Page images
PDF
EPUB
[ocr errors]

air. However, for containerized cargo in (i) For in-transit shipments of domestic lift vans, cargo vans, or similar substan (United States) merchandise, “The mertial outer containers, the weight of such chandise described herein is of the containers should not be included in the growth, production or manufacture of gross weight of the commodities. II the United States;” and (ii) for ingross shipping weight information is not transit shipments of foreign merchanavailable for individual Schedule B items dise, “The merchandise described herein for the reason that commodities covered is of foreign origin." by more than one Schedule B number (q) Value. (1) In general, value shall are contained in the same shipping con be reported on the Shipper's Export Dectainer, approximate shipping weights, laration in accordance with the definiestimated as accurately as is practicable, tion at the top of the value column on the may be shown on the Shipper's Export regular Shipper's Export Declaration Declarations for each Schedule B item in (Commerce Form 7525-V): "Value at the container. The total of the esti U.S. Port of Export (Selling price or cost mated weights must equal the actual if not sold, including inland freight, inshipping weight of the entire container surance and other charges to U.S. port or containers and contents. Gross ship of export) (Nearest whole dollar; omit ping weight is not required for shipments cents figures)." Selling price" for goods by mail or for shipments by methods of exported pursuant to sale is the extransportation other than vessel or air. porter's price to his customer net of any

(p) "D" (Domestic) or "F" (Foreign). unconditional discounts from list price. (1) The export declaration covering ex but without deducting any discounts ports to foreign countries shall show for which are conditional upon a particular eign goods separately from goods of do act or performance on the part of the mestic production. Exports of foreign customer. Commissions to be paid by a merchandise include those commodities U.S. exporter to his agent abroad, or to which are the growth, produce, or manu be deducted from the selling price by the facture of foreign countries which en exporter's agent abroad should be extered the United States as imports and cluded. For goods shipped on consignwhich at the time of exportation have ment without a sale actually having been undergone no change in form or condi made at the time of export, the "selling tion or enhancement in value by further price" to be reported on the Shipper's manufacture in the United States, Puerto Export Declaration is the market value Rico, or U.S. Possessions.

at the time of export at the United (2) Exports of domestic merchandise States port from which exported. include those commodities which are the (2) The value reported on the growth, produce, or manufacture of the Shipper's Export Declaration shall ex. United States, Puerto Rico, or U.S. Pos clude: The cost of loading on the exportsessions (including commodities incorpo ing vessel, aircraft, car or vehicle at the rating foreign components), and those port of exportation; freight, insurance, articles of foreign origin which have been and any other charges or transportaenhanced in value or changed from the tion costs beyond the port of export; nd form in which imported by further any duties, taxes, or other assessments manufacture or processing in the United imposed by foreign countries. The value States, Puerto Rico, or U.S. Possessions. reported shall include inland or domestic

(3) The above distinction between do freight or other charges to the seaport, mestic and foreign merchandise is in airport, or border port of exportation. tended only for use in reporting on the (3) The value to be reported as defined Shipper's Export Declaration and is in above is (or is equivalent to) an f.a.s. tended for statistical purposes only.

(Free alongside ship) value. Therefore, (4) On the Shipper's Export Declara where goods are sold f.o.b. & U.S. point tion in the column headed “Specify 'D' other than the port of exportation or 'F'," domestic merchandise shall be freight, insurance, and other costs to identified by the designation “D” and the border, sea, or airport of exportation foreign merchandise shall be identified shall be added to the selling price (as by the designation F.” On the defined above) for purposes of reporting Shipper's Export Declaration for In value on the Shipper's Export DeclaraTransit Goods, Form 7513, one of the tion. If the actual amount of such dofollowing statements, whichever is ap mestic costs is not available, an estipropriate, shall be shown across the body mate of the domestic costs shall be of the form within columns 1 through 6: added. Where goods are sold at a “de

[ocr errors]

livered" price, c.i.f. foreign destination, the cost of loading on the exporting carrier at the port of exportation, if any,

and freight, insurance, and other costs beyond the port of exportation should be subtracted from the price for purposes of reporting value on the Shipper's Export Declaration. If the actual amount of such costs is not available, an estimate of the costs should be subtracted. Costs added to or subtracted from the selling price in accordance with the above instructions should not be itemized or shown separately on the Shipper's Export Declaration, but the value reported should be the value after the making of such adjustments, where they are required to arrive at "value at U.S. port of export.” In the expression of values in export declarations, fractions of a dollar less than 50 cents should be ignored, and fractions of 50 cents or upward should be counted as $1.

(4) For definitions of the value to be shown on the Shipper's Export Declaration for special types of transactions where the commodities are not being exported pursuant to commercial sales, or where subsidies, Government financing or participation, or other unusual conditions are involved, see $ 30.30.

(r) Date of exportation. Information as to date of exportation is not required to be reported for shipments by vessel or by mail. For other shipments, the date of departure (or date of clearance, if date of departure is not known) shall be shown on the Shipper's Export Declaration the date of exportation.

