(a) Manifest required. Sealable truckload and less than truckload shipments transiting Canada from point to point in the United States shall be manifested on customs Form 7512-B, Canada 8-1/2 Trucks transiting Canada will be allowed to proceed without presentation of this in-transit manifest at the U.S. port of departure.

(b) Procedure at Canadian ports of arrival and exit. Truck shipments transiting Canada shall comply with Canadian customs regulations. These procedures are generally the following:

(1) Canadian port of arrival. The driver will present a manifest on customs Form 7512-B, Canada 8-1/2, to the Canadian customs officer. The truck will be sealed unless sealing is waived by Canadian customs.

(2) Canadian port of exit. The driver will present the manifest to the customs officer at the Canadian port of exit for certification.

The customs officer will

verify that the seals are intact if the vehicle has been sealed, or if sealing has been waived that there are no irregularities. After verification and certification of the in-transit manifest by Canadian customs the truck will be allowed to proceed to the United States.

(c) Procedure at the U.S. port of reentry. The driver of a truck reentering the United States after transiting Canada shall present a copy of the combined inward foreign and in-transit manifest on customs Form 7512-B, Canada 8-1/2, to the customs officer. When this copy of the manifest does not bear the certification of a customs officer at the Canadian port of exit, the driver shall be allowed to return to that port to obtain certification. The carrier will be permitted to break any seals affixed by Canadian customs upon presentation of a certified manifest. If sealing was waived, the U.S. customs officer shall satisfy himself that the truck contains only that merchandise which moved on the truck from the United States through Canada.

(d) Proof of exportation from Canada. Upon request of the carrier at the port of reentry, a certified copy of the in-transit

manifest presented at the time of reentry shall be furnished as proof of exportation of the shipment from Canada. (Sec. 554, 46 Stat. 743; 19 U.S.C. 1554) § 123.42 Truck shipments transiting the United States.

(a) Procedure at U.S. port of arrival(1) Combined inward foreign and intransit manifest. Trucks with merchandise transiting the United States from point to point in Canada shall present a combined inward foreign and in-transit manifest on customs Form 7512-B, Canada 8-1/2, to the customs officer at the port of arrival. The customs officer shall note on the form over his initials the seal numbers or the waiver of sealing, retain the original, and return three copies with the related customs Form 7512-C (duplicate) to the person in charge of the carrier to accompany the shipment for presentation and certification at the port of exit.

(2) Sealing or waiver of sealing. Trucks transiting the United States shall be sealed with red in-bond seals at the U.S. port of arrival unless sealing is waived in accordance with § 18.4 of this chapter. If a truck cannot be sealed effectively and sealing is deemed necessary to protect the revenue or to prevent violation of the customs laws or regulations, the truck shall not be permitted to transit the United States under bond.

(b) Procedure at U.S. port of exit. The driver shall present the returned copies of the manifest and the related customs Form 7512-C (duplicate) to the customs officer at the U.S. port of exit. The customs officer shall check the numbers and condition of the seals and record and certify his findings on all copies of the manifest, returning two copies to the person in charge of the carrier. The check shall be made as follows:

(1) If the seals are intact, they shall be left unbroken unless there is indication that the contents should be verified.

(2) If the seals have been broken, or there is other indication that the contents should be verified, all merchandise shall be required to be unladen and a detailed inventory made against the waybills.

(3) If sealing has been waived, the customs officer shall verify the goods against

the accompanying waybills in sufficient detail to detect any irregularity.

(Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553) [T.D. 70-121, 35 F.R. 8215, May 26, 1970, as amended by T.D. 71–70, 36 F.R. 4491, Mar. 6, 1971]

Subpart F-Commercial Traveler's Samples in Transit Through the United States or Canada

§ 123.51

Commercial samples transported by automobile through Canada between ports in the United States.

(a) General provisions. A commercial traveler arriving at a U.S. frontier port desiring to transport his commercial samples by automobile through Canada to another place in the United States without displaying the samples in Canada may request a U.S. customs officer at the port of departure to cord and seal the outer containers of the samples if they can be effectively corded and sealed.

(b) List of samples. The traveler shall furnish the U.S. customs officer at the port of exit a list, in duplicate, of all the articles in the containers, with their approximate values, in substantially the following form:

SAMPLES CARRIED IN TRANSIT THROUGH CANADA IN PRIVATE VEHICLE

cer will cord and seal the containers with yellow in-transit seals. The traveler may be required to assist the customs officer in the cording and sealing. The original of the list, signed by the customs officer over his title and showing that the articles on the list have been checked by the officer against those in the containers shall be returned to the traveler for submission by him to Canadian customs upon his arrival in Canada.

(d) In-transit manifest. The traveler shall execute and file customs Form 7533-B, in the original only, at the U.S. port of departure, as an in-transit manifest covering the movement of the samples to the U.S. port through which the traveler will return. Descriptions, quantities, and values may be shown thereon by noting "Commercial Samples" and the number of corded and sealed containers. The manifest shall be returned to the traveler to accompany the samples after being signed and dated by the customs officer.

