[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR4.15]



[Page 29]

 

                        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.  4.15  Fishing vessels touching and trading at foreign places.



    (a) Before any vessel documented with a fishery license endorsement 

shall touch and trade at a foreign port or place, the master shall 

obtain from the port director a permit on Customs Form 1379 to touch and 

trade.



When a fishing vessel departs from the United States and there is an 

intent to stop at a foreign port (1) to lade vessel equipment which was 

preordered, (2) to purchase and lade vessel equipment, or (3) to 

purchase and lade vessel equipment to replace existing vessel equipment, 

the master of the vessel must either clear for that foreign port or 

obtain a permit to touch and trade, whether or not the vessel will 

engage in fishing on that voyage. \28\ Purchases of such equipment, 

whether intended at the time of departure or not, are subject to 

declaration, entry, and payment of duty pursuant to section 466 of the 

Tariff Act of 1930, as amended (19 U.S.C. 1466). The duty may be 

remitted if it is established that the purchases resulted from stress of 

weather or other casualty.

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    \28\ If such a vessel puts into a foreign port or place and only 

obtains bunkers, stores, or supplies suitable for a fishing voyage, it 

is not considered to have touched and traded there. Fish nets and 

netting are considered vessel equipment and not vessel supplies.

    \29-61\ [Reserved]

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    (b) Upon the arrival of a documented vessel with a fishery 

endorsement which has put into a foreign port or place, the master shall 

report its arrival, make entry, and conform in all respects to the 

regulations applicable in the case of a vessel arriving from a foreign 

port.

    (c) If a vessel which has been granted a permit to touch and trade 

arrives at a port in the United States, whether or not the vessel has 

touched at a foreign port or place, such permit shall forthwith be 

surrendered to the port director.

    (d) No permit to touch and trade shall be issued to a vessel which 

does not have a Certificate of Documentation with a fishery license 

endorsement.



[28 FR 14596, Dec. 31, 1963, as amended by T.D. 77-28, 42 FR 3161, Jan. 

17, 1977; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 94-24, 59 FR 

13200, Mar. 21, 1994; T.D. 95-77, 60 FR 50010, Sept. 27, 1995]