titled to or, except for its tonnage, would be entitled to be enrolled and licensed or licensed for the coastwise trade; or

(3) Owned by a partnership or association in which at least a 75 percent interest is owned by such a citizen, is exempt from documentation, and is entitled to or, except for its tonnage, or citizenship of its owner, or both, would be entitled to be enrolled and licensed or licensed for the coastwise trade. (See § 3.19 (d) of this chapter.)

(b) Any vessel of the United States, whether or not entitled under paragraph (a) of this section to engage in the coastwise trade, and any foreign vessel may proceed between points in the United States embraced within the coastwise laws to discharge cargo or passengers laden at a foreign port, to lade cargo or passenger for a foreign port, or in ballast. Cargo laden at a foreign port may be retained on board during such movements.

(R. S. 4311, sec. 2, 39 Stat. 729, as amended, sec. 27, 41 Stat. 999, as amended; 46 U. S. C. 251, 802, 883)

§ 4.81 Reports of arrivals and departures in coastwise trade. (a) No vessel which is enrolled and licensed or licensed for the coastwise trade, registered, or owned by a citizen and exempt from documentation, and which is in ballast or laden only with domestic products or

"If any merchandise is laden at any port or placed in the United States upon any vessel belonging wholly or in part to a subject of a foreign country, and is taken thence to a foreign port or place to be reladen and reshipped to any other port in the United States, either by the same or by another vessel, foreign or American, with intent to evade the provisions relating to the transportation of merchandise from one port or place of the United States to another port or place of the United States in a vessel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such lastnamed port or place, be seized and forfeited to the United States, and the vessel shall pay a tonnage duty of 50 cents per net ton." (Tariff Act of 1930, sec. 588; 19 U. S. C. 1588) (See § 3.5 of this chapter for vessels exempt from documentation.)

passengers being carried only between points in the United States shall be required to report arrival or to enter when coming into one port of the United States from any other such port, except as provided for in §§ 4.83 and 4.84, nor to obtain a clearance or permit to proceed when going from one port in the United States to any other such port except a port in noncontiguous territory."11

(b) When the facts are as above stated except that the vessel is carrying bonded merchandise, the master shall report its arrival as provided for in § 4.2.

(c) The master of a registered vessel operating within the purview of this section shall deposit the vessel's register with the collector upon arrival at each port in the United States. The register shall be carefully examined to determine whether the vessel is entitled to engage in the coastwise trade, and shall be returned to the master upon the departure of the vessel.

(d) Before any foreign vessel shall depart in ballast from any port in the United States for any other such port, the master shall apply to the collector for a permit to proceed and file his oath in duplicate on customs Form 1385 (subdivision 4). When the collector grants the permit on subdivision 5 of Form 1385, the duplicate copy of the form shall be returned to the master. Within 24 hours after arrival at the second port in the United States, the master shall report his arrival to the collector and shall make entry within 48 hours by filing with the collector the permit to proceed with his oath executed on subdivision 6 of the form, and the document of the vessel. (R. S. 4132, as amended, 4311, 4367, 4368; sec. 27, 41 Stat. 999, as amended, sec. 433, 46 Stat. 711; 19 U. S. C. 1433, 46 U. S. C. 11, 251, 313, 314, 883)

§ 4.82 Touching at foreign port while in coastwise trade. (a) A vessel under unlimited register or frontier enrollment and license which, during a voyage between ports in the United States, touches at one or more foreign ports and there discharges or takes on merchandise, passengers, baggage, or mail 112 shall obtain 111 See § 4.84.

112 "Any vessel, on being duly registered in pursuance of the laws of the United States, may engage in trade between one port in the United States and one or more ports within the same, with the privilege of touching at one or more foreign ports during the voyage, and land and take in thereat merchandise, passengers and their baggage, and

a permit to proceed or clearance at each port of lading in the United States for the foreign port or ports at which it is intended to touch. The outward foreign manifest shall show only the cargo for foreign destination. (See §§ 4.61 and 4.87.)

(b) The master shall also present to the collector a coastwise manifest in triplicate of the merchandise to be transported via the foreign port or ports to the subsequent ports in the United States. It shall describe the merchandise and show the marks and numbers of the packages, the names of the shippers and consignees, and the destinations. The collector shall certify the two copies and return them to the master. Merchandise carried by the vessel in bond under a transportation entry and manifest, customs Form 7512, shall not be shown on the coastwise manifest.

(c) Upon arrival from the foreign port or ports at the subsequent port in the United States, a report of arrival and entry of the vessel shall be made, and tonnage taxes shall be paid unless the vessel is under a frontier enrollment and license. The master shall present inward foreign manifests in accordance with 4.7 and the certified copies of the coastwise manifest.

