19 CFR 4.30 - Permits and special licenses for unlading and lading.

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§ 4.30 Permits and special licenses for unlading and lading.
(a) Except as prescribed in paragraph (f), (g), or (k) of this section or in § 123.8 of this chapter, and except in the case of a vessel exempt from entry or clearance fees under 19 U.S.C. 288, no passengers, cargo, baggage, or other article shall be unladen from a vessel which arrives directly or indirectly from any port or place outside the Customs territory of the U.S., including the adjacent waters (see § 4.6 of this part), or from a vessel which transits the Panama Canal and no cargo, baggage, or other article shall be laden on a vessel destined to a port or place outside the Customs territory of the U.S., including the adjacent waters (see § 4.6 of this part) if Customs supervision of such lading is required, until the port director shall have issued a permit or special license therefore on Customs Form 3171 or electronically pursuant to an authorized electronic data interchange system or other means of communication approved by the Customs Service.
(1) U.S. and foreign vessels arriving at a U.S. port directly from a foreign port or place are required to make entry, whether it be formal or, as provided in § 4.8, preliminary, before the port director may issue a permit or special license to lade or unlade.
(2) U.S. vessels arriving at a U.S. port from another U.S. port at which formal entry was made may be issued a permit or special license to lade or unlade without having to make either preliminary or formal entry at the second and subsequent ports. Foreign vessels arriving at a U.S. port from another U.S. port at which formal entry was made may be issued a permit or special license to lade or unlade at the second and subsequent ports prior to formal entry without the necessity of making preliminary entry. In these circumstances, after the master has reported arrival of the vessel, the port director may issue the permit or special license or may, in his discretion, require the vessel to be boarded, the master to make an oath or affirmation to the truth of the statements contained in the vessel's manifest to the Customs officer who boards the vessel, and require delivery of the manifest prior to issuing the permit.
(b) Application for a permit or special license will be made by the master, owner, or agent of the vessel on Customs Form 3171, or electronically pursuant to an authorized electronic data interchange system or other means of communication approved by the Customs Service, and will specifically indicate the type of service desired at that time, unless a term permit or term special license has been issued. Vessels that arrive in a Customs port with more than one vessel carrier sharing or leasing space on board the vessel (such as under a vessel sharing or slot charter arrangement) are required to indicate on the CF 3171 all carriers on board the vessel and indicate whether each carrier is transmitting its cargo declaration electronically or is presenting it on the Customs Form 1302. In the case of a term permit or term special license, upon entry of each vessel, a copy of the term permit or special license must be submitted to Customs during official hours in advance of the rendering of services so as to update the nature of the services desired and the exact times they will be needed. Permits must also be updated to reflect any other needed changes including those in the name of the vessel as well as the slot charter or vessel sharing parties. An agent of a vessel may limit his application to operations involved in the entry and unlading of the vessel or to operations involved in its lading and clearance. Such limitation will be specifically noted on the application.
(c) The request for a permit or a special license shall not be approved (previously issued term permits or special licenses shall be revoked) unless the carrier complies with the provisions of paragraphs (l) and (m) of this section regarding terminal facilities and employee lists, and the required cash deposit or bond has been filed on Customs Form 301, containing the bond conditions set forth in § 113.64 of this chapter relating to international carriers. 62 When a carrier has on file a bond on Customs Form 301, containing the bond conditions set forth in § 113.63 of this chapter relating to basic custodial bond conditions, no further bond shall be required solely by reason of the unlading or lading at night or on a Sunday or holiday of merchandise or baggage covered by bonded transportation entries. Separate bonds shall be required if overtime services are requested by different principals.

Footnote(s):
62 “Before any such special license to unlade shall be granted, the master, owner, or agent of such vessel or vehicle, or the person in charge of such vehicle, shall be required to deposit sufficient money to pay, or to give a bond in an amount to be fixed by the Secretary conditioned to pay, the compensation and expenses of the customs officers and employees assigned to duty in connection with such unlading at night or on Sunday or a holiday, in accordance with the provisions of section 5 of the act of February 13, 1911, as amended (U.S.C. 1952 edition, title 19 sec. 267). In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may execute a bond in an amount to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to exceed one year. * * *” (Tariff Act of 1930, section 451, as amended, 19 U.S.C. 1451)
63-66 [Reserved]

