19 CFR 4.20 - Tonnage taxes.

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§ 4.20 Tonnage taxes.
(a) Except as specified in § 4.21, a regular tonnage tax or duty of 2 cents per net ton, not to exceed in the aggregate 10 cents per net ton in any 1 year, shall be imposed at each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in North America, Central America, the West Indies, the Bahama Islands, the Bermuda Islands, the coast of South America bordering on the Caribbean Sea (considered to include the mouth of the Orinoco River), or the high seas adjacent to the U.S. or the above listed foreign locations, and on all vessels (except vessels of the U.S., recreational vessels, and barges, as defined in § 2101 of Title 46) that depart a U.S. port or place and return to the same port or place without being entered in the United States from another port or place, and regular tonnage tax of 6 cents per net ton, not to exceed 30 cents per net ton per annum, shall be imposed at each entry on all vessels which shall be entered in any port of the United States from any other foreign port. In determining the port of origin of a voyage to the United States and the rate of tonnage tax, the following shall be used as a guide:
(1) When the vessel has proceeded in ballast from a port to which the 6-cent rate is applicable to a port to which the 2-cent rate applies and there has laden cargo or taken passengers, tonnage tax upon entry in the United States shall be assessed at the 2-cent rate.
(2) The same rate shall be applied in a case in which the vessel has transported cargo or passengers from a 6-cent port to a 2-cent port when all such cargo or passengers have been unladen or discharged at the 2-cent port, without regard to whether the vessel thereafter has proceeded to the United States in ballast or with cargo or passengers laden or taken on board at the 2-cent port.
(3) The 6-cent rate shall be applied when the vessel proceeds from a 2-cent port to a 6-cent port en route to the United States under circumstances similar to paragraph (a) (1) or (2) of this section.
(4) If the vessel arrives in the United States with cargo or passengers taken at two or more ports to which different rates are applicable, tonnage tax shall be collected at the higher rate.
(b) The tonnage year shall be computed from the date of the first entry of the vessel concerned, without regard to the rate of the payment made at that entry, and shall expire on the day preceding the corresponding date of the following year. There may be 5 payments at the maximum (6 cent) and 5 at the minimum (2-cent) rate during a tonnage year, so that the maximum assessment of tonnage duty may amount to 40 cent per net ton for the tonnage year of a vessel engaged in alternating trade.
(c) A vessel shall also be subject on every entry from a foreign port or place, whether or not regular tonnage tax is payable on the particular entry, to the payment of a special tonnage tax and to the payment of light money at the rates and under the circumstances specified in the following table:
Classes of vessels Rate per net ton
Regular tax Special tax Light money
1 This does not apply on the first arrival of a vessel in a port of the United States from a foreign or intercoastal voyage if all the officers who are not citizens are below the grade of master and are filling vacancies which occurred on the voyage.
2 This special tax and light money do not apply if the vessel is documented as a vessel of the United States before leaving the port.
3 This does not apply if the vessel is under a certificate of protection and the owner or master files with the port director the oath required by 46 U.S.C. App. 129. An unrecorded bill of sale is not such a document as will exempt a vessel from the payment of light money under 46 U.S.C. App. 128, and the recording of such bill of sale after the arrival of the vessel is not sufficient to relieve it from the payment of the tax.
3a The Democratic People's Republic of Korea (North Korea), does not ordinarily permit vessels of the United States to enter and trade.
4 This is to be collected on each entry of a vessel from such a port or place.
Vessels of the United States:
1. Under provisional register, without regard to citizenship of officers $.02 or $.06
2. All others:
(i) If all the officers are citizens .02 or .06
(ii) If any officer is not a citizen .02 or .06 1 0.50 1 .50
Undocumented vessels which are owned by citizens 2 .02 or .06 .50 3 .50
Foreign vessels:
1. Of nations whose vessels are exempted from special tax or light money .02 or .06
2. All others:
(i) Built in the U.S .02 or .06 .30 .50
(ii) Not built in the U.S .02 or .06 .50 .50
(iii) In addition to (i) or (ii) of 2., Foreign Vessels, when entering from a foreign port or place where vessels of the U.S. are not ordinarily permitted to enter and trade 3a .02 or .06 4 2.00 4 .50
(d) Tonnage tax shall be imposed upon a vessel even though she enters a port of the United States only for orders.
(e) The fact that a vessel passes through the Panama Canal does not affect the rate of tonnage tax otherwise applicable to the vessel.
(f) For the purpose of computing tonnage tax, the net tonnage of a vessel stated in the vessel's marine document shall be accepted unless (1) such statement is manifestly wrong, in which case the net tonnage shall be estimated, pending admeasurement of the vessel, or the tonnage reported for her by any recognized classification society may be accepted, or (2) an appendix is attached to the marine document showing a net tonnage ascertained under the so-called “British rules” or the rules of any foreign country which have been accepted as substantially in accord with the rules of the United States, in which case the tonnage so shown may be accepted and the date the appendix was issued shall be noted on the tonnage tax certificate, Customs Form 1002, and on the Vessel Entrance or Clearance Statement, Customs Form 1300. For the purpose of computing tonnage tax on a vessel with a tonnage mark and dual tonnages, the higher of the net tonnages stated in the vessel's marine document or tonnage certificate shall be used unless the Customs officer concerned is satisfied by report of the boarding officer, statement or certificate of the master, or otherwise that the tonnage mark was not submerged at the time of arrival. Whether the vessel has a tonnage mark, and if so, whether the mark was submerged on arrival, shall be noted on Customs Form 1300 by the boarding officer.
(g) The decision of the Commissioner of Customs is the final administrative decision on any question of interpretation relating to the collection of tonnage tax or to the refund of such tax when collected erroneously or illegally, and any question of doubt shall be referred to him for instructions.
(h) Any person adversely affected by a decision of the Commissioner of Customs relating to the collection of tonnage tax, or to the refund of such tax when collected erroneously or illegally, may appeal the decision in the Court of International Trade provided that the appeal action is commenced in accordance with the rules of the Court within 2 years after the cause of action first accrues.
[28 FR 14596, Dec. 31, 1963, as amended by T.D. 71-169, 36 FR 12603, July 2, 1971; T.D. 75-110, 40 FR 21027, May 15, 1975; T.D. 76-280, 41 FR 42647, Sept. 28, 1976; T.D. 79-276, 44 FR 61956, Oct. 29, 1979; T.D. 82-145, 47 FR 35475, Aug. 16, 1982; T.D. 85-91, 50 FR 21429, May 24, 1985; T.D. 85-90, 50 FR 21430, May 24, 1985; T.D. 93-12, 58 FR 13196, Mar. 10, 1993; T.D. 95-76, 60 FR 48028, Sept. 18, 1995; T.D. 97-82, 62 FR 51769, Oct. 3, 1997; T.D. 00-22, 65 FR 16515, Mar. 29, 2000; CBP Dec. 03-16, 68 FR 48280, Aug. 13, 2003]

