Supporting Regulations and Laws

United States Customs Service, Treasury
permitted by the port director (see
§ 19.36(g)).
[T.D. 92–81, 57 FR 37698, Aug. 20, 1992, as
amended by T.D. 97–19, 62 FR 15840, Apr. 3,
1997]

§ 19.38 Supervision of exportation.
(a) Sales ticket withdrawals. Conditionally duty-free merchandise withdrawn under the sales ticket procedure
for exportation shall be exported only
under Customs supervision as provided
in this section and § 19.39 of this part.
General Customs supervision shall be
exercised as provided in § 19.4 of this
part and § 101.2(c) of this chapter, and
may consist of spot checks of exportation transactions, examination of articles being exported, and audits of the
proprietor’s records.
(b) Supervision of ATF bonded exports.
Customs officers may conduct general
supervision of exportations of cigarettes and cigars from ATF export
bonded warehouses (see 27 CFR part
290) in conjunction with exportation
from duty-free stores.
[T.D. 92–81, 57 FR 37698, Aug. 20, 1992, as
amended by T.D. 98–22, 63 FR 11825, Mar. 11,
1998]

§ 19.39 Delivery for exportation.
(a) Delivery to land border locations—
(1) Land border locations. Land border location means an exit point (see
§ 19.35(d)) from which individuals depart
to a contiguous country by vehicle or
on foot by bridge, tunnel, highway,
walkway, or by ferry across a boundary
lake or river, but not including departure to a contiguous country by air or
sea. Deliveries from a duty-free store
for exportation from such locations
shall be made to the purchaser only beyond the exit point, except as specified
in paragraph (a)(2) of this section.
(2) Delivery at or before exit point. Delivery of such merchandise may be
made at or before the exit point of any
location approved by Customs as of August 23, 1988. In such cases, delivery
shall be done under the physical supervision of a Customs officer, or in accordance with established guidelines as
required by § 19.36(b) of this part. The
officer shall sign the sales ticket certifying exportation and return it to the
proprietor for retention in the files.
The port director may also require that

§ 19.39
the warehouse proprietor have the person receiving the article sign the same
copy to certify receipt.
(b) Delivery to seaport locations—(1)
Seaport location. Seaport location means
an exit point (see § 19.35(d)) from which
conditionally duty-free merchandise is
delivered to departing individuals for
exportation by vessel of more than 5
net tons which is departing directly
from the Customs territory to touch
and trade in a foreign country. Deliveries for exportation from such locations may be made only beyond the
exit point, except as specified in paragraph (b)(2) of this section.
(2) Delivery at or before exit point. Delivery of such merchandise may be
made at or before the exit point in the
case of any locations approved by Customs as of August 23, 1988. In such
cases, delivery shall be done under the
physical supervision of a Customs officer, or in accordance with established
guidelines as required by § 19.36(b) of
this part. The officer shall sign the
sales ticket certifying exportation and
return it to the proprietor for retention in the files. The port director may
also require that the warehouse proprietor have the person receiving the article sign the same copy to certify receipt.
(c) Delivery to airport locations. Airport
location means an exit point from
which conditionally duty-free merchandise is delivered to departing individuals for exportation on a scheduled,
chartered, or ‘‘for-hire’’ airline. Delivery of conditionally duty-free merchandise to be exported from such locations may be made by one of the following five procedures:
(1) Delivery in sterile area. A sterile
area is an area that is within the airport and to which access is restricted
to those passengers departing from
Customs territory. In such cases, delivery will be made directly to the purchaser (or a family member or companion travelling with the purchaser)
for carrying aboard the aircraft. This
method of delivery is not authorized if
there is any mixture in the sterile area
of individuals arriving from a foreign
country, or individuals arriving or departing on a domestic flight, with individuals departing for foreign;

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§ 19.39

19 CFR Ch. I (4–1–02 Edition)

(2) Passenger delivery. Merchandise
may be delivered by the cartman or
duty-free store operator to the purchaser (or a family member or companion travelling with the purchaser)
at or beyond the exit point for the
flight. The port director may require
the exit point to be delimited by marking of its boundaries, or require proper
supervision in accordance with established guidelines as required by
§ 19.36(b) of this part, if needed for reasonable assurance that conditionally
duty-free merchandise will be exported
with the purchaser or a family member
or companion.
(3) Aircraft delivery. The merchandise
will be delivered by a licensed cartman
for lading as baggage directly on the
aircraft on which the passenger will depart. The airline will release the merchandise to the purchaser when the aircraft has departed for its foreign destination;
(4) Unit-load delivery. Merchandise
may be sold to passengers departing
from the United States at a prior port
of boarding on flights proceeding to a
foreign destination which are required
to clear with intermediate stops in the
United States, provided that all of the
following conditions are met:
(i) Sales may be made only to passengers holding a through ticket on the
same flight, with no stopover privileges
in the United States, to a foreign destination;
(ii) Merchandise shall be placed on
the aircraft on which the passenger departs the United States for carriage as
passenger baggage;
(iii) Merchandise shall be placed in a
container sealed with Customs seals.
The sealed container(s) may be placed
in the baggage compartment or on the
passenger deck of the aircraft. Containers stowed in baggage compartments may, with Customs permission,
be transferred to the passenger deck at
an intermediate or final stop in the
United States. The seal numbers shall
be placed on the face of the aircraft
general declaration;
(iv) A lading manifest list, in duplicate, of conditionally duty-free merchandise sold to passengers aboard the
particular flight will be prepared by
the proprietor. An authorized airline
representative will sign for receipt,

