purpose of unlading such cargo, under the supervision of customs officers if the collector shall consider the same necessary, and in such case the compensation and expenses of such officers shall be reimbursed to the Government by the party in interest.

(b) Collectors may, if they consider the same necessary, permit any vessel laden with merchandise in bulk to proceed after entry of such vessel and its cargo to any place within their respective districts for the purpose of unlading such cargo.

(c) In such case a deposit of a sum sufficient to reimburse the Government for the compensation, travel, and subsistence expenses of the officers detailed to supervise the unlading and delivery of the cargo shall be made by the party in interest. (Secs. 447, 624, 46 Stat. 714, 759; 19 U.S.Č. 1447, 1624) [Art. 148]

2.20 Residue cargo for domestic ports; bond; penalty. (a) Tariff Act 1930, section 442:

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.

(b) Tariff Act 1930, section 443:

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 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.

(c) Passengers arriving on such vessels may likewise be carried to destination. An essential requirement of this movement is that the customs officers at each port of discharge shall have available for reference while the vessel is in port a record of the complete lading of the vessel for the particular voyage, and that, on clearance from the first and each succeeding port, there shall be presented a legible manifest in duplicate for that part of the cargo remaining on board for delivery at subsequent ports. Such manifests may consist of copies of the complete manifest with that part showing cargo previously discharged deleted, provided such copies are legible. The foregoing manifests are in addition to the comptroller's copies required by paragraphs (q) and (r) of this section.

(d) On clearance at the first port the master shall subscribe to the oath (commerce Form 1385) in triplicate with subdivision (1) filled in. The master shall also present a manifest, in duplicate, of all the foreign cargo then retained on board for delivery at other domestic or foreign ports, to which shall be attached the second and third copies of commerce Form 1385, with the permit to proceed (subdivision 2) filled in. These manifests shall be returned to the master together with a certified copy of the complete manifest filed on entrance from the foreign port, with a certificate (customs Form 3221) attached thereto, on which shall be shown. all the foreign ports visited, beginning with the first foreign port

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+For source citation, see note to § 2.2.

of lading, and the dates of departure therefrom, which shall be deposited for reference purposes at each port of discharge. The ports visited and dates of departure therefrom shall be, as shown on the master's entrance oath at the port of first arrival, considered official for purposes of liquidation and if any errors or omissions are discovered after entrance of the vessel at the first port they shall be corrected by the master or agents of the vessel by a supplemental oath filed with the collector at the first port, or if discovered after leaving the first port, the correction shall be made in the same manner with the collector at the port of call next after discovery of the error or omission, who shall notify all preceding ports of discharge accordingly, and forward the supplemental oath to the collector at the port of first arrival.

(e) Whether the cargo is dutiable or free, a charge shall be made against the term bond (customs Form 7569) if on file, or a bond (customs Form 7567) shall be given at the port of first arrival, conditioned that no merchandise shall be landed in the United States without entry therefor having been made and a permit secured.

(f) Bonds covering United States Maritime Commission vessels under operating agreement 1935 need not be furnished, but as the Commission stipulated and agreed to observe all the requirements, and to assume the same responsibilities as if the bonds had been executed, collectors will continue to issue and forward landing certificates (customs Form 3225) whenever cargo is carried forward. (g) Tariff Act of 1930, section 444:

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.

(h) On arrival at the next domestic port the master will enter his vessel within 24 hours by presenting the duplicate manifests and permits to proceed together with the certified copy of the complete manifest, carried forward from the preceding port. He will also make oath on customs Form 3251 which will be attached to one permit to proceed and extract manifest for collector's files, and the other permit and extract manifest will be sent to the discharging inspector to apprise him of the movement and cargo of the vessel. On departure for the next port duplicate manifests of the foreign cargo then remaining on board and permits to proceed shall be prepared in the same manner as on departure from the first port, and the collector shall return to the master the certified complete manifest deposited at the time of entry with a new certificate (customs Form 3221) attached thereto on which shall appear 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 should be recorded as foreign transactions.

(i) At each intermediate port the same procedure will be followed, i. e., the vessel shall be entered within 24 hours on the duplicate manifests and permits carried forward from the preceding port, and cleared on duplicate manifests of the cargo remaining on board. The

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certified complete manifest with the certificates issued at original and intermediate ports attached, shall be permanently filed at the final port of discharge. The complete manifest will, therefore, be at the first and last ports of discharge.

(j) Landing certificates (customs Form 3225) should be issued by the collector at the port of landing and forwarded to the collector at the port of first arrival, or where the bond was given.

(k) Tariff Act of 1930, section 445:

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.

(1) If it becomes necessary to substitute one American vessel for another, collectors may grant an application from a regularly established company and issue an order to transfer the cargo and passengers. Notice of the withdrawal of a particular vessel and the substitution of another must be furnished by the collector granting the application, to the collector at the first domestic port where the bond was given.

(m) Provided there is no evidence of intent to violate the coastwise laws by foreign vessels, the destination in the United States of foreign cargo appearing on entrance manifest may be changed at any domestic port to permit the landing of such cargo at any other domestic port, when the consignee or his authorized representative and the vessel's owners or agents join in a written application therefor, in which they each stipulate that in consideration of the approval of the diversion the collector shall be held blameless for any consequence of the act. The owners or agents of the vessel should be required to furnish amended manifests which should be resworn to, and one copy should be forwarded to the collector at the port where the bond was given. The obligation to forward landing certificates (customs Form 3225) rests with the port to which the cargo was diverted. The certified manifest must not be altered or added to in any way by masters or agents but in instances where the applications for changes of destination are approved, that fact and a specific reference to the manifest sheet number and the bills of lading numbers, if any, should be included in the certification on the certified (traveling) manifest.