(d) All merchandise on the vessel upon its arrival at the subsequent port in the United States is subject to such customs examination and treatment as may be necessary to protect the revenue. Any article on board which is not identified to the satisfaction of the collector, by the coastwise manifest or otherwise, as part

letters, and mails. All such vessels shall be furnished by the collectors of the ports at which they shall take in their cargoes in the United States, with certified manifests, setting forth the particulars of the cargoes, the marks, number of packages, by whom shipped, to whom consigned, at what port to be delivered; designating such merchandise as is entitled to drawback, or to the privilege of being placed in warehouse; and the masters of all such vessels shall, on their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the laws providing for the delivery of manifests of cargo and passengers taken on board at such foreign port, and all other laws regulating the report and entry of vessels from foreign ports, and be subject to all the penalties therein prescribed." (19 U. S. C. 293)

of the coastwise cargo, shall be treated as imported merchandise.113 (R. S. 2793, as amended, 3126, 3127, 4318; 19 U. S. C. 293, 294, 46 U. S. C. 123, 258)

§ 4.83 Trade between United States ports on the Great Lakes and other ports of the United States. (a) A vessel proceeding from or to a port of the United States on the Great Lakes to or from any other port of the United States via the St. Lawrence River shall be registered and shall manifest its cargo, clear from the port of departure, and report its arrival and make entry at the port of arrival in accordance with §§ 4.2 and 4.9. No fee shall be collected for the clearance of the vessel if it intends to touch at no foreign port other than Montreal and to transact no business at Montreal, nor shall any entry fee or tonnage tax be collected if the vessel touched at no foreign port other than Montreal and transacted no business at Montreal.

(b) A vessel in the coastwise trade only, which is proceeding from or to a port of the United States on the Great Lakes via the Hudson River and otherwise than by sea, may operate under enrollment and license or frontier enrollment and license and shall not be required to clear, report its arrival, or make entry.

(R. S. 2793, 4197, as amended, 4200, as amended, 4318, as amended; 46 U. S. C. 91, 92, 111, 123, 258)

§ 4.84 Trade with noncontiguous territory. (a) No vessel shall depart from a port in noncontiguous territory of the United States for any other port in such territory or for any port in the continental United States, nor from any port in the continental United States for any port in such territory, until a clearance for the vessel has been granted, except that clearance is not required for a vessel departing from a port in Alaska or Hawaii for any port in any noncon

113 "Any foreign merchandise taken in at one port of the United States to be conveyed in registered vessels to any other port within the same, either under the provisions relating to warehouses, or under the laws regulating the transportation coastwise of merchandise entitled to drawback, as well as any merchandise not entitled to drawback, but on which the import duties chargeable by law shall have been duly paid, shall not become subject to any import duty by reason of the vessel in which they may arrive having touched at a foreign port during the voyage." (19 U. S. C. 294)

tiguous territory of the United States or in the continental United States or for a vessel departing from a port in any such territory or in the continental United States for a port in Alaska or Hawaii.114 Such clearance shall be granted in accordance with the applicable provisions of § 4.61, except that the customs Form 1378 shall be modified by striking out "to a foreign port" and substituting "to noncontiguous territory of the United States" or "to the United States," as the case may be, unless the vessel is simultaneously engaged in one or more of the transactions listed in § 4.90 (a) (2), (4), (5), and (6). In the latter case clearance shall be granted only on customs Form 1385. (See § 4.90 (b).)

(b) The master of every foreign vessel arriving at any port in the United States or its noncontiguous territory from any port in such territory to which the coastwise laws do not apply, or arriving at any port in noncontiguous territory of the United States to which the coastwise laws do not apply from any port embraced within the coastwise laws, shall report its arrival within 24 hours and make entry for the vessel within 48 hours after its arrival.

(c) The master of a vessel of the United States arriving at any port within the customs territory of the United States from any port in noncontiguous territory outside its customs territory shall report its arrival within 24 hours and shall prepare, produce, and file manifests in the form and manner and at the times specified in §§ 4.7 and 4.9 but shall not be required to make entry. If such a vessel proceeds to subsequent ports in the United States, the master shall prepare, produce, and file manifests in the form and manner and at the times specified in § 4.85, but no permit to proceed shall be required. No cargo shall be unladen from any such vessel until manifests have been filed and a permit to unlade has been issued in accordance with the procedure outlined in § 4.30.

(d) No vessel shall bring guano to the United States from a guano island appertaining to the United States, as provided for in Chapter 8, Title 48, United

114 For clearance via domestic ports, see § 4.87.

States Code, unless entitled to engage in the coastwise trade.

