Code of Federal Regulations · Section
§ 4.39 — Stores And Equipment Of Vessels And Crews' Effects; Unlading Or Lading And Retention On Board
19 C.F.R. § 4.39
(a) The provisions of § 4.30 relating to unlading under a permit on Customs Form 3171 are applicable to the unlading of articles, other than cargo or baggage, which have been laden on a vessel outside the Customs territory of the United States, regardless of the trade in which the vessel may be engaged at the time of unlading, except that such provisions do not apply to such articles which have already been entered.
(b) Any articles other than cargo or baggage landed for delivery for consumption in the United States shall be treated in the same manner as other imported articles. A notation as to the landing of such articles, together with the number of the entry made therefor, shall be made on the vessel's store list, but such notation shall not subject the articles to the requirement of being included in a post entry to the manifest.
(c) Bags or dunnage constituting equipment of a vessel may be landed temporarily and reladen on such vessel under Customs supervision without entry.
(d) Articles claimed to be sea or ships' stores which are in excess of the reasonable requirements of the vessel on which they are found shall be treated as cargo of such vessel.
(e) Under section 446, Tariff Act of 1930, port directors may permit narcotic drugs, except smoking opium, in reasonable quantities and properly listed as medical stores to remain on board vessels if satisfied that such drugs are adequately safeguarded and used only as medical supplies.
(f) Application for permission to transfer bunkers, stores or equipment as provided for in the proviso to section 446, Tariff Act of 1930, shall be made and the permit therefor granted on Customs Form 3171.
(g) Equipment of a vessel arriving either directly or indirectly from a foreign port or place, if in need of repairs in the United States, may be unladen from and reladen upon the same vessel under the procedures set forth in § 4.30 relating to the granting of permits and special licenses on Customs Form 3171 (CF 3171). Adequate protection of the revenue is insured under the appropriate International Carrier Bond during the period that equipment is temporarily landed for repairs (see § 113.64(b) of this chapter), and so resort to the procedures established for the temporary importation of merchandise under bond is unnecessary. Once equipment which has been unladen under the terms of a CF 3171 has been reladen on the same vessel, potential liability for that transaction existing under the bond will be extinguished.
Authorizing Statute
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Coastwise endorsement46 U.S.C. § 12112
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Report of arrival of vessels, vehicles, and aircraft19 U.S.C. § 1433
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Deposit of refuse in navigable waters generally33 U.S.C. § 407
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Vessels engaged in Great Lakes trade46 U.S.C. § 60308
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Transportation worker identification credentials46 U.S.C. § 70105
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Unlading at port of entry19 U.S.C. § 1449
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Lists of alien and citizen passengers arriving and departing8 U.S.C. § 1221
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Boarding arriving vessels before inspection46 U.S.C. § 60101
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Unlading19 U.S.C. § 1448
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Fees and charges for Government services and things of value31 U.S.C. § 9701
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Mode of recovery28 U.S.C. § 2461
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Waiver of navigation and vessel-inspection laws46 U.S.C. § 501
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Manifests19 U.S.C. § 1431
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Application46 U.S.C. § 10301
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Equipment and repairs of vessels19 U.S.C. § 1466
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Lading and unlading of merchandise or baggage; penalties19 U.S.C. § 1453
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Supplies and stores retained on board19 U.S.C. § 1446
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Documented vessels touching at foreign ports19 U.S.C. § 293
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Reciprocal privileges for recreational vessels46 U.S.C. § 60504
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Boarding vessels19 U.S.C. § 1581
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Payment of fees on departing vessel46 U.S.C. § 60107
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Regular tonnage taxes46 U.S.C. § 60301
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Entry under regulations19 U.S.C. § 1498
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Oil and hazardous substance liability33 U.S.C. § 1321
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Owners engaged primarily in manufacturing or mineral industry46 U.S.C. § 12118
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Rules and forms prescribed by Secretary19 U.S.C. § 66
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Exceptions to vessel entry and clearance requirements19 U.S.C. § 1441
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Automated Targeting System6 U.S.C. § 943
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Departmental regulations5 U.S.C. § 301
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Falsity or lack of manifest; penalties19 U.S.C. § 1584
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Repealed. Pub. L. 109–304, § 15(5), Oct. 6, 2006, 120 Stat. 1702]46 U.S.C. § 2108
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List or count of passengers46 U.S.C. § 3502
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Clearance of vessels46 U.S.C. § 60105
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Towing46 U.S.C. § 55111
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Documented vessels19 U.S.C. § 288
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Civil penalty procedures46 U.S.C. § 2107
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Place of entry and unlading19 U.S.C. § 1447
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Residue cargo19 U.S.C. § 1442
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Bills of health42 U.S.C. § 269
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Definitions46 U.S.C. § 12101
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Definitions8 U.S.C. § 1101