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19 CFR Ch. I (4–1–02 Edition) § 4.76

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19 CFR Ch. I (4–1–02 Edition) § 4.76 § 4.76 19 CFR Ch. I (4–1–02 Edition) in item 17 of the Vessel Entrance or Automated Export System (AES) (see, Clearance Statement form must be part 192, subpart B, of this chapter) checked. that allows for the filing of outbound (b) Time in which to file complete mani- vessel manifest information electroni- fest and export declarations. Not later cally (see, 15 CFR part 30). All sea car- than the fourth business day after riers are eligible to apply for participa- clearance from each port in the vessel’s tion in the Sea Carrier’s Module. Appli- itinerary, the master, or the vessel’s cation and certification procedures for agent on behalf of the master, shall de- AES are found at 15 CFR 30.60. A sea liver to the director of each port a carrier certified to use the module that complete Cargo Declaration Outward adheres to the procedures set forth in with Commercial Forms, Customs this section and the Census Regula- Form 1302–A, in accordance with § 4.63, tions (15 CFR part 30) concerning the of the cargo laden at such port to- electronic submission of an outbound gether with duplicate copies of all re- vessel manifest information meets the quired shipper’s export declarations for outward cargo declaration filing re- such cargo and a Vessel Entrance or Clearance Statement, Customs Form quirements (CF 1302–A) of §§ 4.63 and 1300. The statutory grace period of 4 4.75, except as otherwise provided in days for filing the complete manifest §§ 4.75 and 4.84. and missing export declarations begins (b) Responsibilities. The performance to run on the first day (exclusive of requirements and operational stand- any day on which the customhouse is ards and procedures for electronic sub- not open for marine business) following mission of outbound vessel manifest in- the date on which clearance is granted. formation are detailed in the AES (c) Countries for which vessels may not Trade Interface Requirements hand- be cleared until complete manifests and book (available on the Customs inter- shipper’s export declarations are filed. To net web site (www.customs.gov)). Car- aid the Customs Service in the enforce- riers and their agents are responsible ment of export laws and regulations, for reporting accurate and timely in- no vessel shall be cleared for any port formation and for responding to all no- in the following countries until a com- tifications concerning the status of plete outward foreign manifest and all their transmissions and the detention required shipper’s export declarations and release of freight in accordance have been filed with the port director: with the procedures set forth in the Albania Laos AES Trade Interface Requirements Bulgaria Latvia handbook. Customs will send messages Cambodia Libya to participant carriers regarding the China, People’s Lithuania accuracy of their transmissions. AES Republic of Mongolian People’s participants are required to comply Cuba Republic with the recordkeeping requirements Czechoslovakia North Korea Estonia contained at § 30.66 of the Census Regu- German Democratic Polish People’s lations (15 CFR 30.66) and any other ap- Republic (Soviet Republic (Including plicable recordkeeping requirements. Zone of Germany Danzig) Where paper SEDs have been submitted Rumania and Soviet Zone by exporters prior to departure, partic- South Yemen sector of Berlin) ipant carriers will be responsible for Hungary Union of Soviet Iran Socialist Republics submitting those SEDs to Customs Iraq Viet Nam within four (4) business days after the departure of the vessel from each port, [T.D. 87–1, 52 FR 255, Jan. 5, 1987, as amended by T.D. 91–60, 56 FR 32085, July 15, 1991; T.D. unless a different time requirement is 00–22, 65 FR 16515, Mar. 29, 2000] specified by §§ 4.75 or 4.84. Upon written agreement with participant sea car- § 4.76 Procedures and responsibilities riers, Customs and Census can provide of carriers filing outbound vessel for an alternative to the location filing manifest information via the AES. requirement for paper SEDs set forth (a) The sea carrier’s module. The Sea in § 4.75(b) by which the participant Carrier’s Module is a component of the carriers are otherwise bound. 46 VerDate Mar<13>2002 12:40 Apr 10, 2002 Jkt 197056 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\197056T.XXX pfrm03 PsN: 197056T United States Customs Service, Treasury § 4.80 (c) Messages required to be filed within COASTWISE PROCEDURE the sea carrier’s module. Participant car- riers will be responsible for transmit- § 4.80 Vessels entitled to engage in ting and responding to the following coastwise trade. messages: (a) No vessel shall transport, either (1) Booking. Booking information directly or by way of a foreign port, identifies all the freight that is sched- any passenger or merchandise between uled for export. Booking information points in the United States embraced will be transmitted to Customs via within the coastwise laws, including AES for each shipment as far in ad- points within a harbor, or merchandise vance of departure as practical, but no for any part of the transportation be- later than seventy-two hours prior to tween such points, unless it is: departure for all information available (1) Owned by a citizen and is so docu- at that time. Bookings received within mented under the laws of the United seventy-two hours of departure will be States as to permit it to engage in the transmitted to Customs via AES as re- coastwise trade; ceived; (2) Owned by a citizen, is exempt from documentation, and is entitled to (2) Receipt of booking. When the car- or, except for its tonnage, would be en- rier receives the cargo or portion of the titled to be documented with a coast- cargo that was booked, the carrier will wise license or, where appropriate, a inform Customs so that Customs can Great Lakes license endorsement. determine if an examination of the (3) Owned by a partnership or asso- cargo is necessary. Customs will notify ciation in which at least a 75 percent the carrier of shipments designated for interest is owned by such a citizen, is examination. Customs will also notify exempt from documentation and is en- the carrier when the shipment des- titled to or, except for its tonnage, or ignated for inspection is released and citizenship of its owner, or both, would may be loaded on the vessel; be entitled to be documented for the (3) Departure. No later than the first coastwise trade. The term ‘‘citizen’’ for calendar day following the actual de- vessel documentation purposes, wheth- parture of the vessel, the carrier will er for an individual, partnership, or notify Customs of the date and time of corporation owner, is defined in 46 CFR departure; and 67.3. (4) Manifest. Within ten (10) calendar (b) Penalties for violating coastwise days after the departure of the vessel laws. (1) The penalty imposed for the il- from each port, the carrier will submit legal transportation of merchandise be- the manifest information to Customs tween coastwise points is forfeiture of via AES for each booking loaded on the the merchandise or, in the discretion of departed vessel. However, if the des- the port director, forfeiture of a mone- tination of the vessel is a foreign port tary amount up to the value of the listed in § 4.75(c), the carrier must merchandise to be recovered from the transmit complete manifest informa- consignor, seller, owner, importer, con- tion before vessel departure. Time re- signee, agent, or other person or per- quirements for transmission of com- sons so transporting or causing the plete manifest information for carriers merchandise to be transported (46 destined to Puerto Rico and U.S. pos- U.S.C. 883). sessions are the same as the require- (2) The penalty imposed for the un- ment for the submission of the com- lawful transportation of passengers be- plete manifest as found in § 4.84. tween coastwise points is $200 for each (d) All penalties and liquidated dam- passenger so transported and landed (46 ages that apply to the submission of U.S.C. 289). paper manifests (see, applicable provi- (c) Any vessel of the United States, sions in this part) apply to the elec- whether or not entitled under para- tronic submission of outbound vessel graph (a) of this section to engage in the coastwise trade, and any foreign manifest information through the Sea vessel may proceed between points in Carrier’s Module. the United States embraced within the [T.D. 99–57, 64 FR 40986, July 28, 1999] coastwise laws to discharge cargo or 47 VerDate Mar<13>2002 12:40 Apr 10, 2002 Jkt 197056 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\197056T.XXX pfrm03 PsN: 197056T.
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