with one copy to be retained by the airline for presentation to Customs as requested at the intermediate or final
port, and the duplicate copy to be returned to and retained by the proprietor for record purposes;
(v) The seals shall not be broken nor
shall any of the purchases be delivered
until the aircraft is secured for departure to its foreign destination at the
last port. In the event that the seals
are broken before that time, or the
merchandise is not exported for any
reason and not returned to Customs
custody, demand shall be made against
the importation and entry bond of the
importer of record;
(5) Cancelled or aborted flights or noshow passengers—(i) Cancelled or aborted
flights. The proprietor shall, upon request, make available to Customs the
purchaser’s name, the purchaser’s airline ticket number and the identity
and quantity of the merchandise delivered by the proprietor to the purchaser
(if the merchandise was delivered to
the airline rather than the passenger,
the name of the airline employee to
whom the merchandise was delivered),
and the date and time of that delivery
in lieu of retrieving the merchandise
for safekeeping until the purchaser actually departs.
(ii) No-show passengers. A proprietor
who delivers merchandise directly to
an airline for delivery to a passenger
who does not board the flight shall establish a procedure to obtain redelivery of that merchandise from the airline.
(d) Lading manifest lists; certificate of
exportation. The proprietor shall retain
copies of lading manifest lists and certificates of lading for exportation in its
files for not less than 5 years after exportation by warehouse entry number
or by unique identifier where permitted
by the port director (see § 19.36(g)).
(e) Delivery method. Delivery of conditionally duty-free merchandise to persons for exportation will be made by licensed cartmen or bonded carriers
under the procedures in subpart D, part
125, and § 144.34(a), of this chapter, or
under a local control system approved
by the port director wherein any discrepancy found in the merchandise will
be treated as if it occurred in the bonded warehouse.

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United States Customs Service, Treasury
(f) Return of merchandise to stock.
Whenever merchandise is withdrawn
under the sales ticket procedure of
§ 144.37(h) of this chapter, but is undeliverable or is rejected by the purchaser, the merchandise may be returned to the duty-free store and the
records, including the sales ticket and
sales ticket register, amended to reflect the quantity returned to stock.
[T.D. 92–81, 57 FR 37698, Aug. 20, 1992, as
amended by T.D. 97–19, 62 FR 15840, Apr. 3,
1997]

CONTAINER STATIONS
SOURCE: Sections 19.40 through 19.49 issued
by T.D. 72–68, 37 FR 4186, Feb. 29, 1972, unless
otherwise noted.

§ 19.40 Establishment, relocation or alteration of container stations.
(a) A container station, independent
of the importing carrier, may be established at any port or portion of a port,
or any other area under the jurisdiction of a port director upon the filing
of an application therefore and its approval by the port director and the
posting of a bond on Customs Form 301,
containing the bond conditions set
forth in § 113.63 of this chapter in such
amount as the port director shall require.
(b) Alterations to or relocation of a
container station may be made with
the permission of the director of the
port in which the facility is located, or
if not within a port’s limits, nearest to
where the facility is located. An application to alter or relocate a container
station shall be accompanied by the fee
required by paragraph (c) of this section.
(c)(1) Customs shall charge a fee to
establish, relocate or alter a container
station, and publish a general notice in
the FEDERAL REGISTER and Customs
Bulletin setting forth a fee schedule, to
be revised periodically to reflect increased costs, to establish, relocate or
alter the container station. The published revised fee schedule shall remain
in effect until changed.
(2) The fee, rounded off to the nearest
dollar, shall be calculated in accordance with § 24.17(d) of this chapter. The
fee shall be based upon the amount of

§ 19.42
time the average service requires of
the Customs officers performing the
service.
[T.D. 72–68, 37 FR 4186, Feb. 29, 1972, as
amended by T.D. 82–135, 47 FR 32416, July 27,
1982; T.D. 83–56, 48 FR 9854, Mar. 9, 1983; T.D.
84–213, 49 FR 41170, Oct. 19, 1984; T.D. 85–72, 50
FR 15885, Apr. 23, 1985; T.D. 99–27, 64 FR 13675,
Mar. 22, 1999]

§ 19.41 Movement
of
containerized
cargo to a container station.
Containerized cargo may be moved
from the place of unlading to a designated container station, or may be
received directly at the container station from a bonded carrier after transportation in-bond, before the filing of
an entry of merchandise therefor or the
permitting thereof (see subpart A of
part 158 of this chapter) for the purpose
of breaking bulk and redelivery of the
cargo. In either circumstance, excess
loose cargo, as part of containerized
cargo, may accompany the container
to the container station.
[T.D. 82–135, 47 FR 32416, July 27, 1982]

§ 19.42 Application for transfer of merchandise.
The container station operator may
file an application for the transfer of a
container intact to the station. The application shall be in duplicate in the
following or substantially similar format:
U.S. CUSTOMS SERVICE
APPLICATION AND PERMIT TO TRANSFER CONTAINERIZED CARGO TO A CONTAINER STATION

Date llllll
Application is made to transfer the containers and their contents listed below which
arrived on llll (Carrier) on llll
(Date) at Pier ll to the llll (Container
station)
An abstract of the carrier’s manifest covering the containers by B/L No., marks,
numbers, contents, consignee, etc., is attached hereto.
LIST OF CONTAINERS BY MARKS AND NUMBERS
ONLY

llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
———————————————————————
(Signature of authorized
agent of container station)

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