Supporting Law and Regulation

[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR4.91]

[Page 65-66]

TITLE 19--CUSTOMS DUTIES

CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF

HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

Sec. 4.91 Diversion of vessel; transshipment of cargo.

(a) If any vessel granted a permit to proceed from one port in the

United States for another such port as provided for in Sec. Sec.

4.81(e), 4.85, 4.87, or 4.88, is, while en route, diverted to a port in

the United States other than the one specified in the permit to proceed

(Customs Form 1300), \122\ the owner or agent of the vessel immediately

shall give notice of the diversion to the port director who granted the

permit, informing him of the new destination of the vessel and

requesting him to notify the director of the latter port. Such

notification by the port director shall constitute an amendment of the

permit previously granted, shall authorize the vessel to proceed to the

new destination, and shall be filed by the director

[[Page 66]]

of the latter port with the Form 1300 submitted on entry of the vessel.

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\122\ See Sec. 4.33.

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(b) If any vessel cleared from a port in the United States for a

foreign port as provided for in Sec. 4.60 is diverted, while en route,

to a port in the United States other than that from which it was

cleared, the owner or agent of the vessel immediately shall give notice

of the diversion to the port director who granted the clearance,

informing him of the new destination of the vessel and requesting him to

notify the director of the latter port. Such notification by the port

director shall constitute a permit to proceed coastwise, and shall

authorize the vessel to proceed to the new destination. On arrival at

the new destination, the master shall immediately report arrival. He

shall also make entry within 48 hours by presenting (1) the vessel's

document, (2) the foreign clearance on Form 1300 granted by the director

of the port of departure, (3) a certificate that when the vessel was

cleared from the last previous port in the United States there were on

board cargo and/or passengers for the ports named in the foreign

clearance certificate only and that additional cargo or passengers

(have) (have not) been taken on board or discharged since such clearance

was granted (specifying the particulars if any passengers or cargo were

taken on board or discharged), (4) a Crew's Effects Declaration in

duplicate of all unentered articles acquired abroad by the officers and

crew of the vessel which are still retained on board, and (5) a Ship's

Stores Declaration in duplicate of the stores on board.

(c) In a case of necessity, a port director may grant an application

on Customs Form 3171 of the owner or agent of an established line for

permission to transship \123\ all cargo and passengers from one vessel

of the United States to another such vessel under Customs supervision,

if the first vessel is transporting residue cargo for domestic or

foreign ports or is on an outward foreign voyage or a voyage to

noncontiguous territory of the United States, and is following the

procedure prescribed in Sec. Sec. 4.85, 4.87, or 4.88. When inward

foreign cargo or passengers are so transshipped to another vessel, a

separate traveling manifest (Cargo Declaration, Customs Form 1302, or

Passenger List, Customs and Immigration Form I-418) shall be used for

the transshipped cargo or passengers, whether or not the forwarding

vessel is also carrying other residue cargo or passengers. An

appropriate cross-reference shall be made on the separate traveling

manifest to show whether any other traveling manifest is being carried

forward on the same vessel.

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\123\ See Sec. 4.31.

\124\ [Reserved]

[T.D. 71-169, 36 FR 12605, July 2, 1971, as amended by T.D. 77-255, 42

FR 56324, Oct. 25, 1977; T.D. 93-96, 58 FR 67317, Dec. 21, 1993; T.D.

00-22, 65 FR 16517, Mar. 29, 2000]