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CHAPTER IV

CUSTOMS RELATIONS WITH CONTIGUOUS FOREIGN TERRITORY

AND RETURNED

GENERAL REQUIREMENTS

MERCHANDISE IN TRANSIT BETWEEN Art.

PORTS OF CANADA THROUGH THE 217. Definition of vehicle.

UNITED STATES, AND BETWEEN PORTS 218. Imports from contiguous coun- IN MEXICO THROUGH THE UNITED tries Report-Manifests.

STATES 219. Certification of manifest-Falsity ABT.

or lack of manifest-Penalty. 236. Procedure. 220. Departure before report or entry- Penalty.

GRAIN FROM CANADA TO BE GROUND 221. Inspection-Penalty. 222. Examination of baggage in foreign 237. When exempt from duty. territory.

238. Deposit of duties--Refunds. 223. Domestic baggage through con

239. Citizenship — Accounts — Sworn tiguous foreign territory.

statements. 224. Weekly invoices for installment

240. Exportation-Mixing. shipments. 225. Supplies--Report of-Penalty.

BUILDINGS ON BOUNDARY 226. Supplies not to be used in United States.

241. Merchandise deposited therein227. Railway equipment imported for

Penalty-Search of - Procedure temporary use Bond.

AIR COMMERCE 228. Locomotives Railroad equipment- When entry required.

242. Regulation and supervision. 229. Immediate transportation without 243. Definitions. appraisement.

244. Landing at airports of entry230. Bills of lading, shipping receipts,

Requirement.
etc., used for entry at frontier 245. Advance notice of arrival.
ports.

246. Report of arrival-Manifest. 231. Immigrants' teams—Affidavit, 247. Forced landing-Report of. Use.

248. Immigration and public health re

quirements. MERCHANDISE TRANSIT BETWEEN

249. Inspection-Payment of dutyPORTS IN THE UNITED STATES THROUGH

Forwarding in bond. CONTIGUOUS FOREIGN TERRITORY

250. Foreign aircraft-Permit to pro

ceed inland. 232. Regulations authorized.

251. Fuel, stores, and equipment. 233. Procedure at port of exit.

252. Clearance When required 234. Procedure at port of reentry.

What constitutes-Procedure. 235. Transshipment-Shipments by 253. General provisions. rail and water-Storage

254. Penalties.

IN

GENERAL REQUIREMENTS

Art. 217. Definition of vehicle.-Tariff act of 1930, section 401 (b):

The word "vehicle" includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft.

120950°-32- -12

167

Art. 218. Imports from contiguous countries—ReportManifests.-(a) Tariff act of 1930, section 459:

The master of any vessel of less than 5 net tons carrying merchandise and the person in charge of any vehicle arriving in the United States from contiguous country, shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which such vessel or vehicle shall cross the boundary line or shall enter the territorial waters of the United States, and if such vessel or vehicle have on board any merchandise, shall produce to such customs officer a manifest as required by law, and no such vessel or vehicle shall proceed farther inland nor shall discharge or land any merchandise, passengers, or baggage without receiving a permit therefor from such customs officer. The master of any such vessel, or the person in charge of any such vehicle who fails to report arrival in the United States as required by the provisions of this section shall be subject to a fine of $100 for each offense. If any merchandise or baggage is unladen or discharged from any such vessel or vehicle without a permit therefor, the same, together with he vessel or vehicle in which imported, shall be subject to forfeiture; and if any passenger is unladen or discharged from any such yessel or vehicle without a permit therefor, the master of such vessel or the person in charge of such vehicle shall be liable to a penalty of $500 for each such passenger so unladen or discharged.

(6) Tariff act of 1930, section 460:

If any merchandise is imported or brought into the United States in any vessel or vehicle from a contiguous country without being so reported to the collector, or in case of the neglect or failure of the master of the vessel or the person in charge of the vehicle to file a manifest therefor, such merchandise and the vessel or vehicle shall be subject to forfeiture and the master of such vessel or the person in charge of such vehicle shall be liable to a penalty equal to the value of the merchandise imported in such vessel or vehicle which was not reported to the collector or included in the manifest.

(c) The manifest shall be in duplicate on customs Form 7533. One copy shall be immediately forwarded to the comptroller. Customs Form 5119 may be used when the value of the merchandise does not exceed $100.

Art. 219. Certification of manifest—Falsity or lack of manifest—Penalty.-(a) Tariff act of 1930, section 583:

The master of every vessel and the person in charge of every vehicle bound to a port or place in the United States shall deliver to the officer of the customs or Coast Guard who shall first demand it of him, the original and one copy of the manifest of such vessel or vehicle, and such officer shall certify on the back of the original manifest to the inspection thereof and return the same to the master or other person in charge.