(e) Presentation of in-transit manifest at U.S. port of reentry. Upon return to the United States, the traveler shall present customs Form 7533-B and the corded and sealed samples to the U.S. customs officer at the port where the samples are returned to this country. The customs officer shall verify that there has been no irregularity.

(Sec. 554, 46 Stat. 743; 19 U.S.C. 1554)

§ 123.52 Commercial samples transported by automobile through the United States between ports in Canada.

(a) General provisions. A commercial traveler arriving from Canada may be permitted to transport effectively corded and sealed samples in his automobile without further sealing in the United States, upon compliance with this section and subject to the conditions of § 18.20 (b), since customs bonded carriers as described in § 18.1 of this chapter are not considered to be reasonably available. Samples having a total value of not more than $200 may be carried by a nonresident commercial traveler through the United States without cording and sealing and without an in-transit manifest in accordance with § 10.18(d) of this chapter.

(b) Presentation of sample list at Canadian port of exit. A commercial traveler arriving from Canada desiring to transport without display in the United

States commercial samples in his automobile through the United States to another port in Canada, may present his samples to a Canadian customs officer at the Canadian port of exit. The traveler will be required to furnish the Canadian customs officer a list in duplicate of all articles presented showing their approximate values. The list shall bear the traveler's name and address, and the name and address of the firm represented.

(c) Checking, cording, and sealing by Canadian customs officers. The Canadian customs officer will examine the articles, identify them with the list, and satisfy himself that the values shown are approximately correct. The Canadian customs officer will cord and seal the outer containers with uncolored in-transit seals and authenticate the list of samples with his signature and title. Cording and sealing may be waived with the concurrence of United States and Canadian customs officers.

(d) Treatment at U.S. port of arrival. The list of samples properly authenticated shall be submitted upon arrival to the U.S. customs officer at the port of arrival. After ascertaining that the samples are effectively corded and sealed, or that sealing has been waived, notation of the number of corded and sealed containers, or of the waiver shall be made on the list of samples and the list shall be retained by the customs officer as a record of the shipment.

(e) In-transit manifest. Movement of the samples from the port of arrival to the port of exit from the United States under this procedure shall be under an in-transit manifest on customs Form 7520 executed and filed in triplicate by the traveler at the port of arrival in the United States. Descriptions, quantities, and values may be shown thereon by noting "Commercial Samples," the number of corded and sealed containers, and the approximate total value of the samples. When cording and sealing has been waived with the concurrence of a Canadian customs officer, samples must be identified on the manifest by suitable itemized descriptions and approximate values, or by attaching to the manifest a copy of the list of samples which has been initialed by the customs officer.

(f) Presentation of samples and manifest at U.S. port of exit. The manifest on customs Form 7520 shall be presented to the customs officer at the U.S. port of

compartment.

(b) Inspection of baggage. Customs officers shall not open baggage for the purpose of making the inspection required by section 461. Tariff Act of 1930 (19 U.S.C. 1461), but shall detain such baggage until its owner or his agent opens or refuses to open it. If the owner or his agent refuses to open the baggage, it shall be opened and examined in accordance with the provisions of section 462, Tariff Act of 1930 (19 U.S.C. 1462), unless a request is received from the owner or his agent to make other proper disposition thereof.

(Sec. 461, 462, 46 Stat. 717, 718; 19 U.S.C. 1461, 1462)

§ 123.64 Baggage in transit through the United States between ports in Canada or in Mexico.

(a) Procedure. Baggage in transit from point to point in Canada or Mexico through the United States may be transported in bond through the United States in accordance with the procedures set forth in §§ 18.13, 18.14, and 18.20-18.24 of this chapter except where those procedures are modified by this section.

(b) In-transit manifest. Three copies of the manifest on customs Form 7520

shall be required. One copy of the Form 7520 and related customs Form 7512-C (duplicate) shall be delivered to the person in charge of the carrier to accompany the baggage and shall be delivered by the carrier to the customs officer at stamped "Not Taken on Charge" (see the port of departure from the United States.

(c) Consolidated train manifest. When the route is such that a train carrying baggage in bond will remain intact while proceeding through the United States, a consolidated train manifest containing the same information as is required on individual manifests may be used in lieu of individual manifest on customs Form 7520.

(d) Baggage cards—(1) Baggage arriving from Mexico. For baggage arriving at a port on the Mexican border for in-transit movement through the United States in bond and return to Mexico, the in-transit baggage card described in § 18.14 of this chapter shall be used.

(2) Baggage arriving from Canada. For baggage arriving at a port on the Canadian border for in-transit movement through the United States in bond and return to Canada, the joint United States-Canada in-transit baggage card, customs Form 7524, Canada A-21, shall be used. The baggage card will be filled out and securely attached to the baggage and the attachment verified by a Canadian customs officer before the baggage leaves Canada. If the joint in-transit baggage card is found to be improperly prepared or attached upon arrival of the baggage in the United States for movement in bond, the carrier may be required to furnish the baggage card described in § 18.14 of this chapter for attachment to the baggage before being allowed to proceed. At the port of exit from the United States the joint intransit baggage card shall be allowed to remain on the baggage.

(Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. 1553) [T.D. 70-121, 35 F.R. 8215, May 26, 1970, as amended by T.D. 71-70, 36 F.R. 4491, Mar. 6, 1971]

§ 123.65 Domestic baggage transiting Canada or Mexico between ports in the United States.

(a) General provision. Upon request of the carrier, checked baggage of domestic origin may be transported from one port in the United States to another through Canada or through Mexcio in accord with the procedure set forth in

this section. The provisions of this section shall not apply to domestic hand baggage crossing Canada or Mexico which, upon reentry into the United States, shall be examined in the same manner as baggage of foreign origin.

(b) Special in-transit tag manifest. The carrier shall complete and attach to each piece of baggage by wire or cord under customs supervision a special intransit tag manifest furnished by the carrier as follows:

(1) Baggage transiting Mexico. For baggage of domestic origin to be transported through Mexico between ports of the United States, the special in-transit tag manifest attached to each piece of baggage shall be on white cardboard not less than 21⁄2 x 41⁄2 inches in size printed in substantially the following form: UNITED STATES CUSTOMS

IN-TRANSIT BAGGAGE MANIFEST

Carrier's Baggageman: Destroy this tag if owner has access to baggage before its return to United States.

(2) Baggage transiting Canada. For baggage of domestic origin to be transported through Canada between ports in the United States, the joint United States-Canada in-transit baggage card, customs Form 7524, Canada A-21, shall be used as the special in-trnasit tag manifest attached to each piece of baggage.

(c) Removal of special in-transit tag manifest. The special in-transit tag manifest shall be removed only by the customs officers at the final port of reentry into the United States. If the officer finds the special in-transit tag manifest missing or not intact, or for any other reason believes that the baggage has been tampered with while outside the United States, he shall detain it for examination. Otherwise, baggage transported under the procedure in this section may be passed without examination.

(d) Procedure in lieu of special intransit tag manifest. In lieu of attaching the special in-transit tag manifest to

each piece of baggage as set forth in paragraph (b) of this section, baggage of domestic origin may be forwarded in a car or compartment sealed with intransit seals and manifested as in the case of other merchandise in transit through Canada or Mexico, as provided in Subpart C of this part. Subpart H-Miscellaneous Provisions § 123.71 Merchandise found in building on the boundary.

When any merchandise on which the duty has not been paid or which was imported contrary to law is found in any building upon or within 10 feet of the boundary line between the United States and Canada or Mexico, such merchandise shall be seized and a report of the facts shall be made to the Commissioner. With his approval the building or that portion thereof which is within the United States shall be taken down or removed. The provisions of § 23.11 of this chapter shall be applicable to the search of any such building.

(Sec. 595, 46 Stat. 752; 19 U.S.C. 1595)

$123.72

Treatment of stolen vehicles returned from Mexico.

District directors shall admit without entry and payment of duty allegedly stolen or embezzled vehicles, trailers, airplanes, or component parts of any of them, under the provision of Executive Order 7965, dated August 29, 1938 (T.D. 49851), if accompanied by a letter from the U.S. Embassy in Mexico City containing:

(a) A statement that the Embassy is satisfied from information furnished it that the property is stolen property being returned to the United States under the provisions of the convention between the United States and Mexico concluded October 6, 1936, and

(b) An adequate description of the property for identification purposes.

Subpart E-Removal of Merchandise From a Zone 146.41 Direct exportation from a zone. 146.42 Supplies, equipment, and repair material for vessels or aircraft. 146.43 Transfer of merchandise from one zone to another.

146.44 Transfer of privileged domestic merchandise into Customs territory. 146.45 Transfer of privileged foreign merchandise into Customs territory. 146.46 Transfer of products of manipulation or manufacture of privileged merchandise into Customs territory. 146.47 Transfer of zone-restricted merchandise into Customs territory. 146.48 Treatment of merchandise not elsewhere provided for in this subpart. AUTHORITY: The provisions of this Part 146 issued under R.S. 251, secs. 1-21, 48 Stat. 998, 999, as amended, 1000, 1002, as amended, 1003, 77A Stat. 14, sec. 624, 46 Stat. 759; 19 U.S.C. 66, 81a-81u, 1202 (Gen. Hdnote 11), 1624.

SOURCE: The provisions of this Part 146 contained in T.D. 70-134, 35 F.R. 9262, June 13, 1970, unless otherwise noted.

§ 146.0 Scope.

Foreign-trade zones are established under the Foreign-Trade Zones Act and the general regulations and rules of procedure of the Foreign-Trade Zones Board contained in 15 CFR Part 400. This Part 146 of the Customs Regulations governs the admission of merchandise into a foreign-trade zone, manipulation, manufacture, or exhibition in a zone; exportation of the merchandise