(R. S. 4197, as amended, 4200, as amended, 32 Stat. 172; 46 U. S. C. 91, 92, 95)

§ 4.85 Vessels with residue cargo for domestic ports. (a) Any foreign vessel or vessel of the United States under register or frontier enrollment and license, arriving from a foreign port with cargo or passengers manifested for ports in the United States other than the port of first arrival, may proceed with such cargo or passengers from port to port."

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(b) When applying for clearance from the port of first arrival, the master of the vessel shall present to the collector a manifest in duplicate of all the foreign cargo then retained on board for delivery at other domestic or foreign ports. This manifest, referred to hereinafter as an abstract manifest, may be a legible copy of the complete inward foreign manifest with the items deleted which cover cargo previously discharged.

(c) The application for permit to proceed shall be submitted in triplicate on customs Form 1385 with subdivision 1 completely executed. It shall be accompanied by customs Form 3221 in duplicate with the information called for by the form shown thereon in conformity with the data shown on the oath filed by the master on customs Form 3251 (see § 4.9 (a)). The collector shall execute subdivision 2 of Form 1385 and attach the second and third copies to the two copies of the abstract manifest which shall be returned to the master. A certified copy of the complete inward foreign manifest (traveling manifest) with a signed copy of the Form 3221 attached shall also be returned to the master, together with the vessel's document if on deposit.116

115 44

Any vessel arriving from a foreign port or place having on board merchandise shown by the manifest to be destined to a port or ports in the United States other than the port of entry at which such vessel first arrived and made entry may proceed with such merchandise from port to port or from district to district for the unlading thereof." (Tariff Act of 1930, sec. 442; 19 U. S. C. 1442)

116 "Merchandise arriving in any vessel for delivery in different districts or ports of entry shall be described in the manifest in the order of the districts or ports at or in which the same is to be unladen. Before any vessel arriving in the United States with any such merchandise shall depart from the port of first arrival, the master shall obtain from the

(d) On arrival at the next and each succeeding domestic port, the master shall report arrival and make entry within 24 hours by presenting both abstract manifests received by him on clearance from the last port with the Form 1385 attached, duplicate lists of all unentered articles acquired abroad by the officers and crew of the vessel which are still retained on board and of the stores on board, and the traveling manifest with Form 3221 attached."" He shall also file his oath on customs Form 3251. No additional vessel bond on customs Form 7567 or 7569 need be filed. Upon each departure for another domestic port, the same procedure shall be followed as on departure from the port of first arrival, except that the collector may endorse on the new certificate on customs Form 3221 attached to the traveling manifest at each such port the following notation: For foreign ports and dates of departure therefrom see attached Form 3221 issued at the first domestic port of entry. These movements shall be recorded as foreign transactions.

(e) If any error or omission in the preparation of the Form 3221 is discovered after clearance of the vessel from the port of first arrival, it shall be corrected by the master or agent of the vessel by filing a supplemental oath on customs Form 3251 with the collector at the port where the error or omission is first discovered. That collector shall notify the collector at any preceding port of the correction and forward the

collector a permit therefor with a certified copy of the vessel's manifest showing the quantities and particulars of the merchandise entered at such port of entry and of that remaining on board." (Tariff Act of 1930, sec. 443; 19 U. S. C. 1443)

"If the master of any such vessel shall proceed to another port or district without having obtained a permit therefor and a certified copy of his manifest, or if he shall fail to produce such permit and certified copy of his manifest to the collector at the port of destination, or if he shall proceed to any port not specified in the permit, he shall be liable to a penalty, for each offense, of not more than $500." (Tariff Act of 1930, sec. 445; 19 U. S. C. 1445)

117 "Within twenty-four hours after the arrival of such vessel at another port of entry, the master shall report the arrival of his vessel to the collector at such port and shall produce the permit issued by the collector at the port of first arrival, together with the certified copy of his manifest." (Tariff Act of 1930, sec. 444; 19 U. S. C. 1444)

supplemental oath to the collector at the port of first arrival.

(f) The traveling manifest with all certificates issued at the preceding ports shall be surrendered to the collector at the final port of discharge for retention in his files.

(g) Whenever the vessel calls at a subsequent port in the same comptroller district as the port of first arrival, whether or not for discharge of cargo, the master shall furnish to the comptroller of customs for that district a report on customs Form 3253 in lieu of a copy of the manifest. If any correction is necessary, the master shall mail to the comptroller a true and correct copy of the record thereof filed at the subsequent port.

