19 Cfr 19.9

United States Customs Service, Treasury
of this chapter, the sales ticket register may be substituted for the blanket permit summary. The form will be
placed in the permit file folder and
treated as provided in § 19.12(a) of this
part.
(e) Affixing or breaking of seals. The
port director may authorize a warehouse proprietor to: (1) Break Customs
in bond seals affixed under § 18.4 of this
chapter, or under any Customs order or
directive, on any vehicle or container
of goods entered for warehouse upon
arrival of the vehicle or container at
the warehouse: or (2) affix Customs in
bond seals to any vehicle or container
of goods for which a withdrawal document has been approved for movement
in bond. The affixing or breaking of
seals so authorized, shall be deemed to
have been done under Customs supervision. The proprietor shall report to
the port director any seal found, upon
arrival of the vehicle or container at
the warehouse, to be broken, missing,
or improperly affixed, and hold the vehicle or container and its contents intact pending instructions from the port
director.
[T.D. 82–204, 47 FR 49370, Nov. 1, 1982, as
amended by T.D. 84–149, 49 FR 28698, July 16,
1984; T.D. 92–81, 57 FR 37697, Aug. 20, 1992;
T.D. 94–81, 59 FR 51494, Oct. 12, 1994; T.D. 95–
81, 60 FR 52295, Oct. 6, 1995; T.D. 97–19, 62 FR
15836, Apr. 3, 1997]

§ 19.7

Expenses of labor and storage.

(a) All merchandise deposited in public stores or in bonded warehouses shall
be held liable for the expenses of labor
and storage chargeable thereon at the
customary rates and for all other expenses accruing upon the goods.
(b) The rates of storage and labor
shall be agreed upon between the importer and the warehouse proprietor,
but in case of disagreement the port director may, with the consent of all parties in interest, determine the rates to
be charged.
(c) Except in cases provided for by
§ 141.102(d) of this chapter, when merchandise is stored in a public store
under a warehouse entry, general
order, or otherwise, the charges for
storage due the Government shall be
paid before the packages are delivered.
The charges shall be based upon the ex-

§ 19.9
isting bonded warehouse tariff of the
port for storage and labor.
[28 FR 14763, Dec. 31, 1963, as amended by
T.D. 73–175, 38 FR 17446, July 2, 1973]

§ 19.8 Examination of goods by importer; sampling; repacking; examination of merchandise by prospective purchasers.
Importers may, upon application approved by the port director on Customs
Form 3499 examine, sample, and repack 12 or transfer merchandise in
bonded warehouse. Where there will be
no interference with the orderly conduct of Customs business and no danger to the revenue prospective purchaser may be permitted to examine
merchandise in bonded warehouses
upon the written request of the owner,
importer, consignee, or transferee.
[28 FR 14763, Dec. 31, 1963, as amended by
T.D. 82–204, 47 FR 49371, Nov. 1, 1982]

§ 19.9 General order, abandoned, and
seized merchandise.
(a) Acceptance of merchandise. The arriving carrier (or other party to whom
custody of the merchandise was transferred by the carrier under a Customsauthorized permit to transfer or inbond 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). A
joint determination will be made by
the warehouse proprietor and the bonded carrier of the quantity and condition of the goods or articles so delivered to the warehouse. Within two
working days of the joint determination, the warehouse proprietor will report to the port director any discrepancy between the quantity and condition of the goods and that reported on
12 Repacking shall be considered a manipulation within the purview of sec. 562, Tariff
Act of 1930, as amended.

307

VerDate Jan<31>2003

09:05 Apr 10, 2003

Jkt 200057

PO 00000

Frm 00307

Fmt 8010

Sfmt 8010

Y:\SGML\200057T.XXX

200057T

§ 19.10

19 CFR Ch. I (4–1–03 Edition)

CF 6043, or other similar Customs document as designated by the port director
or an electronic equivalent as authorized by Customs.
(b) Recording and storing. General
order, abandoned, and seized goods and
articles shall be recorded and stored in
the warehouse as prescribed by § 19.12.
(c) Release of merchandise. Merchandise in general order may be released
by the warehouse proprietor, after Customs inspection or examination as ordered by the port director, to the person named in a release order under
§ 141.11 of this chapter. The release may
only be made by the proprietor upon
presentation of a permit to release or
delivery authorization signed by the
appropriate Customs officer on Customs Form 3461, 7501, 368 or 368A or
other Customs form as designated by
the port director. General order goods
which have been unclaimed under
§ 127.11 of this chapter, voluntarily
abandoned, or seized and forfeited may
be released for transfer to the place of
sale upon presentation to the warehouse proprietor of an approved copy of
Customs Form 5251 (Order to Transfer
Merchandise for Public Auction (Sale)),
and an approved copy of Customs Form
6043 (Delivery Ticket). The quantity
and condition of the goods so transferred shall be determined jointly by
the proprietor and the cartman or
lighterman picking up the goods for delivery to the place of sale. Any discrepancies shall be noted on the delivery
ticket, a copy of which shall be sent to
the port director within two business
days of agreement. Seized goods that
are released for a purpose other than
sale may be released from warehouse
only upon such written terms and conditions as directed by the port director.
[T.D. 82–204, 47 FR 49371, Nov. 1, 1982, as
amended by T.D. 92–56, 57 FR 24944, June 12,
1992; T.D. 02–65, 67 FR 68032, Nov. 8, 2002]

§ 19.10

Examination packages.

Merchandise sent from a bonded
warehouse to the appraiser’s stores for
examination shall be returned by the
port director to the warehouse for delivery unless the warehouse proprietor
endorses the duty-paid permit to authorize delivery to another person.
[T.D. 82–204, 47 FR 49371, Nov. 1, 1982]

MANIPULATION IN BONDED WAREHOUSES
AND ELSEWHERE
§ 19.11 Manipulation in bonded warehouses and elsewhere.
(a) So far as applicable, the general
provisions of the regulations governing
warehouses bonded for the storage of
imported merchandise shall apply to
bonded manipulation warehouses and
to other designated places of manipulation.
(b) Merchandise to be manipulated
under section 562, Tariff Act of 1930, as
amended, may be entered on Customs
Form 7501 and sent directly to a storage-manipulation warehouse.
(c) Warehouse proprietors shall not
allow manipulation of any merchandise
without a prior permit issued by the
port director, except as provided in
paragraph (h) of this section. Merchandise entered for warehouse may be
transferred to a storage-manipulation
warehouse; or merchandise entered for
storage-manipulation warehouse may
be transferred after manipulation to
the storage portion of the same warehouse, to another storage warehouse,
or to a manufacturing warehouse of
class 6.
(d) The application to manipulate,
which shall be filed on Customs Form
3499 with the port director having jurisdiction of the warehouse or other
designated place of manipulation, shall
describe the contemplated manipulation in sufficient detail to enable the
port director to determine whether the
imported merchandise is to be cleaned,
sorted, repacked, or otherwise changed
in condition, but not manufactured,
within the meaning of section 562, Tariff Act of 1930, as amended. If the port
director is satisfied that the merchandise is to be so manipulated, he may
issue a permit on Customs Form 3499,
making any necessary modification in
such form. The port director may approve a blanket application to manipulate on Customs Form 3499, for a period
of up to one year, for a continuous or a
repetitive manipulation. The warehouse proprietor must maintain a running record of manipulations performed under a blanket application, indicating the quantities before and after
each manipulation. The record must

308

VerDate Jan<31>2003

09:05 Apr 10, 2003

Jkt 200057

PO 00000

Frm 00308

Fmt 8010

Sfmt 8010

Y:\SGML\200057T.XXX

200057T