TITLE 19--CUSTOMS DUTIES
CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF
HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents
Sec. 4.37 General order.
(a) Any merchandise or baggage regularly landed but not covered by a
permit for its release shall be allowed to remain at the place of
unlading until the fifteenth calendar day after landing. No later than
20 calendar days after landing, the master or owner of the vessel or the
agent thereof shall notify Customs of any such merchandise or baggage
for which entry has not been made. Such notification shall be provided
in writing or by any appropriate Customs-authorized electronic data
interchange system. Failure to provide such notification may result in
assessment of a monetary penalty of up to $1,000 per bill of lading
against the master or owner of the vessel or the agent thereof. If the
value of the merchandise on the bill is less than $1,000, the penalty
shall be equal to the value of such merchandise.
(b) Any merchandise or baggage that is taken into custody from an
arriving carrier by any party under a Customs-authorized permit to
transfer or in-bond entry may remain in the custody of that party for 15
calendar days after receipt under such permit to transfer or 15 calendar
days after arrival at the port of destination. No later than 20 calendar
days after receipt under the permit to transfer or 20 calendar days
after arrival under bond at the port of destination, the party shall
notify Customs of any such merchandise or baggage for which entry has
not been made. Such notification shall be provided in writing or by any
appropriate Customs-authorized electronic data interchange system. If
the party fails to notify Customs of the unentered merchandise or
baggage in the allotted time, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(c)(4) of this chapter).
(c) In addition to the notification to Customs required under
paragraphs (a) and (b) of this section, the carrier (or any other party
to whom custody of the unentered merchandise has been transferred by a
Customs authorized permit to transfer or in-bond entry) shall provide
notification of the presence of such unreleased and unentered
merchandise or baggage to a bonded warehouse certified by the port
director as qualified to receive general order merchandise. Such
notification shall be provided in writing or by any appropriate Customs-
authorized electronic data interchange system and shall be provided
within the applicable 20-day period specified in paragraph (a) or (b) of
this section. It shall then be the responsibility of the bonded
warehouse proprietor to arrange for the transportation and storage of
the merchandise or baggage at the risk and expense of the consignee. The
arriving carrier (or other party to whom custody of the merchandise was
transferred by the arriving carrier under a Customs-authorized permit to
transfer or in-bond entry) is responsible for preparing a Customs Form
(CF) 6043 (Delivery Ticket), or other similar Customs document
designated by the port director or an electronic equivalent as
authorized by Customs, to cover the proprietor's receiptof the
merchandise and its transport to the warehouse from the custody of the
arriving carrier (or other party to whom custody of the merchandise was
transferred by the carrier under a Customs-authorized permit to transfer
or in-bond entry) (see Sec. 19.9 of this chapter). Any unentered
merchandise or baggage shall remain the responsibility of the carrier,
master, or person in charge of the importing vessel or the agent thereof
or party to whom the merchandise has been transferred under a Customs
authorized permit to transfer or in-bond entry, until it is properly
transferred from his control in accordance with this paragraph. If the
party
[[Page 41]]
to whom custody of the unentered merchandise or baggage has been
transferred by a Customs-authorized permit to transfer or in-bond entry
fails to notify a Customs-approved bonded warehouse of such merchandise
or baggage within the applicable 20-calendar-day period, he may be
liable for the payment of liquidated damages of $1,000 per bill of
lading under the terms and conditions of his international carrier or
custodial bond (see Sec. Sec. 113.63(b), 113.63(c) and 113.64(b) of
this chapter).
(d) If a carrier or any other party to whom custody of the unentered
merchandise has been transferred by means of a Customs-authorized permit
to transfer or in-bond entry fails to timely relinquish custody of the
merchandise to a Customs-approved bonded General Order warehouse, the
carrier or other party may be liable for liquidated damages equal to the
value of that merchandise under the terms and conditions of his
international carrier or custodial bond, as applicable.
(e) If the bonded warehouse operator fails to take possession of
unentered and unreleased merchandise or baggage within five calendar
days after receipt of notification of the presence of such merchandise
or baggage under this section, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(a)(1) of this chapter). If the port director finds
that the warehouse operator cannot accept the goods because they are
required by law to be exported or destroyed (see Sec. 127.28 of this
chapter), or for other good cause, the goods will remain in the custody
of the arriving carrier or other party to whom the goods have been
transferred under a Customs-authorized permit to transfer or in-bond
entry. In this event, the carrier or other party will be responsible
under bond for exporting or destroying the goods, as necessary (see
Sec. Sec. 113.63(c)(3) and 113.64(b) of this chapter).