(6) Tariff act of 1930, section 584:

Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the mani. fest to the officer demanding the same shall be liable to a penalty of $500, and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel or vehicle which is not included or described in said manifest or does not agree therewith, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle shall be liable to a penalty equal to the value of the merchandise so found or unladen, and any such merchandise belonging or consigned to the master or other officer or to any of the crew of such vessel, or to the owner or person in charge of such vehicle, shall be subject to forfeiture, and if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other persons in charge or the owner of such vessel or vehicle shall be subject to a penalty of $500: Provided, That if the collector shall be satisfied that the manifest was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred.

If any of such merchandise so found consists of smoking opium or opium prepared for smoking, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle shall be liable to a penalty of $25 for each ounce thereof 80 found. Such penalty shall, notwithstanding the proviso in section 594 of this Act (relating to the immunity of vessels or vehicles used as common carriers), constitute a lien upon such vessel which may be enforced by a libel in rem; except that the master or owner of a vessel used by any person as a common carrier in the transaction of business as such common carrier shall not be liable to such penalty and the vessel shall not be held subject to the lien, if it appears to the satisfaction of the court that neither the master nor any of the officers (including licensed and unlicensed officers and petty officers) nor the owner of the vessel knew, and could not, by the exercise of the highest degree of care and diligence, have known, that such smoking opium or opium prepared for smoking was on board. Clearance of any such vessel may be withheld until such penalty is paid or until a bond, satisfactory to the collector, is given for the payment thereof. The provisions of this paragraph shall not prevent the forfeiture of any such vessel or vehicle under any other provision of law.

Art. 220. Departure before report or entry-PenaltyTariff act of 1930, section 585:

If any vessel or vehicle from a foreign port or place arrives within the limits of any collection district and departs or attempts to depart, except from stress of weather or other necessity, without making a report or entry under the provisions of this Act, or if any merchandise is unladen therefrom before such report or entry, the master of such vessel shall be liable to a penalty of $5,000, and the person in charge of such vehicle shall be liable to a penalty of $500, and any such vessel or vehicle shall be subject to forfeiture, and any customs or Coast Guard officer may cause such vessel or vehicle to be arrested and brought back to the most convenient port of the United States.

Art. 221. Inspection—Penalty.-(a) Tariff act of 1930, section 461:

All merchandise and baggage imported or brought in from any contiguous country, except as otherwise provided by law or by regulations of the Secretary of the Treasury, shall be unladen in the presence of and be inspected by a customs officer at the first port of entry at which the same shall arrive; and such officer may require the owner, or his agent, or other person having charge or possession of any trunk, traveling bag, sack, valise, or other container, or of any closed vehicle, to open the same for inspection, or to furnish a key or other means for opening the same.

(6) Customs officers shall not open baggage for the purpose of examining the contents. All baggage which is not opened by the owner or his agent should be detained until so opened, or a request is received from the owner or his agent to make other proper disposition thereof, except as provided in the following paragraph.

T. Ds. 30497, 34804.

(c) Tariff act of 1930, section 462:

If such owner, agent, or other person shall fail to comply with his demand, the officer shall retain such trunk, traveling bag, sack, valise, or other container or closed vehicle, and open the same, and, As soon thereafter as may be practicable, examine the contents, and if any article subject to duty or any article the importation of which is prohibited is found therein, the whole contents and the container or vehicle shall be subject to forfeiture.

(d) For procedure relative to the examination of uninspected baggage, form of declaration, exemptions and forwarding baggage in bond, see “Passengers' baggage," Chapter VIII.

Art. 222. Examination of baggage in foreign territory.(a) United States customs officers stationed in foreign territory for that purpose, may examine checked baggage of persons destined to the United States who have made proper declaration therefor (see Chap. VIII), when requested to do so by such persons, and place the same in the custody of the carrier under United States customs cords and blue button seals, with a special manifest on white cardboard 242 by 442 inches in size, in the following form, attached to each piece on the cord back of the seal:

UNITED STATES CUSTOMS

BPECIAL MANIFEST
Check No.
This baggage is in transit from

to
in the United States.
This baggage has been carefully examined and passed by me and
corded, sealed, and laden under my personal supervision, and there
are no goods of any kind subject to duty contained therein except
that on which proper exemption has been allowed.
Date

U. S. Customs Officer. (6) In lieu of cording and sealing, such baggage may be laden in cars or compartments sealed with United States customs in transit blue Tyden seals, accompanied by a sheet manifest in duplicate in the following form:

UNITED STATES CUSTOMS

SPECIAL MANIFEST OF BAGGAGE FORWARDED IN SEALED CAR OR

COMPARTMENT This baggage is in transit from

to
in the United States.
Car No.

Check
No.

Destination

Check
No.

Destination

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