tract executed before July 5, 1960, if the work of rebuilding commenced not later than 24 months after such date.

(e) No foreign-built vessel owned and documented as a vessel of the United States prior to February 1, 1920, by a citizen nor one owned by the United States on June 5, 1920, and sold to and owned by a citizen, shall engage in the American fisheries, but it is otherwise unlimited as to trade so long as it continues in such ownership (section 22, Merchant Marine Act, of June 5, 1920; 46 U.S.C. 13). No foreign-built vessel which is owned by a citizen, but which was not so owned and documented on February 1, 1920, or which was not owned by the United States on June 5, 1920, shall engage in the coastwise trade or the American fisheries. No foreign-built vessel which has been sold, leased, or chartered by the Secretary of Commerce to any citizen, shall engage in the American fisheries, but it is otherwise unlimited as to trade so long as it continues in such ownership, lease, or charter (section 9 of the Act of Sept. 7, 1916, as amended, 46 U.S.C. 808). A vessel engaged in taking out fishing parties for hire, unless it intends to proceed to a foreign port, is considered to be engaged in the coastwise trade and not the fisheries.

(f) Certain vessels not documented under the laws of the United States which are acquired by or made available to the Secretary of Commerce may be documented under section 3 of the Act of August 9, 1954 (50 U.S.C. 198). Such vessels shall not engage in the coastwise trade unless in possession of a valid unexpired permit to engage in that trade issued by the Secretary of Commerce under authority of section 3 (c) of the said Act.

(g) All vessels not exempt from documentation and engaged in trade between ports in the United States or engaged in the fisheries, if not registered, shall be enrolled and licensed, or licensed, or will be liable to a penalty of $30 on every arrival, unless the vessel has not been within the United States since the expiration of its document.

(R.S. 4132, as amended, sec. 22, 41 Stat. 997, R.S. 4214, as amended, R.S. 4311, as amended secs. 7, 8, 24 Stat. 81, as amended, sec. 2, 39 Stat. 729, sec. 9, 39 Stat. 730, as amended, sec. 27, 41 Stat. 999, as amended, 72 Stat. 1736; 46 U.S.C. 11, 13, 103, 251, 289, 319, 802, 808, 883, 883-1) [T.D. 69-266, 34 F.R. 20422, Dec. 31, 1969]

§ 4.80a Passengers on foreign vessels taken on board and landed in the United States.

(a) A foreign vessel which takes a passenger on board at a port in the United States, its territories, or possessions embraced within the coastwise laws ("coastwise port") will be deemed to have landed that passenger in violation of the coastwise laws (46 U.S.C. 289) if:

(1) The passenger goes ashore, even temporarily, at another coastwise port on a voyage solely to one or more coastwise ports, regardless of whether the passenger ultimately severs his connection with the voyage at the port at which he embarked;

(2) The passenger goes ashore, even temporarily, at another coastwise port on a voyage to one or more coastwise ports but touching at a nearby foreign port or ports (but at no other foreign port) if during the course of the voyage the vessel remains in the coastwise port (not including the port of embarkation) for more than 24 hours, without regard to whether the passenger ultimately severs his connection with the vessel at the port at which he embarked. This period may be extended by the district director of customs concerned to 96 hours or by the Commissioner of Customs for a longer period if the district director or the Commissioner is satisfied that the vessel will be unable to depart within the permitted period for reasons connected with the loading or unloading of cargo or the safety or safe navigation of the vessel.

(3) The passenger severs his connection with the voyage at another coastwise port on a voyage which touches no foreign port other than a nearby foreign port; or

(4) The passenger goes ashore at any port other than the port at which he embarked if coastwise transportation is the primary object of the voyage.

(b) In the absence of evidence that coastwise transportation is the primary object, a foreign vessel engaged on a voyage touching or originating at any foreign port other than a nearby foreign port shall not be deemed to be engaged in the coastwise trade and may, without penalty, disembark a passenger at any coastwise port: Provided, That that passenger has proceeded or will proceed with the vessel to a foreign port other than a nearby foreign port.

(c) For the purposes of this section a nearby foreign port is defined as any foreign port in North America, Central America, the West Indies (including the Bahama Islands), or the Bermuda Islands. A port in the Virgin Islands shall be treated as a nearby foreign port for the purposes of this section. (Sec. 8, 24 Stat. 81, as amended; 46 U.S.C. 289.)