(f) In ports where there is no bonded warehouse authorized to accept
general order merchandise or if merchandise requires specialized storage
facilities which are unavailable in a bonded facility, the port
director, after having received notice of the presence of unentered
merchandise or baggage in accordance with the provisions of this
section, shall direct the storage of the merchandise by the carrier or
by any other appropriate means.
(g) Whenever merchandise remains on board any vessel from a foreign
port more than 25 days after the date on which report of arrival of such
vessel was made, the port director, as prescribed in section 457, Tariff
Act of 1930, as amended (19 U.S.C. 1457), may take possession of such
merchandise and cause it to be unladen at the expense and risk of the
owners of the merchandise. Any merchandise so unladen shall be sent
forthwith by the port director to a general order warehouse and stored
at the risk and expense of the owners of the merchandise.
(h) Merchandise taken into the custody of the port director pursuant
to section 490(b), Tariff Act of 1930, as amended (19 U.S.C. 1490(b)),
shall be sent to a general order warehouse after 1 day after the day the
vessel was entered, to be held there at the risk and expense of the
consignee.
[T.D. 98-74, 63 FR 51287, Sept. 25, 1998, as amended by T.D. 02-65, 67
FR 68032, Nov. 8, 2002]
[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR122.50]
[Page 583-585]
TITLE 19--CUSTOMS DUTIES
CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF
HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
PART 122_AIR COMMERCE REGULATIONS--Table of Contents
Subpart E_Aircraft Entry and Entry Documents
Sec. 122.50 General order merchandise.
(a) Any merchandise or baggage regularly landed but not covered by a
permit for its release shall be allowed to remain at the place of
unlading until the fifteenth calendar day after landing. No later than
20 calendar days after landing, the pilot or owner of the aircraft or
the agent thereof shall notify Customs of any such merchandise or
baggage for which entry has not been made. Such notification shall be
provided in writing or by any appropriate Customs-authorized electronic
data interchange system. Failure to provide such notification may result
in assessment of a monetary penalty of up to $1,000 per bill of lading
against the pilot or owner of the aircraft or the agent thereof. If the
value of the merchandise on the bill is less than $1,000, the penalty
shall be equal to the value of such merchandise.
(b) Any merchandise or baggage that is taken into custody from an
arriving
[[Page 584]]
carrier by any party under a Customs-authorized permit to transfer or
in-bond entry may remain in the custody of that party for 15 calendar
days after receipt under such permit to transfer or 15 calendar days
after arrival at the port of destination. No later than 20 calendar days
after receipt under the permit to transfer or 20 calendar days after
arrival under bond at the port of destination, the party shall notify
Customs of any such merchandise or baggage for which entry has not been
made. Such notification shall be provided in writing or by any
appropriate Customs-authorized electronic data interchange system. If
the party fails to notify Customs of the unentered merchandise or
baggage in the allotted time, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(c)(4) of this chapter).
(c) In addition to the notification to Customs required under
paragraphs (a) and (b) of this section, the carrier (or any other party
to whom custody of the unentered merchandise has been transferred by a
Customs authorized permit to transfer or in-bond entry) shall provide
notification of the presence of such unreleased and unentered
merchandise or baggage to a bonded warehouse certified by the port
director as qualified to receive general order merchandise. Such
notification shall be provided in writing or by any appropriate Customs-
authorized electronic data interchange system and shall be provided
within the applicable 20-day period specified in paragraph (a) or (b) of
this section. It shall then be the responsibility of the bonded
warehouse proprietor to arrange for the transportation and storage of
the merchandise or baggage at the risk and expense of the consignee. The
arriving carrier (or other party to whom custody of the merchandise was
transferred by the carrier under a Customs-authorized permit to transfer
or in-bond entry) is responsible for preparing a Customs Form (CF) 6043
(Delivery Ticket), or other similar Customs document as designated by
the port director or an electronic equivalent as authorized by Customs,
to cover the proprietor's receipt of the merchandise and its transport
to the warehouse from the custody of the arriving carrier (or other
party to whom custody of the merchandise was transferred by the carrier
under a Customs-authorized permit to transfer or in-bond entry) (see
Sec. 19.9 of this chapter). Any unentered merchandise or baggage shall
remain the responsibility of the carrier, pilot, or person in charge of
the importing aircraft, or the agent thereof, or party to whom the
merchandise has been transferred under a Customs authorized permit to
transfer or in-bond entry, until it is properly transferred from his
control in accordance with this paragraph. If the party to whom custody
of the unentered merchandise or baggage has been transferred by a
Customs-authorized permit to transfer or in-bond entry fails to notify a
Customs-approved bonded warehouse of such merchandise or baggage within
the applicable 20-calendar-day period, he may be liable for the payment
of liquidated damages of $1,000 per bill of lading under the terms and
conditions of his international carrier or custodial bond (see
Sec. Sec. 113.63(b), 113.63(c) and 113.64(b) of this chapter).
