supporting CFR

§ 123.3

19 CFR Ch. I (4–1–12 Edition)

prescribed in section 584, Tariff Act of
1930, as amended (19 U.S.C. 1584).
(2) Criminal penalties. Upon conviction, any person in charge of a vehicle
who intentionally commits any of the
violations described in paragraph (c)(1)
of this section shall, in addition to the
penalties described therein, be subject
to such additional criminal penalties
as are prescribed in section 436, Tariff
Act of 1930, as amended (19 U.S.C. 1436).
If the vehicle has or is discovered to
have had on board any merchandise
(other than sea stores or the equivalent
for conveyances other than vessels) the
importation of which into the U.S. is
prohibited, the person in charge of the
vehicle is subject to such additional
criminal penalties as are prescribed in
section 436, Tariff Act of 1930, as
amended (19 U.S.C. 1436).
[T.D. 93–96, 58 FR 67318, Dec. 21, 1993]

§ 123.3 Inward
quired.

foreign

manifest

re-

(a) General requirements. Baggage or
other merchandise carried on a vehicle
or on a vessel of less than 5 net tons arriving otherwise than by sea from Canada or Mexico shall be listed on a
manifest as prescribed by § 123.4. Vessels which are required to make entry
under § 4.3 of this chapter because they
are arriving by sea or are 5 net tons or
over shall have manifests on board as
provided in § 4.7(a) of this chapter.
(b) Exception where in possession of
traveler. When baggage arrives in the
actual possession of a traveler, his declaration will be accepted in lieu of a
manifest. Merchandise imported by a
person otherwise than in a vessel or vehicle need not be covered by a manifest
but shall be presented for inspection,
and entry shall be made in accordance
with the applicable laws and regulations.
§ 123.4 Inward foreign manifest forms
to be used.
The inward foreign manifest required
by § 123.3 for a vehicle or a vessel of less
than 5 net tons arriving in the United
States from Canada or Mexico otherwise than by sea with baggage or merchandise, shall be on Customs Form
7533, except as provided for shipments
in transit in subparts C, D, E, F, and G

of this part, and in the following special cases:
(a) For merchandise free of duty entered on Customs Form 7523, the same
form may be used as a manifest in lieu
of other forms. (See § 143.23 of this
chapter.)
(b) For dutiable merchandise not exceeding $2,000 in value entered on Customs Form 368 or 368A, (serially numbered) or Customs Form 7501 the same
form may be used as a manifest in lieu
of other forms. (See § 143.21 of this
chapter.) The port director may also
allow such merchandise to be entered
informally upon the presentation of a
commercial invoice which contains the
following declaration, signed by the
importer or his agent:
I declare that the information on this invoice is accurate to the best of my knowledge and belief; that the invoice quantities
are true and correct manifest quantities; and
that I have not received and do not know of
any invoice other than this one.

(c) For a shipment not exceeding $250
in value consisting of articles of American origin entered free of duty under
the provisions of § 10.1(i) of this chapter
and imported in a vehicle, Customs
Form 3311 used in entering the goods,
in duplicate, may be accepted in lieu of
a manifest.
(d) For baggage arriving in baggage
cars, Customs Form 7533 shall be used.
(See subpart G of this part.)
[T.D. 70–121, 35 FR 8215, May 26, 1970, as
amended by T.D. 73–175, 38 FR 17447, July 2,
1973; T.D. 75–105, 40 FR 19813, May 7, 1975;
T.D. 82–145, 47 FR 35478, Aug. 16, 1982; T.D. 87–
75, 52 FR 26142, July 13, 1987; T.D. 92–56, 57 FR
24944, June 12, 1992; T.D. 94–47, 59 FR 25570,
May 17, 1994; T.D. 98–28, 63 FR 16416, Apr. 3,
1998]

§ 123.5 Certification and filing of inward foreign manifest.
The manifest listing baggage and
other merchandise, certified by the
master of the vessel or the person in
charge of the vehicle, shall be presented to the Customs officer at the
time the report of arrival is made. It
shall be filed in the original only, unless additional copies are required in
this part.

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