19 Cfr 4.37

§ 4.37

19 CFR Ch. I (4–1–12 Edition)

the Government by the owner or master.
(b) The compensation of all Customs
officers and employees assigned to supervise the discharge of a cargo within
the purview of section 458, Tariff Act of
1930, 70 after the expiration of 25 days
after the date of the vessel’s entry
shall be reimbursed to the Government
by the owner or master of the vessel.
(c) When cargo is manifested ‘‘for orders’’ upon the arrival of the vessel, no
amendment of the manifest to show another port of discharge shall be permitted after 15 days after the date of
the vessel’s arrival, except as provided
for in § 4.33.
(d) All reimbursements payable in accordance with this section shall be paid
or secured to the port director before
clearance is granted to the vessel.

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 Customsauthorized permit to transfer or inbond 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 § 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

[28 FR 14596, Dec. 31, 1963, as amended by
T.D. 95–77, 60 FR 50010, Sept. 27, 1995; T.D. 98–
74, 63 FR 51287, Sept. 25, 1998]

§ 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
70 ‘‘The limitation of time for unlading
shall not extend to vessels laden exclusively
with merchandise in bulk consigned to one
consignee and arriving at a port for orders,
but if the master of such vessel requests a
longer time to discharge its cargo, the compensation of the inspectors or other customs
officers whose services are required in connection with the unlading shall, for every
day consumed in unlading in excess of twenty-five (25) days from the date of the vessel’s
entry, be reimbursed by the master or owner
of such vessel.’’ (Tariff Act of 1930, sec. 458; 19
U.S.C. 1458)
71-75 [Reserved]

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U.S. Customs and Border Protection, DHS; Treasury
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 § 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
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 §§ 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 § 113.63(a)(1) of this chapter). If the
port director finds that the warehouse

§ 4.38

operator cannot accept the goods because they are required by law to be
exported or destroyed (see § 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
§§ 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]

§ 4.38 Release of cargo.
(a) No imported merchandise shall be
released from Customs custody until a
permit to release such merchandise has
been granted. Such permit shall be

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