Supporting Regulations

United States Customs Service, Treasury

§ 4.7

19 U.S.C. 1436, in addition to other penalties applicable under other provisions
of law.

preparation of any copy which may be
required in addition to the original and
one copy.
(c) No Passenger List or Crew List
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.
(d)(1) The master or owner of—
(i) A vessel documented under the
laws of the United States with a registry, coastwise license, or Great Lakes
license endorsement, or a vessel not so
documented but intended to be employed in the foreign, coastwise, or
Great Lakes trade, or
(ii) A documented vessel with a fishery license endorsement which has a
permit to touch and trade (see § 4.15) or
a vessel with a fishery license endorsement lacking a permit to touch and
trade but intended to engage in trade—
at the port of first arrival from a foreign country shall declare on Customs
Form 226 any equipment, repair parts,
or materials purchased for the vessel,
or any expense for repairs incurred,
outside the United States, within the
purview of section 466, Tariff Act of
1930, as amended (19 U.S.C. 1466). If no
equipment, repair parts, or materials
have been purchased, or repairs made,
a declaration to that effect shall be
made on Customs Form 226.
(2) If the vessel is at least 500 gross
tons, the declaration shall include a
statement that no work in the nature
of a rebuilding or alteration which
might give rise to a reasonable belief
that the vessel may have been rebuilt
within the meaning of the second proviso to section 27, Merchant Marine
Act, 1920, as amended (46 U.S.C. 883),
has been effected which has not been
either previously reported or separately reported simultaneously with
the filing of such declaration. The port
director shall notify the U.S. Coast
Guard vessel documentation officer at
the home port of the vessel of any work
in the nature of a rebuilding or alteration, including the construction of
any major component of the hull or superstructure of the vessel, which comes
to his attention unless the port director is satisfied that the owner of the
vessel has filed an application for rebuilt determination as required by 46
CFR 67.27–3.

[T.D. 93–96, 58 FR 67316, Dec. 21, 1993, as
amended by T.D. 98–74, 63 FR 51287, Sept. 25,
1998]

§ 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 (19 U.S.C.
1431), and by this section. The manifest
shall be legible and complete. If it is in
a foreign language, an English translation shall be furnished with the original and with any required copies. The
manifest shall consist of a Vessel Entrance or Clearance Statement, Customs Form 1300, and the following documents: (1) Cargo Declaration, Customs Form 1302, (2) Ship’s Stores Declaration, Customs Form 1303, (3) Crew’s
Effects Declaration, Customs Form
1304, or, optionally, a copy of the Crew
List, Customs and Immigration Form
I–418, to which are attached crewmember’s declarations on Customs
Form 5129, (4) Crew List, Customs and
Immigration Form I–418, and (5) Passenger List, Customs and Immigration
Form I–418. Any document which is not
required may be omitted from the
manifest provided the word ‘‘None’’ is
inserted in items 16, 18, and/or 19 of the
Vessel Entrance or Clearance Statement, as appropriate. If a vessel arrives
in ballast and therefore the Cargo Declaration is omitted, the legend ‘‘No
merchandise on board’’ shall be inserted in item 16 of the Vessel Entrance or Clearance Statment.
(b) The original and one copy of the
manifest shall be ready for production
on demand. The master shall deliver
the original and one copy of the manifest to the Customs officer who shall
first demand it. If the vessel is to proceed from the port of arrival to other
United States ports with residue foreign cargo or passengers, an additional
copy of the manifest shall be available
for certification as a traveling manifest (see § 4.85). The port director may
require an additional copy or additional copies of the manifest, but a reasonable time shall be allowed for the