(d) If the carrier or any other party to whom custody of the
unentered merchandise has been transferred by a Customs-authorized
permit to transfer or in-bond entry fails to timely relinquish custody
of the merchandise to a Customs-approved bonded General Order warehouse,
the carrier or other party may be liable for liquidated damages equal to
the value of that merchandise under the terms and conditions of his
international carrier or custodial bond, as applicable.
(e) If the bonded warehouse operator fails to take possession of
unentered and unreleased merchandise or baggage within five calendar
days after receipt of notification of the presence of such merchandise
or baggage under this section, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(a)(1) of this chapter). If the port director finds
that the warehouse proprietor cannot accept the goods because they are
required by law to be exported or destroyed (see Sec. 127.28 of this
chapter), or for other good cause, the goods will remain in the custody
of the arriving carrier or other party to whom the goods have been
transferred
[[Page 585]]
under a Customs-authorized permit to transfer or in-bond entry. In this
event, the carrier or other party will be responsible under bond for
exporting or destroying the goods, as necessary (see Sec. Sec.
113.63(c)(3) and 113.64(b) of this chapter).
(f) In ports where there is no bonded warehouse authorized to accept
general order merchandise, or if merchandise requires specialized
storage facilities that are unavailable in a bonded facility, the port
director, after having received notice of the presence of unentered
merchandise or baggage in accordance with the provisions of this
section, shall direct the storage of the merchandise by the carrier or
by any other appropriate means.
(g) Merchandise taken into the custody of the port director pursuant
to section 490(b), Tariff Act of 1930, as amended (19 U.S.C. 1490(b)),
shall be sent to a general order warehouse after 1 day after the day the
aircraft arrived, to be held there at the risk and expense of the
consignee.
[T.D. 98-74, 63 FR 51288, Sept. 25, 1998, as amended by T.D. 02-65, 67
FR 68033, Nov. 8, 2002]
[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR123.10]
[Page 625-626]
TITLE 19--CUSTOMS DUTIES
CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF
HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
PART 123_CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents
Subpart A_General Provisions
Sec. 123.10 General order merchandise.
(a) Any merchandise or baggage regularly landed but not covered by a
permit for its release shall be allowed to remain at the place of
unlading until the fifteenth calendar day after landing. No later than
20 calendar days after landing, the owner or operator of the vehicle or
the agent thereof shall notify Customs of any such merchandise or
baggage for which entry has not been made. Such notification shall be
provided in writing or by any appropriate Customs-authorized electronic
data interchange system. Failure to provide such notification may result
in assessment of a monetary penalty of up to $1,000 per bill of lading
against the owner or operator of the vehicle or the agent thereof. If
the value of the merchandise on the bill is less than $1,000, the
penalty shall be equal to the value of such merchandise.
(b) Any merchandise or baggage that is taken into custody from an
arriving carrier by any party under a Customs-authorized permit to
transfer or in-bond entry may remain in the custody of that party for 15
calendar days after receipt under such permit to transfer or 15 calendar
days after arrival at the port of destination. No later than 20 calendar
days after receipt under the permit to transfer or 20 calendar days
after arrival under bond at the port of destination, the party shall
notify Customs of any such merchandise or baggage for which entry has
not been made. Such notification shall be provided in writing or by any
appropriate Customs-authorized electronic data interchange system. If
the party fails to notify Customs of the unentered merchandise or
baggage in the allotted time, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(c)(4) of this chapter).
(c) In addition to the notification to Customs required under
paragraphs (a) and (b) of this section, the carrier (or any other party
to whom custody of the unentered merchandise has been transferred by a
Customs authorized permit to transfer or in-bond entry) shall provide
notification of the presence of such unreleased and unentered
merchandise or baggage to a bonded warehouse certified by the port
director as qualified to receive general order merchandise. Such
notification shall be provided in writing or by any appropriate Customs-
authorized electronic data interchange system and shall be provided
within the applicable 20-day period specified in paragraph (a) or (b) of
this section. It shall then be the responsibility of the bonded
warehouse proprietor to arrange for the transportation and storage of
the merchandise or baggage at the risk and expense of the consignee. The
arriving carrier (or other party to whom custody of the merchandise was
transferred by the carrier under a Customs-authorized permit to transfer
or in-bond entry) is responsible for preparing a Customs Form (CF) 6043
(Delivery Ticket), or other similar Customs document as designated by
the port director or an electronic equivalent as authorized by Customs,
to cover the proprietor's receipt of the merchandise and its transport
to the warehouse from the custody of the arriving carrier (or other
party to whom custody of the merchandise was transferred by the carrier
under a Customs-authorized permit to transfer or in-bond entry) (see
Sec. 19.9 of this chapter). Any unentered merchandise or baggage shall
remain the responsibility of the carrier, master, or person in charge of
the importing vehicle or the agent thereof or party to whom the
merchandise has been transferred under a Customs authorized permit to
transfer or in-bond entry until it is properly transferred from his
control in accordance with this paragraph. If the party to whom custody
of the unentered merchandise or baggage has been transferred by a
Customs-authorized permit to transfer or in-bond entry fails to notify a
Customs-approved bonded warehouse of such merchandise
[[Page 626]]
or baggage within the applicable 20-calendar-day period, he may be
liable for the payment of liquidated damages of $1,000 per bill of
lading under the terms and conditions of his international carrier or
custodial bond (see Sec. Sec. 113.63(b), 113.63(c) and 113.64(b) of
this chapter).