[T.D. 68-285, 33 F.R. 16558, Nov. 14, 1968, as amended by T.D. 69-166, 34 F.R. 12028, July 17, 1969; T.D. 70-28, 35 F.R. 881, Jan. 22, 1970]

$ 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 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 of the regulations of this part, nor to obtain a clearance, permit to proceed, or permission to depart when going from one port in the United States to any other such port except when transporting merchandise to a port in noncontiguous territory."

(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) [Reserved]

(d) The traveling Crew's Effects Declaration, Customs Form 1304, or Customs and Immigration Form I-418 with attached Customs Form 5129, referred to in § 4.85 (b), (c), and (e) shall be deposited with the district director upon arrival at each port in the United States and finally surrendered to the boarding officer or district director at the port where the vessel first departs directly for a foreign port.

(e) Before any foreign vessel shall depart in ballast, or solely with articles to be transported in accordance with § 4.93, from any port in the United States for any other such port, the master shall apply to the district director for a permit to proceed by filing a General Declaration, Customs Form 1301, in duplicate. Articles to be transported in accordance with § 4.93 shall be manifested on an

111 See § 4.84.

inward foreign manifest, Customs Form 7527-B, as required by § 4.93 (c). Although the title of the form is Inward Foreign Manifest, it will be considered a coastwise manifest when used in accordance with the preceding sentence. Three copies of the manifest in such case shall be filed with the district director. The required oath shall be executed on Customs Form 1300 (see § 4.63 (e)). When the district director grants the permit by making an appropriate endorsement on the General Declaration, Customs Form 1301 (see § 4.85 (b)), the duplicate copy, together with two copies of any coastwise manifest, Customs Form 7527-B covering articles to be transported in accordance with § 4.93, shall be returned to the master. The traveling Crew's Effects Declaration and all unused crewmembers' declarations on Customs Form 5123 or 5129 shall be placed in a sealed envelope addressed to the Customs boarding officer at the next intended domestic port and returned to the master for delivery. The master shall execute a receipt for all unused crewmembers' declarations which are returned to him. Within 24 hours after arrival at the next U.S. port the master shall report his arrival to the district director. He shall make entry within 48 hours by filing with the district director the permit to proceed on Customs Form 1301 received at the previous port, a newly executed General Declaration, a Crew's Effects Declaration of all unentered articles acquired abroad by crewmembers which are still on board, a Ship's Stores Declaration in duplicate of the stores remaining on board, both copies of the coastwise manifest covering articles transported in accordance with § 4.93, and the document of the vessel. The required oath shall be executed on Customs Form 1300 (see § 4.63 (e)). The traveling Crew's Effects Declaration and all unused crewmembers' declarations on Customs Form 5123 or 5129 returned at the prior port to the master shall be delivered by him to the boarding officer.

(f) The master, licensed deck officer, or purser who enters or clears a vessel, or who obtains permission for a vessel to depart, when required under the provisions of this section or of §§ 4.82, 4.84, 4.85, 4.87, 4.89, or 4.91 of the regulations of this part, may appear in person at the customhouse for that purpose, or any required oaths, related documents, and other papers properly executed by the master or other proper officer may be

delivered at the customhouse by the vessel agent or other personal representative of the master.

(R. S. 4132, as amended, 4311, as amended, 4367, 4368, sec. 27, 41 Stat. 999, as amended, secs. 433, 439, 442, 443, 444, 486, 46 Stat. 711, as amended, 712, as amended, 713, 725, as amended; 19 U. S. C. 1433, 1439, 1442, 1443, 1444, 1468, 46 U. S. C. 11, 251, 313, 314, 883) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 68-302, 33 F.R. 18436, Dec. 12, 1968; T.D. 71-169, 36 F.R. 12604, July 2, 1971] § 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 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

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 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)

66-033-72—5

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 of the coastwise cargo, shall be treated as imported merchandise."

113

(R.S. 2793, as amended, 3126, 3127, 4318, as amended; 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) If 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 is intended to touch at any foreign port and does so touch, it will be subject to the usual requirements for manifesting, clearing, report of arrival, entry, payment of fees for entry and clearance, and tonnage taxes. Vessels which are boarded on the St. Lawrence River by Canadian authorities for the purposes of inspecting the vessel and taking a passing report are not deemed to have touched at a foreign port, pro

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)

vided that no ship's stores are landed or taken aboard and no other business is transacted at the port or place of boarding.

(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 subject to the requirements for clearance, report of arrival, or entry. (R.S. 4197, as amended, R.S. 2793, as amended, R.S. 4318, as amended; 46 U.S.C. 91, 111, 123, 258) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 69-266, 34 F.R. 20423, Dec. 31, 1969]

§ 4.84 Trade with noncontiguous territory.

