number and description of the pieces of baggage belonging to each, and a list of all baggage not accompanied by passengers.

"Sixth. An account of the sea stores and ship's stores on board of the vessel." (Tariff Act of 1930, sec. 431; 19 U. S. C. 1431)

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)

(c) The list of passengers and their baggage required by the fifth subdivision of section 431, Tariff Act of 1930, shall be on customs and immigration Forms I-415 and I-416 or a substantially similar form. An additional copy of such list shall be filed with the original manifest and shall be placed in a permanent record kept for that purpose. No such list or copy 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) The manifest shall separately specify articles to be retained aboard at sea or ship's stores, as required by section 432, Tariff Act of 1930." Less than whole packages of sea or ship's stores may be described as “sundry small and broken stores."

(e) All articles on board the vessel acquired abroad by officers and members of the crew, except such articles as are exclusively for use on the voyage, shall be specified in the list of sea stores in the following form:

customs for the district in which the port of entry is located, 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 said comptroller of customs 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; 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." (60 Stat. 882)

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)

(Secs. 431, 581 (a), 583, 46 Stat. 710, 747, 748; 19 U. S. C. 1431, 1581 (a), 1583)

§ 4.8 Preliminary entry. If it is desired to discharge or take on passengers, baggage, or cargo prior to formal entry of the vessel, preliminary entry of the vessel shall be made by compliance with § 4.30 and execution by the master on customs Form 3255 of the oath prescribed by section 448 (a), Tariff Act of 1930.18 (Sec. 448, 46 Stat. 714; 19 U. S. C. 1448)

§ 4.9 Formal entry. (a) The formal entry of a vessel of the United States shall be in accordance with section 434, Tariff Act of 1930.1 The required oath shall be on customs Form 3251. Such entry of a foreign vessel shall be in accordance with section 435, Tariff Act of 1930.20

18 .

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. (Tariff Act of 1930, sec. 448 (a); 19 U. S. C. 1448 (a))

10 "Except as otherwise provided by law, and under such regulations as the Secretary of Commerce [Commissioner of Customs] may prescribe, the master of a vessel of the United States arriving in the United States from a foreign port or place shall, within forty-eight 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. Sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

20 "The master of any foreign vessel arriving within the limits of any customs collection district shall, within forty-eight hours there

(b) Upon the entry of an American vessel, a certified copy of the crew list shall be filed with the collector in the manner and form prescribed by the United States Coast Guard. The master shall deposit his register or frontier enrollment with the collector before or at the time of entry. The collector may give the master a certificate of deposit on customs Form 1370. If the collector gives the master such a certificate, it shall be exchanged for the vessel's document upon clearance of the vessel, or upon its departure if clearance is not required.

(c) The master of any foreign vessel shall exhibit his register to the collector 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 collector the certificate required by section 435 of the tariff act. If not delivered to the consul, the register shall be deposited in the customhouse."1

(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 (42 CFR Chapter I) and shall pay all required fees and penalties incurred.

(Secs. 434, 435, 46 Stat. 711, as amended, sec. 366, 58 Stat. 705; 19 U. S. C. 1434, 1435, 42 U. S. C. 269)

after, 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)

21 "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)

§ 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," if made at the time the application to unlade or lade is filed, may be on customs Form 3171 in the space provided therefor, but if made thereafter the request for overtime services shall be on customs Form 3853. Such request for overtime services shall not be approved by the collector unless the required bond on customs Form 7567 or 7569 shall have been filed.

(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 opin

22 "Except as provided in section 441 of this Act (relating to vessels not required to enter), no merchandise, passengers, 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 vehicle, 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 unlading without a permit therefor having been issued. • (Tariff Act of 1930, section 448 (a); 19 U. S. C. 1448 (a))

"

ion that the circumstances do not require such 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 § 4.39.)

(a) If

§ 4.12 Correction of manifest. the inward foreign manifest is shown by the inspector's report on customs Form 5931 or otherwise to be incorrect, it shall be corrected promptly. Collectors of customs shall, by such means as they may deem appropriate, notify masters or agents of vessels of shortages or overages in cargoes which require the filing of shortage affidavits or post entries.

(b) If any manifested merchandise is not found on board,23 the manifest shall be corrected by filing with the collector an affidavit on customs Form 3249.

(c) If there is on board any merchandise, including bulk merchandise and baggage, which is not included in, or does not agree with, the manifest," the

23

* 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)

*

"

24 "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 the comptroller of customs for the district in which the port of entry is located and for failure so to do shall be liable to a penalty of $500." (Tariff Act of 1930, sec. 440; 19 U. S. C. 1440) and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel or vehicle which is not included or described in said manifest or does not agree therewith, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle shall be liable to a penalty equal to the value of the merchandise so found or unladen, and any such merchandise belonging or consigned to the master or other officer or to any of the crew of such vessel, or to the owner or person in charge of such vehicle, shall be subject to forfeiture,

manifest shall be corrected by the execution in duplicate of a post entry on customs Form 3257. The original shall be filed with the collector and the duplicate shall be mailed or delivered promptly to the comptroller of customs.

(d) A correction in the manifest shall not be required in the case of bulk merchandise if the collector 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.

(e) If the discrepancy is not explained to the satisfaction of the collector, the penalties prescribed by section 584, Tariff Act of 1930, as amended, shall be imposed. For the purpose of assessing such penalties the value of the merchandise is that defined in § 23.12 of this chapter. The fact that the master or owner had no knowledge that the discrepancy existed does not relieve him from the penalty.

(Secs. 440, 584, 46 Stat. 712, 748, as amended; 19 U. S. C. 1440, 1584)

§ 4.13 Alcoholic liquors on vessels of not over 500 tons.25 (a) When a vessel of

25 "In addition to any other requirement of law, every vessel, not exceeding five hundred net tons, from a foreign port or place, or which has visited a hovering vessel, shall carry a certificate for the importation into the United States of any spirits, wines, or other alcoholic liquors on board thereof (sea stores excepted), destined to the United States, said certificate to be issued by a consular officer of the United States or other authorized person pursuant to such regulations as the Secretary of State and the Secretary of the Treasury may jointly prescribe. Any spirits, wines, or other alcoholic liquors (sea stores excepted) found, or discovered to have been, upon any such vessel at any place in the United States, or within the customs waters, without said certificate on board, which are not shown to have a bona fide destination without the United States, shall be seized and forfeited and, in the case of any such merchandise so destined to a foreign port or place, a bond shall be required in double the amount of the duties to which such merchandise would be subject if imported into the United States, conditioned