(d) If the carrier or any other party to whom custody of the
unentered merchandise has been transferred by a Customs-authorized
permit to transfer or in-bond entry fails to timely relinquish custody
of the merchandise to a Customs-approved bonded General Order warehouse,
the carrier or other party may be liable for liquidated damages equal to
the value of that merchandise under the terms and conditions of his
international carrier or custodial bond, as applicable.
(e) If the bonded warehouse operator fails to take possession of
unentered and unreleased merchandise or baggage within five calendar
days after receipt of notification of the presence of such merchandise
or baggage under this section, he may be liable for the payment of
liquidated damages under the terms and conditions of his custodial bond
(see Sec. 113.63(a)(1) of this chapter). If the port director finds
that the warehouse proprietor cannot accept the goods because they are
required by law to be exported or destroyed (see Sec. 127.28 of this
chapter), or for other good cause, the goods will remain in the custody
of the arriving carrier or other party to whom the goods have been
transferred under a Customs-authorized permit to transfer or in-bond
entry. In this event, the carrier or other party will be responsible
under bond for exporting or destroying the goods, as necessary (see
Sec. Sec. 113.63(c)(3) and 113.64(b) of this chapter).
(f) In ports where there is no bonded warehouse authorized to accept
general order merchandise, or if merchandise requires specialized
storage facilities which are unavailable in a bonded facility, the port
director, after having received notice of the presence of unentered
merchandise or baggage in accordance with the provisions of this
section, shall direct the storage of the merchandise by the carrier or
by any other appropriate means.
(g) Merchandise taken into the custody of the port director pursuant
to section 490(b), Tariff Act of 1930, as amended (19 U.S.C. 1490(b)),
shall be sent to a general order warehouse after 1 day after the day the
vehicle arrived, to be held there at the risk and expense of the
consignee.
[T.D. 98-74, 63 FR 51289, Sept. 25, 1998, as amended by T.D. 02-65, 67
FR 68033, Nov. 8, 2002]
TITLE 19 > CHAPTER 4 > SUBTITLE III > Part III > § 1490 |
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§ 1490. General orders |
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Release date: 2004-08-06 |
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(a) Incomplete entry (1) Whenever— (A) the entry of any imported merchandise is not made within the time provided by law or by regulation prescribed by the Secretary; (B) the entry of imported merchandise is incomplete because of failure to pay the estimated duties, fees, or interest; (C) in the opinion of the Customs Service, the entry of imported merchandise cannot be made for want of proper documents or other cause; or (D) the Customs Service believes that any merchandise is not correctly and legally invoiced; the carrier (unless subject to subsection (c) of this section) shall notify the bonded warehouse of such unentered merchandise. (2) After notification under paragraph (1), the bonded warehouse shall arrange for the transportation and storage of the merchandise at the risk and expense of the consignee. The merchandise shall remain in the bonded warehouse until— (A) entry is made or completed and the proper documents are produced; (B) the information and data necessary for entry are transmitted to the Customs Service pursuant to an authorized electronic data interchange system; or (C) a bond is given for the production of documents or the transmittal of data. (b) Request for possession by Customs At the request of the consignee of any merchandise, or of the owner or master of the vessel or the person in charge of the vehicle in which the same is imported, any merchandise may be taken possession of by the Customs Service after the expiration of one day after the entry of the vessel or report of the vehicle and may be unladen and held at the risk and expense of the consignee until entry thereof is made. (c) Government merchandise Any imported merchandise that— (1) is described in any of subparagraphs (A) through (D) of subsection (a)(1) of this section; and (2) is consigned to, or owned by, the United States Government; shall be stored and disposed of in accordance with such rules and procedures as the Secretary shall by regulation prescribe. |
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File Type | application/msword |
File Title | Supporting Statement |
Author | Preferred Customer |
Last Modified By | Authorized User |
File Modified | 2005-03-22 |
File Created | 2005-03-22 |