(h) Whenever the vessel proceeds to a port in another comptroller district, immediately upon arrival at the first port in the new district and before entry of the vessel, the master shall mail or deliver to the comptroller for the district a manifest of the foreign cargo remaining on board and of all unentered articles acquired abroad by the officers and crew of the vessel and stores on board, and then proceed in accordance with the preceding paragraph.

(i) After correction of the manifest (see § 4.12) and upon request of the master or agent of the vessel, the collector at each port in the United States after the port of first arrival shall furnish a certificate on customs Form 3225 to cover the cargo landed at that port. Such certificates shall be forwarded to the collector at the port of first arrival for cancelation of the charge against the vessel bond on file at that port. (Secs. 439, 442, 443, 444, 46 Stat. 712, 713; 19 U. S. C. 1439, 1442, 1443, 1444)

§ 4.86 Intercoastal residue-cargo procedure; optional ports. (a) When a vessel arrives at an Atlantic or Pacific coast port from a foreign port with cargo for delivery at optional ports on the opposite coast and the master, owner, or agent is unable at that time to designate the specific port or ports of discharge, the manifest filed on entry shall show all such optional ports of discharge. The traveling manifest and each abstract manifest shall show at the time of clearance from each port on the coast of first arrival all the optional ports of delivery. Upon arrival at the first port on the opposite coast, the privilege of optional

port of delivery expires and the master, owner, or agent shall then designate the port or ports where the residue cargo is to be discharged as required by section 431, Tariff Act of 1930.

(b) On clearance from the first and each succeeding port on the second coast, the certificate on customs Form 3221 shall show the actual ports of discharge as determined at the first port.

(c) The names of the ports of destination, as designated at the first port of arrival on the second coast, shall be reported to the collector at the port of first arrival on the first coast by endorsement on a certified copy of the complete inward foreign manifest which shall be forwarded by the agent of the vessel. (Secs. 442, 443, 444, 46 Stat. 713; 19 U. S. C. 1442, 1443, 1444)

§ 4.87 Vessels proceeding foreign via domestic ports. (a) Any foreign vessel

or vessel of the United States under register or frontier enrollment and license may proceed from port to port in the United States to lade cargo or passengers for foreign ports.

(b) When applying for a clearance from the first and each succeeding port of lading, except the final port of departure from the United States, the master of the vessel shall present to the collector a manifest in duplicate on customs Form 1374 of all the cargo laden on board for export with the port of lading indicated for each item.

(c) The application for permit to proceed shall be submitted in duplicate on customs Form 1385 with subdivision 1 completely executed. Upon compliance with the applicable provisions of § 4.61, the collector shall execute subdivision 2 of Form 1385 and attach a copy to each of the two copies of the manifest. One copy of the manifest shall then be certified and returned to the master, together with the vessel's document if on deposit.

(d) On arrival at the next and each succeeding domestic port, the master shall report arrival within 24 hours. He shall also make entry within 48 hours by presenting the vessel's document, the certified manifest received by him upon clearance from the last port, and duplicate lists of all unentered articles acquired abroad by the officers and crew of the vessel which are still retained on board and of the stores on board. Subdivision 3 of the Form 1385 attached to

such manifest shall be completely executed upon delivery of the manifest to the collector.

(e) Clearance shall be granted at the final port of departure from the United States in accordance with § 4.61.

(f) If a complete manifest or all required export declarations are not available for filing at any port, clearance on customs Form 1385 (Form 1378 at the last port) may be granted in accordance with § 4.74, subject to the limitation in § 4.74 (f).

(g) The master shall place on each manifest required to be filed by paragraph (b) of this section a notation in the following form, with the inapplicable words deleted:

Manifest for cargo laden at

complete (incomplete). Shipper's export declarations have been (will be) filed and export requirements have been (will be) met at port of lading. Certified copy of complete manifest will be filed by vessel's owner or agent with the collector at final port of departure from the United States.

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(h) When the procedure outlined in paragraph (f) of this section is followed, the owner or agent of the vessel shall deliver within 4 days a manifest in duplicate on customs Form 1374 and the missing export declarations to cover the cargo laden for export at that port. The collector shall certify one copy of such manifest and return it to the owner or agent, who shall thereupon deliver it to the collector at the final port of departure of the vessel from the United States. (R. S. 4197, as amended, 4200, as amended, 4367, 4368, secs. 433, 435, 487, 46 Stat. 711; 19 U. S. C. 1433, 1435, 1437, 46 U. S. C. 91, 92, 313, 314)

§ 4.88 Vessels with residue cargo for foreign ports. (a) Any foreign vessel or vessel of the United States under register or frontier enrollment and license which arrives at a port in the United States from a foreign port shall not be required to unlade any merchandise manifested for a foreign destination.113