[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR4.84]

[Page 60-61]
 
                        TITLE 19--CUSTOMS DUTIES
 
   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 
              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
 
PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents
 
Sec. 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 Sec. 4.61 of the regulations of this part, 
including clearance of a vessel simultaneously engaged in one or more of 
the transactions listed in Sec. 4.90(a)(4), (5), or (6) 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 immediately report its arrival and make entry for the vessel 
within 48 hours after its arrival.
    (c)(1) A 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 (excluding 
Puerto Rico), or from Puerto Rico to any State or the District of 
Columbia, or any other noncontiguous territory, shall not 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 15 CFR 30.24. Requests for permission to 
depart may be written or oral and permission to depart shall be granted 
orally by the appropriate Customs officer. However, if the request is to 
depart prior to the filing of the required manifest and export 
declarations, permission shall not be granted unless the appropriate 
bond is on file. In the latter case, the Customs officer shall keep a 
simplified record of the necessary information in order to assure that 
the manifest and export declarations are filed within the required time 
period. The Vessel Entrance or Clearance Statement, Customs Form 1300 
(see Sec. 4.63(a)), required at the time of clearance is not required 
to be taken to obtain permission to depart.
    (2) A vessel which is not required to clear but which is 
transporting merchandise from a port in any State or the District of 
Columbia to Puerto Rico shall file a complete manifest,

[[Page 61]]

when required by the regulations of the Bureau of the Census (15 CFR 
part 30), and all required Shipper's Export Declarations within one 
business day after arrival, as defined in Sec. 4.2(b) of this part, 
with the appropriate Customs officer in Puerto Rico. If the complete 
manifest and all required Shipper's Export Declarations are not filed 
with the appropriate Customs officer within that time frame, an 
appropriate bond shall be filed with the Customs officer for the timely 
production of the required documents as specified in 15 CFR 30.24. In 
these instances when a bond is filed, the Customs officer shall keep a 
simplified record of the necessary information in order to ensure that 
the manifest and export declarations are filed not later than the 
seventh business day after arrival in Puerto Rico.
    (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 
immediately report its arrival and shall prepare, produce, and file a 
Cargo Declaration in the form and manner and at the times specified in 
Sec. Sec. 4.7 and 4.9 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 a 
Cargo Declaration in the form and manner and at the times specified in 
Sec. 4.85 but no permit to proceed on the Vessel Entrance or Clearance 
Statement, Customs Form 1300, shall be required for the purposes of this 
paragraph. No cargo shall be unladen from any such vessel until Cargo 
Declarations have been filed and a permit to unlade has been issued in 
accordance with the procedure specified in Sec. 4.30.
    (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. 883-1) shall, while under 
demise or bareboat charter from such corporation, be granted clearance 
or permitted to depart in trade with noncon tiguous territory.

[28 FR 14596, Dec. 31, 1963, as amended by T.D. 69-266, 34 FR 20423, 
Dec. 31, 1969: T.D. 71-169, 36 FR 12604, July 2, 1971; T.D. 77-255, 42 
FR 56323, Oct. 25, 1977; T.D. 79-276, 44 FR 61956, Oct. 29, 1979; T.D. 
93-61, 58 FR 41425, Aug. 4, 1993; T.D. 93-96, 58 FR 67317, Dec. 21, 
1993; T.D. 00-22, 65 FR 16516, Mar. 29, 2000]