Title 19 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-11-26; vol. 79 # 228 - Wednesday, November 26, 2014
    1. 79 FR 70462 - Technical Amendment: Boarding of Vessels at CBP Ports
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule; technical amendment.
      Effective November 26, 2014.
      19 CFR Part 4

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 6 - DOMESTIC SECURITY
U.S. Code: Title 8 - ALIENS AND NATIONALITY
U.S. Code: Title 19 - CUSTOMS DUTIES

§ 66 - Rules and forms prescribed by Secretary

§ 288 - Documented vessels

§ 293 - Documented vessels touching at foreign ports

§ 294 - No duty by reason of documented vessel touching at foreign port

§ 1322 - International traffic and rescue work; United States-Mexico Boundary Treaty of 1970

§ 1431 - Manifests

§ 1433 - Report of arrival of vessels, vehicles, and aircraft

§ 1434 - Entry; vessels

§ 1436 - Penalties for violations of arrival, reporting, entry, and clearance requirements

§ 1441 - Exceptions to vessel entry and clearance requirements

§ 1442 - Residue cargo

§ 1446 - Supplies and stores retained on board

§ 1447 - Place of entry and unlading

§ 1448 - Unlading

§ 1449 - Unlading at port of entry

§ 1450 - Unlading on Sundays, holidays, or during overtime hours

§ 1451 - Extra compensation

§ 1451a - Repealed.

§ 1452 - Lading on Sundays, holidays, or at night

§ 1453 - Lading and unlading of merchandise or baggage; penalties

§ 1454 - Unlading of passengers; penalty

§ 1457 - Time for unlading

§ 1458 - Bulk cargo, time for unlading

§ 1484b - Deferral of duty on large yachts imported for sale at United States boat shows

§ 1486 - Administration of oaths

§ 1490 - General orders

§ 1498 - Entry under regulations

§ 1505 - Payment of duties and fees

§ 1581 - Boarding vessels

§ 1584 - Falsity or lack of manifest; penalties

§ 1586 - Unlawful unlading or transshipment

§ 1622 - Foreign landing certificates

§ 1623 - Bonds and other security

§ 1624 - General regulations

§ 1706 - Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise

§ 1706a - Civil penalties for trading without required certificate of documentation

§ 2071 note - Establishment of Service; Commissioner; appointment

U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 46 - SHIPPING

§ 501 - Waiver of navigation and vessel-inspection laws

§ 2107 - Civil penalty procedures

§ 2108 - Repealed.