11

VerDate Mar<13>2002

12:40 Apr 10, 2002

Jkt 197056

PO 00000

Frm 00011

Fmt 8010

Sfmt 8010

Y:\SGML\197056T.XXX

pfrm03

PsN: 197056T

§ 4.7a

19 CFR Ch. I (4–1–02 Edition)
(3) For requirements concerning the
preparation of Customs Form 5129, see
subpart G of part 148 of this chapter.
(4) Any articles which are required to
be manifested and are not manifested
shall be subject to forfeiture and the
master shall be subjected to a penalty
equal to the value thereof, as provided
in section 584, Tariff Act of 1930, as
amended.
(c) Cargo Declaration. (1) The Cargo
Declaration, Customs Form 1302, shall
list all the inward foreign cargo on
board regardless of the port of discharge. The block designated ‘‘Arrival’’
at the top of the form shall be checked.
The name of the shipper shall be set
forth in the column calling for such information and on the same line where
the bill of lading is listed for that shipper’s merchandise. When more than
one bill of lading is listed for merchandise from the same shipper, ditto
marks or the word ‘‘ditto’’ may be used
to indicate the same shipper. The cargo
described in column Nos. 6 and 7, and
either column No. 8 or 9, shall refer to
the respective bills of lading. Either
column No. 8 or column No. 9 shall be
used, as appropriate. The gross weight
in column No. 8 shall be expressed in
either pounds or kilograms. The measurement in column No. 9 shall be expressed according to the unit of measure specified in the Harmonized Tariff
Schedule of the United States (HTSUS)
(19 U.S.C. 1202).
(2)(i) When inward foreign cargo is
being shipped by container, each bill of
lading shall be listed in the column
headed ‘‘B/L Nr.’’ in numerical sequence according to the bill of lading
number. The number of the container
which contains the cargo covered by
that bill of lading and the number of
the container seal shall be listed in column No. 6 opposite the bill of lading
number. The number of any other bill
of lading for cargo in that container
also shall be listed in column No. 6 immediately under the container and seal
numbers. A description of the cargo
shall be set forth in column No. 7 only
if the covering bill of lading is listed in
the column headed ‘‘B/L Nr.’’
(ii) As an alternative to the procedure described in paragraph (i), a separate list of the bills of lading covering
each container on the vessel may be

(3) The declaration shall be ready for
production on demand for inspection
and shall be presented as part of the
original manifest when formal entry of
the vessel is made.
[T.D. 71–169, 36 FR 12602, July 2, 1971, as
amended by T.D. 74–284, 39 FR 39718, Nov. 11,
1974; T.D. 77–255, 42 FR 56319, Oct. 25, 1977;
T.D. 80–237, 45 FR 64565, Sept. 30, 1980; T.D.
83–214, 48 FR 46511, Oct. 13, 1983; T.D. 92–74, 57
FR 35751, Aug. 11, 1992; T.D. 00–22, 65 FR
16515, Mar. 29, 2000]

§ 4.7a Inward manifest; information required; alternative forms.
The forms designated by § 4.7(a) as
comprising the inward manifest shall
be completed as follows:
(a) Ship’s Stores Declaration. Articles
to be retained aboard as sea or ship’s
stores shall be listed on the Ship’s
Stores Declaration, Customs Form
1303. Less than whole packages of sea
or ship’s stores may be described as
‘‘sundry small and broken stores.’’
17–23 [Reserved]
(b) Crew’s Effects Declaration. (Customs
Form 1304). (1) The declaration number
of the Crew Member’s Declaration, Customs Form 5129, prepared and signed by
any officer or crewmember who intends
to land articles in the United States, or
the word ‘‘None,’’ shall be shown in
item No. 7 on the Crew’s Effects Declaration, Customs Form 1304 opposite
the respective crewmember’s name.
(2) In lieu of describing the articles
on Customs Form 1304, the master may
furnish a Crew List, Customs and Immigration Form I–418, endorsed as follows:
I certify that this list, with its supporting
crewmembers’ declarations, is a true and
complete manifest of all articles on board
the vessel acquired abroad by myself and the
officers and crewmembers of this vessel,
other than articles exclusively for use on the
voyage or which have been duly cleared
through Customs in the United States.
————————————
(Master.)

The Crew List on Form I–418 shall
show, opposite the crewmember’s
name, his shipping article number and,
in column 5, the declaration number. If
the crewmember has nothing to declare, the word ‘‘None’’ shall be placed
opposite his name instead of a declaration number.

12

VerDate Mar<13>2002

12:40 Apr 10, 2002

Jkt 197056

PO 00000

Frm 00012

Fmt 8010

Sfmt 8010

Y:\SGML\197056T.XXX

pfrm03

PsN: 197056T