19 Cfr 4.34

19 CFR 4.34.pdf

Delivery Ticket

19 CFR 4.34

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§ 4.34

19 CFR Ch. I (4–1–12 Edition)
tered for Customs clearance at the port
of unlading, or if it is so forwarded in
bond, other than by the importing vessel or by another vessel owned or chartered by the owner of the importing
vessel, representatives of the importing vessel shall file at the port of unlading a Cargo Declaration in duplicate
listing the cargo. The port director
shall retain the original and forward
the duplicate to the director of the
originally intended port of discharge.
(b) Overcarried cargo. Upon receipt of
a satisfactory written application by
the owner or agent of a vessel establishing that cargo was not landed at its
destination and was overcarried to another domestic port through error or
emergency, the port director may permit the cargo to be returned in the importing vessel, or in another vessel
owned or chartered by the owner of the
importing vessel, to the destination
shown on the Cargo Declaration, Customs Form 1302, of the importing vessel, provided the importing vessel actually entered the port of destination. 67
(c) Inaccessibly stowed cargo. Cargo so
stowed as to be inaccessible upon arrival at destination may be retained on
board, carried forward to another domestic port or ports, and returned to
the port of destination in the importing vessel or in another vessel owned or
chartered by the owner of the importing vessel in the same manner as other
overcarried cargo.
(d) Application for forwarding cargo.
When it is desired that prematurely
landed cargo, overcarried cargo, or
cargo so stowed as to be inaccessible,
be forwarded to its destination by the
importing vessel or by another vessel
owned or chartered by the owner of the
importing vessel in accordance with
paragraph (a), (b), or (c) of this section,
the required application shall be filed
with the local director of the port of
premature landing or overcarriage by
the owner or agent of the vessel. The

the port director shall securely attach
an approved copy of the amended manifest to the traveling manifest and shall
send one copy of the amended Cargo
Declaration to the director of the port
where the vessel’s bond was filed.
(d) Retention of cargo on board for later
return to the United States. If, as the result of a strike or other emergency at
a United States port for which inward
foreign cargo is manifested, it is desired to retain the cargo on board the
vessel for discharge at a foreign port
but with the purpose of having the
cargo returned to the United States, an
application may be made by the master, owner, or agent of the vessel to
amend the vessel’s Cargo Declaration,
Customs Form 1302, under a procedure
similar to that described in paragraph
(c) of this section, except that a foreign
port shall be substituted for the domestic port of discharge. If the application
is approved, it shall be handled in the
same manner as an application filed
under paragraph (c) of this section.
However, before approving the application, the port director is authorized to
require such bond as he deems necessary to insure that export control
laws and regulations are not circumvented.
[T.D. 77–255, 42 FR 56320, Oct. 25, 1977]

§ 4.34 Prematurely discharged, overcarried, and undelivered cargo.
(a) Prematurely landed cargo. Upon receipt of a satisfactory written application from the owner or agent of a vessel establishing that cargo was prematurely landed and left behind by the
importing vessel through error or
emergency, the port director may permit inward foreign cargo remaining on
the dock to be reladen on the next
available vessel owned or chartered by
the owner of the importing vessel for
transportation to the destination
shown on the Cargo Declaration, Customs Form 1302, of the first vessel, provided the importing vessel actually entered the port of destination of the prematurely landed cargo. Unless so forwarded within 30 days from the date of
landing, the cargo shall be appropriately entered for Customs clearance
or for forwarding in bond; otherwise, it
shall be sent to general order as unclaimed. If the merchandise is so en-

67 See § 141.69(c) of this chapter for the conditions under which such merchandise and
goods removed from a port of intended entry
under these or certain other circumstances
may subsequently be cleared under a consumption entry which had been filed therefore before the merchandise was removed
from the port of intended entry.
68-69 [Reserved]

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U.S. Customs and Border Protection, DHS; Treasury

§ 4.36

(g) Cargo undelivered at foreign port
and returned to the U.S. Merchandise
shipped from a domestic port, but undelivered at the foreign destination and
returned, shall be manifested as ‘‘Undelivered-to be returned to original foreign destination,’’ if such a return is
intended. The port director may issue a
permit to retain the merchandise on
board, or he may, upon written application of the steamship company, issue a
permit on a Delivery Ticket, Customs
Form 6043, allowing the merchandise to
be transferred to another vessel for return to the original foreign destination. No charge shall be made against
the bond on Customs Form 301, containing the bond conditions relating to
international carriers set forth in
§ 113.64 of this chapter. The items shall
be remanifested outward and an explanatory reference of the attending
circumstances and compliance with export requirements noted.

application shall be supported by a
Cargo Declaration, Customs Form 1302,
in such number of copies as the port director may require. Whenever practicable, the application shall be made
on the face of the Cargo Declaration
below the description of the merchandise. The application shall specify the
vessel on which the cargo was imported, even though the forwarding to
destination is by another vessel owned
or chartered by the owner of the importing vessel, and all ports of departure and dates of sailing of the importing vessel. The application shall be
stamped and signed to show that it has
been approved.
(e) Manifesting prematurely landed or
overcarried cargo. One copy of the Cargo
Declaration, Customs Form 1302, shall
be certified by Customs for use as a
substitute traveling manifest for the
prematurely landed or overcarried
cargo being forwarded as residue cargo,
whether or not the forwarding vessel is
also carrying other residue cargo. If
the application for forwarding is made
on the Cargo Declaration, the new substitute traveling manifest shall be
stamped to show the approval of the
application. If the application is on a
separate document, a copy thereof,
stamped to show its approval, shall be
attached to the substitute traveling
manifest. An appropriate cross-reference shall be placed on the original
traveling manifest to show that the
vessel has one or more substitute traveling manifests. A permit to proceed
endorsed on a Vessel Entrance or
Clearance Statement, Customs Form
1300, issued to the vessel transporting
the prematurely landed or overcarried
cargo to its destination shall make reference to the nature of such cargo,
identifying it with the importing vessel.
(f) Residue cargo procedure. A vessel
with prematurely landed or overcarried
cargo on board shall comply upon arrival at all domestic ports of call with
all the requirements of part 4 relating
to foreign residue cargo for domestic
ports. The substitute traveling manifest, carried forward from port to port
by the oncarrying vessel, shall be finally surrendered at the port where the
last portion of the prematurely landed
or overcarried cargo is discharged.

[28 FR 14596, Dec. 31, 1963, as amended by
T.D. 77–255, 42 FR 56321, Oct. 25, 1977; T.D. 85–
123, 50 FR 29952, July 23, 1985; T.D. 95–77, 60
FR 50010, Sept. 27, 1995; T.D. 00–22, 65 FR
16515, Mar. 29, 2000]

§ 4.35

Unlading outside port of entry.

(a) Upon written application from the
interested party, the port director concerned, if he considers it necessary,
may permit any vessel laden with merchandise in bulk to proceed, after
entry, to any place outside the port
where the vessel entered which such
port director may designate for the
purpose of unlading such cargo.
(b) In such case a deposit of a sum
sufficient to reimburse the Government for the compensation, travel, and
subsistence expenses of the officers detailed to supervise the unlading and delivery of the cargo may be required by
the port director.
[28 FR 14596, Dec. 31, 1963, as amended at T.D.
95–77, 60 FR 50010, Sept. 27, 1995]