§ 3502 - List or count of passengers

§ 5101 - Definitions

§ 5102 - Application

§ 5106 - Load line certificate

§ 5107 - Delegation of authority

§ 5108 - Special exemptions

§ 5109 - Reciprocity for foreign vessels

§ 5112 - Loading restrictions

§ 5113 - Detention of vessels

§ 5114 - Use of Customs Service officers and employees for enforcement

§ 5116 - Penalties

§ 8103 - Citizenship and Navy Reserve requirements

§ 10301 - Application

§ 10302 - Shipping articles agreements

§ 10314 - Advances

§ 10315 - Allotments

§ 12101 - Definitions

§ 12108

§ 12112 - Coastwise endorsement

§ 12118 - Owners engaged primarily in manufacturing or mineral industry

§ 12120 - Liquified gas tankers

§ 12132 - Loss of coastwise trade privileges

§ 14306 - Reciprocity for foreign vessels

§ 14502 - Measurement

§ 14511 - Application

§ 14512 - Standard tonnage measurement

§ 14513 - Dual tonnage measurement

§ 14701 - General violation

§ 14702 - False statements

§ 44101 - Application

§ 44102 - Financial responsibility to indemnify passengers for nonperformance of transportation

§ 44103 - Financial responsibility to pay liability for death or injury

§ 44104 - Civil penalty

§ 44105 - Refusal of clearance

§ 44106 - Conduct of proceedings

46 U.S. Code § 3901, 3902 - Repealed.

§ 50501 - Entities deemed citizens of the United States

§ 50502 - Applicability to receivers, trustees, successors, and assigns

§ 50503 - Oceanographic research vessels

§ 50504 - Sailing school vessels

§ 51101 - Policy

§ 51102 - Definitions

§ 51103 - General authority of Secretary of Transportation

§ 51104 - General authority of Secretary of the Navy

§ 51301 - Maintenance of the Academy

§ 51302 - Nomination and competitive appointment of cadets

§ 51303 - Non-competitive appointments

§ 51304 - Additional appointments from particular areas

§ 51305 - Prohibited basis for appointment

§ 51306 - Cadet commitment agreements

§ 51307 - Places of training

§ 51308 - Uniforms, textbooks, and transportation allowances

§ 51309 - Academic degree

§ 51310 - Deferment of service obligation under cadet commitment agreements

§ 51311 - Midshipman status in the Navy Reserve

§ 51312 - Board of Visitors

§ 51313 - Advisory Board

§ 51314 - Limitation on charges and fees for attendance

§ 51315 - Gifts to the Merchant Marine Academy

§ 51316 - Temporary appointments to the Academy

§ 51317 - Adjunct professors

§ 51501 - General support program

§ 51502 - Detailing of personnel

§ 51503 - Regional maritime academies

§ 51504 - Use of training vessels

§ 51505 - Annual payments for maintenance and support

§ 51506 - Conditions to receiving payments and use of vessels

§ 51507 - Places of training

§ 51508 - Allowances for students

§ 51509 - Student incentive payment agreements

§ 51510 - Deferment of service obligation under student incentive payment agreements

§ 51511 - Midshipman status in the Navy Reserve

§ 51701 - United States Maritime Service

§ 51702 - Civilian nautical schools

§ 51703 - Additional training

§ 51704 - Training for maritime oil pollution prevention, response, and clean-up

§ 51901 - Awards for individual acts or service

§ 51902 - Gallant Ship Award

§ 51903 - Multiple awards

§ 51904 - Presentation to representatives

§ 51905 - Flags and grave markers

§ 51906 - Special certificates for civilian service to armed forces

§ 51907 - Provision of decorations, medals, and replacements

§ 51908 - Prohibition against unauthorized manufacture, sale, possession, or display of awards

§ 52101 - Reemployment rights for certain merchant seamen

§ 53101 - Definitions

§ 53102 - Establishment of Maritime Security Fleet

§ 53103 - Award of operating agreements

§ 53104 - Effectiveness of operating agreements

§ 53105 - Obligations and rights under operating agreements

§ 53106 - Payments

§ 53107 - National security requirements

§ 53108 - Regulatory relief

§ 53109 - Repealed.

