19 CFR § 4.93 - Coastwise transportation by certain vessels of empty vans, tanks, and barges, equipment for use with vans and tanks; empty instruments of international traffic; stevedoring equipment and material; procedures.

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§ 4.93 Coastwise transportation by certain vessels of empty vans, tanks, and barges, equipment for use with vans and tanks; empty instruments of international traffic; stevedoring equipment and material; procedures.

(a) Vessels of the United States prohibited from engaging in the coastwise trade and vessels of nations found to grant reciprocal privileges to vessels of the United States may transport the following articles between points embraced within the coastwise laws of the United States:

(1) Empty cargo vans, empty lift vans, and empty shipping tanks; equipment for use with cargo vans, lift vans, or shipping tanks; empty barges specifically designed for carriage aboard a vessel and equipment, excluding propulsion equipment, for use with such barges; and empty instruments of international traffic exempted from application of the Customs laws by the Secretary of the Treasury pursuant to the provisions of section 322(a), Tariff Act of 1930 (19 U.S.C. 1322(a)), if such articles are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handling his cargo in foreign trade.

(2) Stevedoring equipment and material, if such equipment and material is owned or leased by the owner or operator of the transporting vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is transported without charge for use in the handling of cargo in foreign trade. 125

125 “* * * Provided further, That upon such terms and conditions as the Secretary of the Treasury by regulation may prescribe, and, if the transporting vessel is of foreign registry, upon a finding by the Secretary of the Treasury, pursuant to information obtained and furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, this section shall not apply to the transportation by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry, of (a) empty cargo vans, empty lift vans, and empty shipping tanks, (b) equipment for use with cargo vans, lift vans, or shipping tanks, (c) empty barges specifically designed for carriage aboard a vessel, and (d) any empty instrument for international traffic exempted from application of the customs laws by the Secretary of the Treasury pursuant to the provisions of section 322(a), Tariff Act of 1930 (19 U.S.C. 1322(a)), if the articles described in clauses (a) through (d) are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handling his cargo in foreign trade; and (e) stevedoring equipment and material, if such equipment and material is owned or leased by the owner or operator of the transported vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is transported without charge for use in the handling of cargo in foreign trade.” (46 U.S.C. 883).

126–130 [Reserved]

(b)

(1) The following nations have been found to extend privileges reciprocal to those provided in paragraph (a) of this section for empty cargo vans, empty lift vans, and empty shipping tanks to vessels of the United States:

Antigua and Barbuda

AustraliaAustria

Bahamas, The

Bahrain

Belgium

Bermuda

Brazil

Canada

Chile

China*

Colombia

Cyprus

Denmark

Ecuador

Finland

France

Guatemala

Germany, Federal Republic of

Greece

Iceland

India

Iran

Ireland

Israel

Italy

Ivory Coast

Japan

Kuwait

Liberia

Luxembourg

Malta

Marshall Islands, Republic of the

Mexico

Netherlands

Netherlands Antilles

Norway

Pakistan

Philippines

Polish People's Republic

Portugal

Republic of Korea

Republic of Panama

Republic of Singapore

Republic of Zaire

St. Vincent and the Grenadines

Saudi Arabia

South Africa

Spain

Sweden

Taiwan

Union of Soviet Socialist Republics

United Arab Emirates

United Kingdom (including The Cayman Islands and Hong Kong)

Vanuatu, Republic of

Yugoslavia, Socialist Federal Republic of

*See also Taiwan

(2) The following nations have been found to extend similar reciprocal privileges in respect to the other articles mentioned in paragraph (a) of this section:

Antigua and Barbuda

Australia

Austria

Bahamas, The

Bahrain

Belgium

Bermuda

Brazil

Chile

Colombia

Denmark

Federal Republic of Germany

Finland

France

Greece

Guatemala

Iceland

India

Ireland

Israel

Italy

Ivory Coast

Kuwait

Liberia

Luxembourg

Malta

Mexico

Netherlands

Netherlands Antilles

Norway

Polish People's Republic

Portugal

Republic of Korea

Republic of Panama

Republic of Singapore

Republic of Zaire

St. Vincent and the Grenadines

South Africa

Spain

Sweden

Taiwan

Union of Soviet Socialist Republics

United Arab Emirates

United Kingdom (including The Cayman Islands and Hong Kong)

Vanuatu, Republic of

(c) Any Cargo Declaration, Customs Form 1302, required to be filed under this part by any foreign vessel shall describe any article mentioned in paragraph (a) of this section laden aboard and trans ported from one United States port to another, giving its identifying number or symbol, if any, or such other identifying data as may be appropriate, the names of the shipper and consignee, and the destination. The Cargo Declaration shall also include a statement (1) that the articles specified in paragraph (a)(1) of this section are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handing his cargo in foreign trade; or (2) that the stevedoring equipment and material specified in paragraph (a)(2) of this section is owned or leased by the owner or operator of the trans porting vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is trans ported without charge for his use in handling his cargo in foreign trade. If the director of the port of lading is satisfied that there will be sufficient control over the coastwise transportation of the article without identifying it by number or symbol or such other identifying data on the Cargo Declaration, he may permit the use of a Cargo Declaration that does not include such information provided the Cargo Declaration includes a statement, that the director of the port of unlading will be presented with a statement at the time of entry of the vessel that will list the identifying number or symbol or other appropriate identifying data for the article to be unladen at that port. Applicable penalties under section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall be assessed for violation of this paragraph.

[T.D. 68–302, 33 FR 18436, Dec. 12, 1968]
Editorial Note:
For Federal Register citations affecting § 4.93, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.