(s) Designation of agent and signature. For information regarding the use of the space provided on Form 7525-V and 7525-V-Alternate for authorization of agent, and for requirements as to signature, see $ 30.4. 131 F.R. 11387. Aug. 27, 1966, as amended at 32 20805, Dec. 27, 1967; 37 F.R. 23251, Nov. 1, 1972] $ 30.8 Additional information required

on Shipper's Export Declaration for

In-Transit Goods (Form 7513). In addition to the information required unde $ 30.7, the following information shall be shown on the Shipper's Export Declaration for In-Transit Goods, Form 7513:

(a) U.S. port of arrival. The U.S. port at which the merchandise covered by the declaration arrived from a foreign country shall be shown.

(b) Country from which shipped. The name of the foreign country where the goods were loaded on the carrier which transported the merchandise to the United States from a foreign country shall be indicated.

(c) Date of arrival. The date on which the merchandise arrived in the United States shall be entered.

(d) Country of origin. The name of the country of origin as defined in § 30.70 (f) shall be indicated. $ 30.9 Requirements for separation and

alignment of items on Shipper's Ex

port Declarations. For each Schedule B classification (see $ 30.7(1)) for which merchandise is included in the shipment, a separate item shall be shown on the Shipper's Export Declaration and the separate description of commodities, shipping weight, "D" or "F" designation, Schedule B commodity number, net quantity and value for the item shall be correctly aligned horizontally, and clearly distinguishable from information applying to other Schedule B items on the same declaration. However, where merchandise covered by a single Schedule B classification is moving under more than one general license, under more than one validated export license, or under a validated export license which shows two or more listings for the same Schedule B number, a separate item shall be shown on the Shipper's Export Declaration for each license or for each listing on the license.' For merchandise moving under validated license, information required by export control regulations as to export license number and expiration date, and information as to whether the export is a partial or con shipment against the license, shall be shown immediately below the corresponding description of commodities on the Shipper's Export Declaration. Where two or more items are classified under the same Schedule B number and moving under the same general license, or where no license is required, the quantities, values and shipping weights of such invoice items, wherever practical, should be combined and the information shown on a single horizontal line of the Shipper's Export Declaration. Commodities of U.S. man

as

6 See $ 30.6 for prohibition against reporting general license commodities on the same Shipper's Export Declaration with commodities moving under a validated license.

ufacture incorporating foreign components shall be reported under the Schedule B number for the exported commodity, and a separate item shall not be shown for the imported components. If the exporter desires to record the imported components separately on the export declaration for purposes of identification with a temporary import bond, a notation may be made in column 10 as to the imported components which have been incorporated in the exported commodity. In the preparation of the export declaration, shippers shall conform to the line spacing on all copies. 8 30.10 Continuation sheets for Ship

per's Export Declaration. When more horizontal lines than the number provided on the Shipper's Export Declaration form are required to list all of the merchandise covered by the declaration, continuation sheets should be utilized. In lieu of official continuation sheets, additional copies of the Shipper's Export Declaration form, with no portion torn off or removed, may be used as continuation sheets. All continuation sheets shall be numbered in proper sequence and securely stapled to the first sheet, which must be the export declaration itself. Each continuation sheet shall show the Customs port of exportation and the country of ultimate destination for the shipment. The following statement with the blank filled in as appropriate, shall be inserted on the last line of the Shipper's Export Declaration itself between columns 9 and 15: This declaration consists of this sheet and

continuation sheets. § 30.11 Authority to require production

of documents. For purposes of verifying the completeness and accuracy of the information reported as required under $ $ 30.7 and 30.8, and for other purposes under the regulations in this part, Customs is authorized to require the owners and operators of exporting carriers, as well as the exporters or their agents, either at the time of exportation or within a period of 3 years subsequent thereto, to produce for inspection or copying shipping documents, invoices, orders, packing lists, correspondence, as well as any other relevant documents and to furnish other information bearing upon a particular

exportation. The Bureau of the Census is similarly authorized to require the production of such documents. Customs shall refuse to accept Shipper's Export Declarations containing known errors and omissions, and may require their correction, but acceptance by the Customs Director shall not be construed as evidence that all requirements have been met, and such acceptance shall not relieve the exporter of the responsibility to furnish complete and correct information at a later time if all requirements have in fact not been properly met. & 30.12 Time and place Shipper's Export