(d) Except as prescribed in paragraph (f) or (g) of this section, a separate application for a permit or special license shall be filed in the case of each arrival.
(e) Stevedoring companies and others concerned in lading or unlading merchandise, or in removing or otherwise securing it, shall ascertain that the applicable preliminary Customs requirements have been complied with before commencing such operation, since performance in the absence of such compliance render them severally liable to the penalties prescribed in section 453, Tariff Act of 1930, even though they may not be responsible for taking the action necessary to secure compliance.
(f) The port director may issue a term permit on Customs Form 3171, which will remain in effect until revoked by the port director, terminated by the carrier, or automatically cancelled by termination of the supporting continuous bond, to unlade merchandise, passengers, or baggage, or to lade merchandise or baggage during official hours.
(g) The port director may issue a term special license on Customs Form 3171, which will remain in effect until revoked by the port director, terminated by the carrier, or automatically cancelled by termination of the supporting continuous bond, to unlade merchandise, passengers, or baggage, or to lade merchandise or baggage during overtime hours or on a Sunday or holiday when Customs supervision is required. (See § 24.16 of this chapter regarding pleasure vessels.)
(h) A special license for the unlading or lading of a vessel at night or on a Sunday or holiday shall be refused by the port director if the character of the merchandise or the conditions or facilities at the place of unlading or lading render the issuance of such special license dangerous to the revenue. In no case shall a special license for unlading or lading at night or on a Sunday or holiday be granted except on the ground of commercial necessity.
(i) The port director shall not issue a permit or special license to unlade cargo or equipment of vessels arriving directly or indirectly from any port or place outside the United States, except on compliance with one or more of the following conditions:
(1) The merchandise shall have been duly entered and permits issued; or
(2) A bond on Customs Form 301, containing the bond conditions set forth in § 113.64 of this chapter relating to international carriers, or cash deposit shall have been given; or
(3) The merchandise is to be discharged into the custody of the port director as provided for in section 490(b), Tariff Act of 1930.
(j) Bonds are not required under this section for vessels owned by the United States and operated for its account.
(k) In the case of vessels of 5 net tons or over which are used exclusively as pleasure vessels and which arrive from any country, the port director in his discretion and under such conditions as he deems advisable may allow the required application for unlading passengers and baggage to be made orally, and may authorize his inspectors to grant oral permission for unlading at any time, and to grant requests on Customs Form 3171 for overtime services.
(l) A permit to unlade pursuant to this part 4 or part 122 of this chapter shall not be granted unless the port director determines that the applicant provides or the terminal at which the applicant will unlade the cargo provides (1) sufficient space, capable of being locked, sealed, or otherwise secured, for the storage immediately upon unlading of cargo whose weight-to-value ratio renders it susceptible to theft or pilferage and of packages which have been broken prior to or in the course of unlading; and (2) an adequate number of vehicles, capable of being locked, sealed, or otherwise secured, for the transportation of such cargo or packages between the point of unlading and the point of storage. A term permit to unlade shall be revoked if the port director determines subsequent to such issuance that the requirements of this paragraph have not been met.
(m) A permit to unlade pursuant to this part 4 or part 122 of this chapter shall not be granted to an importing carrier, and a term permit to unlade previously granted to such a carrier shall be revoked, (1) if such carrier, within 30 days after the date of receipt of a written demand by the port director, does not furnish a written list of the names, addresses, social security numbers, and dates and places of birth of persons it employs in connection with the unlading, storage and delivery of imported merchandise; or (2) if, having furnished such a list, the carrier does not advise the port director in writing of the names, addresses, social security numbers, and dates and places of birth of any new personnel employed in connection with the unlading, storage and delivery of imported merchandise within 10 days after such employment. If the employment of any such person is terminated, the carrier shall promptly advise the port director. For the purposes of this part, a person shall not be deemed to be employed by a carrier if he is an officer or employee of an independent contractor engaged by a carrier to load, unload, transport or otherwise handle cargo.
(n) CBP will not issue a permit to unlade before it has received the cargo declaration information pursuant to § 4.7(b)(2) or (4) of this part. In cases in which CBP does not receive complete cargo declaration information from the carrier or a NVOCC in the manner, format, and time frame required by § 4.7(b)(2) or (4), as appropriate, CBP may delay issuance of the permit to unlade the entire vessel until all required information is received. CBP may also decline to issue a permit to unlade the specific cargo for which a cargo declaration is not received in a timely manner under § 4.7(b)(2) or (4). Further, where a carrier does not transmit a cargo declaration in the manner required by § 4.7(b)(2) or (4), preliminary entry pursuant to § 4.8(b) will be denied.
[28 FR 14596, Dec. 31, 1963]
Editorial Note:
For Federal Register citations affecting § 4.30, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

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