(n) Where a vessel arrives at an Atlantic or Pacific coast port from a foreign port, with cargo shown by the manifest and bills of lading as for delivery at various optional ports on the opposite coast, and the master, owner, or agents are unable at that time to designate the specific ports of discharge, it will be necessary for entrance purposes at such port, that a manifest be filed showing all such optional ports of discharge on the opposite coast. The abstract manifest for entrance at the first port on the opposite coast, and the certified copy of complete manifest carried forward to final port of discharge should show 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 must name the port or ports

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where the residue of cargo is to be discharged as required by section 431, Tariff Act of 1930.

(0) On clearance from the first and succeeding ports on the opposite coast, certificates (customs Form 3221) should be issued amended so as to show the actual ports of discharge as determined at that port. (p) The names of the ports of destination as determined at the first port of arrival on the opposite coast, must be sent to the collector at the original port through the medium of a certified manifest which should be forwarded by the agent of the vessel. The obligation of procuring and forwarding landing certificates for the cancelation of the bond rests with the agents of the vessel at each port of discharge.

(q) The master of a vessel with foreign cargo shall furnish the comptroller of customs at the first port of arrival in the United States with a copy of the manifest of the entire cargo. When subsequent calls are made at ports within the same comptroller district, whether or not for discharge of cargo, the master shall furnish the comptroller for said district with a report on customs Form 3253, in lieu of a copy of the manifest. If any correction is necessary, the master of the vessel shall mail to the comptroller a true and correct copy of the record thereof, which is filed at the subsequent port of call.

(r) When the vessel proceeds to ports in other comptroller districts, the master shall furnish the comptroller at the port of first arrival in the respective districts with a manifest of the foreign cargo remaining on board, and shall be governed otherwise by the instructions contained in the preceding paragraph.t (R.S. 251, secs. 442, 443, 624, 46 Stat. 713, 759, R.S. 161; 19 U.S.C. 66, 1442, 1443, 1624, 5 U.S.C. 22) [Art. 150]

CROSS REFERENCES: For United States Maritime Commission, see 46 CFR Chapter II. For regulations of the Bureau of Marine Inspection and Navigation limiting coastwise trade and fisheries to American vessels, see 46 CFR 6.1. 2.21 Foreign merchandise for foreign ports. (a) When merchandise, whether dutiable or free, destined to a foreign port or place, is retained on board a vessel pursuant to section 442, Tariff Act of 1930, a charge shall be made against the term bond (customs Form 7569) if on file, or a bond (customs Form 7567) shall be given at the port of first arrival in a sum equal to the amount of estimated duties but not to exceed $10,000, conditioned that the merchandise shall not be landed within the United States unless entry thereof shall first be made and the duties thereon paid or secured; provided that, if in the judgment of the collector the protection of the revenue so requires, a bond in a larger sum (not to exceed the estimated duties) may be exacted.

(b) The bond shall be canceled upon production of foreign landing certificates or other satisfactory evidence of compliance with such bond.

(c) (1) Landing bond: Where any shipment of spirits, wines, or other alcoholic liquors, found on board of a vessel not exceeding 500 net tons, is shown to have a bona fide destination without the United States, a landing bond with an authorized corporate surety or sureties, to be furnished by the master, must be required by

*For source citation, see note to § 2.2.

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the collector of customs, in case the shipment is not accompanied by a certificate of shipment as prescribed by section 7 of the Act of August 5, 1935 (49 Stat. 520; 19 U.S.C., Sup., 1707). For the purposes of this paragraph, the United States includes all territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, the Canal Zone, American Samoa, and the island of Guam.

(2) Form of landing bond: The landing bond required by this section shall be on customs Form 7593, the form of which is set forth in T.D. 47886.

(3) Proof of landing: The condition of a landing bond (customs Form 7593) for the delivery of spirits, wines, or other alcoholic liquors shipped upon a vessel not exceeding 500 net tons and destined to a port or place without the United States, shall be satisfied by the delivery to the collector of customs by whom the bond was required of a landing certificate or certificates showing that all such spirits, wines, or other alcoholic liquors on board of the vessel have been landed at their destination. The landing certificate or certificates required by this paragraph to be delivered in satisfaction of a landing bond must be delivered to such collector of customs within 6 months from the date of the bond, and in default thereof the sum of the bond shall be forfeited to the United States or the said bond canceled upon the payment of such lesser amount as the Secretary of the Treasury may deem sufficient.

(4) Certification of landing by foreign revenue officer: A certificate of the landing of spirits, wines, or other alcoholic liquors, as prescribed in (3) of this paragraph must be signed by a revenue officer of the foreign country to which the liquors are destined, unless it is shown to be impossible to secure the certificate of such an officer, as when the country to which the merchandise is destined has no customs administration, or when such country forbids its customs officers to sign such certificates. No verification of the signature of the revenue officer is necessary if the official seal of such officer be affixed to the certificate. If it is not possible to procure the certificate of the revenue officer, the landing certificate may be signed by the consignee or by the vessel's agent at the place of landing (consular Form 150), and in such a case the certificate should be certified by a consular officer of the United States, or if there is no such consular officer at the place of landing, it should be sworn to before a notary public or other officer authorized to administer oaths and having an official seal.

(d) United States Maritime Commission transactions will be governed by the procedure indicated in § 2.20.

(e) If no other transaction is involved the vessel will be cleared to the foreign port or ports "direct" (commerce Form 1378) on a manifest completely itemizing the cargo retained on board, but if proceeding via another domestic port or ports the requirements of § 2.20 shall be followed.

(f) At each succeeding domestic port the same procedure shall be followed as provided in § 2.20 (h)

(g) Bond shall be taken in case of a vessel entering from sea in distress with foreign cargo destined for a foreign port and subPage 36