(a) No foreign vessel shall depart from a port in noncontiguous territory of the United States for any other port in noncontiguous territory or for any port in any State or the District of Columbia, nor from any port in any State or the District of Columbia for any port in noncontiguous territory, until a clearance for the vessel has been granted. Such a clearance shall be granted in accordance with the applicable provisions of § 4.61 of the regulations of this part, 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) (4), (5), or (6) of the regulations of this part. In the latter case, clearance shall be granted only on customs Form 1301; see § 4.90(b) of the regulations of this part. When merchandise is laden on a foreign vessel in noncontiguous territory other than Puerto Rico, for transportation on that vessel to a port in any State, the District of Columbia, or noncontiguous territory, and when this transportation is not forbidden by the coastwise laws, the merchandise may be laden and shipped without shipper's export declarations.

(b) The master of every foreign vessel arriving at a port in any State or the District of Columbia or in noncontiguous territory of the United States from a port in noncontiguous territory to which the coastwise laws do not apply (e.g., Virgin Islands and American

Samoa), or arriving at any port in noncontiguous territory to which the coastwise laws do not apply from any place 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) No vessel which is not required to clear but which is transporting merchandise from a port in any State or the District of Columbia to any noncontiguous territory of the United States (including Puerto Rico), or from Puerto Rico to any State or the District of Columbia or any other noncontiguous territory, shall be permitted to depart without filing a complete manifest, when required by regulations of the Bureau of the Census (15 CFR Part 30), and all required shipper's export declarations, unless before the vessel departs an approved bond is filed for the timely production of the required documents, as specified in § 30.24 of those regulations (15 CFR 30.24). The oath on the outward manifest required upon a clearance is not required to be taken to obtain permission to depart.

(d) Upon arrival of a vessel of the United States at a port in any State, the District of Columbia, or Puerto Rico from a port in noncontiguous territory other than Puerto Rico, the master 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 of the regulations of this part but shall not be required to make entry. If the vessel proceeds directly to another port in any State, the District of Columbia, or Puerto Rico, the master shall prepare, produce, and file manifests in the form and manner and at the times specified in § 4.85 of the regulations of this part but no permit to proceed shall be required for the purposes of this paragraph. 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 specified in § 4.30 of the regulations of this part.

(e) No vessel shall bring guano to the United States from a guano island appertaining to the United States (see 48 U.S.C. 1411) unless such a vessel is entitled to engage in the coastwide trade.

(f) No vessel owned by a corporation which qualifies as a citizen under the Act of September 2, 1958 (46 U.S.C. 8831) shall, while under demise or bareboat charter from such corporation, be

granted clearance or permitted to depart in trade with noncontiguous territory or with the Canal Zone.

(Secs. 433, 435, 437, 46 Stat. 711, R.S. 4197, as amended, 4367, 4368, 27A, 72 Stat. 1736; 19 U.S.C. 1433, 1435, 1437, 46 U.S.C. 91, 313, 314, 883-1) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 69-266, 34 F.R. 20423, Dec. 31, 1969: T.D. 71-169, 36 F.R. 12604, July 2, 1971]

§ 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, provided a vessel bond (Customs Form 7567 or 7569) in a suitable amount is on file with the district director at the port of first entry.115 No additional bond shall be required at subsequent ports of entry. Before the vessel departs from the port of first arrival, the master shall obtain from the district director a certified copy of the complete inward foreign manifest (hereinafter referred to as the traveling manifest).11 The certified copy shall have a legend similar to the following endorsed on the General Declaration, Customs Form 1301:

116

Signature and title

The duplicate shall be attached to the traveling manifest and the triplicate (the permit to proceed to be delivered at the next port) shall be returned to the master, together with the traveling manifest and the vessel's document, if on deposit. If no inward foreign cargo or passengers are to be discharged at the next port, that fact shall be indicated on Customs Form 1301 by inserting "To load only" in parentheses after the name of the port to which the vessel is to proceed. The traveling Crew's Effects Declaration covering articles acquired abroad by officers and members of the crew, together with the unused crewmembers' declarations prepared for such articles, shall be placed in a sealed envelope addressed to the Customs boarding officer at the next port and given to the master for delivery.

(c) Upon the arrival of a vessel at the next and each succeeding domestic port with inward foreign cargo or passengers still on board, the master shall report arrival and make entry within 24 hours. To make such entry, he shall deliver to the district director the vessel's document, the permit to proceed, the travel

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 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)