§ 53110 - Regulations

§ 53111 - Authorization of appropriations

§ 53301 - Definitions

§ 53302 - Authority for construction reserve funds

§ 53303 - Persons eligible to establish funds

§ 53304 - Vessel ownership

§ 53305 - Eligible fund deposits

§ 53306 - Recognition of gain for tax purposes

§ 53307 - Basis for determining gain or loss and for depreciating new vessels

§ 53308 - Order and proportions of deposits and withdrawals

§ 53309 - Accumulation of deposits

§ 53310 - Obligation of deposits and period for construction of certain vessels

§ 53311 - Taxation of deposits on failure of conditions

§ 53312 - Assessment and collection of deficiency tax

§ 53501 - Definitions

§ 53502 - Regulations

§ 53503 - Establishing a capital construction fund

§ 53504 - Deposits and withdrawals

§ 53505 - Ceiling on deposits

§ 53506 - Investment and fiduciary requirements

§ 53507 - Nontaxation of deposits

§ 53508 - Separate accounts within a fund

§ 53509 - Qualified withdrawals

§ 53510 - Tax treatment of qualified withdrawals and basis of property

§ 53511 - Tax treatment of nonqualified withdrawals

§ 53512 - FIFO and LIFO withdrawals

§ 53513 - Corporate reorganizations and partnership changes

§ 53514 - Relationship of old fund to new fund

§ 53515 - Records and reports

§ 53516 - Termination of agreement after change in regulations

§ 53517 - Reports

§ 53701 - Definitions

§ 53702 - General authority

§ 53703 - Application procedures

§ 53704 - Funding limits

§ 53705 - Pledge of United States Government

§ 53706 - Eligible purposes of obligations

§ 53707 - Findings related to obligors and operators

§ 53708 - Findings related to economic soundness

§ 53709 - Amount of obligations

§ 53710 - Contents of obligations

§ 53711 - Security interest

§ 53712 - Monitoring financial condition and operations of obligor

§ 53713 - Administrative fees

§ 53714 - Guarantee fees

§ 53715 - Escrow fund

§ 53716 - Deposit fund

§ 53717 - Management of funds in the Treasury

§ 53718 - Annual report to Congress

§ 53721 - Rights of obligee

§ 53722 - Actions by Secretary or Administrator

§ 53723 - Payments by Secretary or Administrator and issuance of obligations

§ 53724 - Rights to secured property

§ 53725 - Actions against obligor

§ 53731 - Commercial demonstration ocean thermal energy conversion facilities and plantships

§ 53732 - Eligible export vessels

§ 53733 - Shipyard modernization and improvement

§ 53734 - Replacement of vessels because of changes in operating standards

§ 53735 - Fisheries financing and capacity reduction

§ 53901 - Definitions

§ 53902 - Authority to provide insurance

§ 53903 - Insurable interests

§ 53904 - Liability insurance for persons involved in war or defense efforts

§ 53905 - Agency insurance

§ 53906 - Hull insurance valuation

§ 53907 - Reinsurance

§ 53908 - Additional insurance privately obtained

§ 53909 - War risk insurance revolving fund

§ 53910 - Administrative

§ 53911 - Civil actions for losses

§ 53912 - Expiration date

§ 54101 - Assistance for small shipyards and maritime communities

§ 55101 - Application of coastwise laws

§ 55102 - Transportation of merchandise

§ 55103 - Transportation of passengers

§ 55104 - Transportation of passengers between Puerto Rico and other ports in the United States

§ 55105 - Transportation of hazardous waste

§ 55106 - Merchandise transferred between barges

§ 55107 - Empty cargo containers and barges

§ 55108 - Platform jackets

§ 55110 - Transportation of valueless material or dredged material

§ 55111 - Towing

§ 55114 - Unloading fish from foreign vessels

§ 55119 - Yukon River

§ 55121 - Transportation of merchandise and passengers on Canadian vessels

§ 56101 - Approval required to transfer vessel to noncitizen

§ 57109 - Operation of vessels purchased, chartered, or leased from Secretary of Transportation

§ 60101 - Boarding arriving vessels before inspection

§ 60105 - Clearance of vessels

§ 60107 - Payment of fees on departing vessel

§ 60301 - Regular tonnage taxes

§ 60302 - Special tonnage taxes

§ 60303 - Light money

§ 60304 - Presidential suspension of tonnage taxes and light money

§ 60305 - Vessels in distress

§ 60306 - Vessels not engaged in trade

§ 60307 - Vessels engaged in coastwise trade or the fisheries

§ 60308 - Vessels engaged in Great Lakes trade

§ 60309 - Passenger vessels making trips between ports of the United States and foreign ports

§ 60310 - Vessels making daily trips on interior waters

§ 60312 - Rights under treaties preserved

§ 60503 - Reciprocal suspension of discriminating duties

§ 60504 - Reciprocal privileges for recreational vessels

Public Laws

Title 19 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 4 after this date.

  • 2014-11-26; vol. 79 # 228 - Wednesday, November 26, 2014
    1. 79 FR 70462 - Technical Amendment: Boarding of Vessels at CBP Ports
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule; technical amendment.
      Effective November 26, 2014.
      19 CFR Part 4