Declarations required to be pre

sented. For shipments by mail, the Shipper's Export Declaration as required in § 30.1 shall be presented to the postmaster with the packages at the time of mailing. For shipments other than by mail, except as otherwise provided, the Shipper's Export Declaration in the number of copies required by $ 30.5 shall be delivered to the exporting carrier prior to exportation. It is the duty of the exporter (or his agent) to deliver the required number of copies of the Shipper's Export Declaration to the exporting carrier prior to exportation; failure of the exporter (or his agent) to do so constitutes a violation of the provisions of these regulations, and renders such exporter (or his agent) subject to the penalties provided for in $ 30.95. For shipments by pipeline, the Shipper's Export Declaration is not required to be presented prior to exportation, and exportation will be permitted upon the understanding that the exporter or his agent, within 4 working days after the end of each calendar month, will file with the Customs Director having jurisdiction for the pipeline, a Shipper's Export Declaration in the number of copies specified in § 30.5 to cover exports to each consignee during the calendar month. 137 F.R. 23251, Nov. 1, 1972] § 30.13 [Reserved] § 30.14 [Reserved] $ 30.15 Procedure for presentation of

declarations covering shipments

from an interior point. For shipments from an interior point, the Shipper's Export Declaration in the number of copies required in § 30.5 may be prepared and delivered by the exporter or his agent to the inland carrier

See $ 30.3(b).

to accompany the merchandise to the exporting carrier at the seaport, airport, or border port of exportation, or it may be otherwise delivered directly to the exporting carrier. In either case, the Shipper's Export Declaration must be in the exporting carriers' possession prior to exportation. (See $ 30.6 for requirements for a separate set of Shipper's Export Declarations for each car, truck, or other vehicle, covering only the merchandise exported in that car, truck, or vehicle.) 137 F.R. 23251, Nov. 1, 1972] & 30.16 Corrections to Shipper's Export

Declarations. Except for shipments by mail, the shipper or his agent shall prepare and file in duplicate with the Customs Director at the port of exportation a Shipper's Export Declaration Correction Form on Form FT-7403 for all corrections, amendments, or cancellations of Shipper's Export Declarations which are reported after the copies of the declarations have been forwarded by Customs to the Bureau of the Census, or for which the filing of Form FT-7403 is required by the export control regulations. Other corrections, amendments, or cancellations shall be effected by means of a Correction Form, or shall be noted directly upon the Shipper's Export Declaration. For effecting corrections to Shipper's Export Declarations covering shipments by mail, one copy of the Shipper's Export Declaration Correction Form should be prepared and presented to the Postmaster at the post office where the package was mailed. Correction Forms may be obtained free of charge from the Customs Director. The provisions of this paragraph relating to th filing of a Shipper's Export Declaration Correction Form shall not be construed as a relaxation of the requirements of the laws and regulations pertaining to the preparation and filing of Shipper's Export Declarations, Subpart B-General Requirements

Exporting Carriers $ 30.20 General statement of require

ment for the filing of manifests and Shipper's Export Declarations by

carriers. (a) Carriers transporting merchandise from the United States, Puerto Rico, or U.S. Possessions to foreign countries, from the United States or Puerto Rico to American Samoa or to the Virgin Islands of the United States; or between Puerto

Rico and the United States, shall not be granted clearance, where clearance is required, and shall not depart, where clearance is not required, until manifests (for vessels, aircraft, and rail carriers) and Shipper's Export Declarations have been filed with the Customs Director as speci. fied below, except as provided in $ 30.24. Where for reasons beyond the control of the exporting carrier, a given declaration (or declarations) has not been received prior to exportation or departure, and the merchandise has been laden, such carrier shall not as a result of this circumstance be required to offload the merchandise, or to delay its clearance (where clearance is required) or departure (if clearance is not required). However, the provisions of $ 30.24 remain applicable.

(b) Except as otherwise specifically provided, declarations should not be filed at the place where the shipment originates if it is to be transshipped within the U.S. area before being dispatched to a foreign country or to its final destination in a nonfarm area. This applies to shipments originating in Puerto Rico or the Virgin Islands of the United States being forwarded to the United States for transshipment to another destination, and to shipments originating in the United States and being forwarded to Puerto Rico or the Virgin Islands of the United States for transshipment, as well as to merchandise being transshipped in Customs Districts within the States of the United States. In such cases, the declarations should be filed only with the Customs Director at the actual port of exportation.

(c) For purposes of these regulations, the port of portation is defined as the Customs port at which or nearest to which the land surface carrier transporting the merchandise crosses the border of the United States into foreign territory, or, in the case of exportation by vessel or air, the Customs port where the merchandise is loaded on the vessel or aircraft which is to carry the merchandise to a foreign country or to a nonforeign area of ultimate destination. 135 F.R. 4948, Mar. 21, 1970, as amended at 36 F.R. 5412, Mar. 23, 1971; 37 F.R. 23251, Nov. 1, 1972] $ 30.21 Requirements for the filing of

manifests. (a) Vessels. Vessels transporting merchandise as specified in § 30.20 (except vessels exempted by paragraph (d) of

this section) shall file a complete mani file a complete manifest on Customs fest on Customs Form 1374 or similar Form 7509. Such manifest shall be filed form approved by the Customs Director. with the Customs Director at the reThe manifest shall be filed with the Cus spective ports where the merchandise toms Director at the respective ports is laden aboard the aircraft which is to where the merchandise is laden, and carry the merchandise to the foreign shall show the destination of the vessel country or to its ultimate destination in and list all the cargo so laden. For each a nonforeign area, and shall list all the item of cargo, the manifest shall show cargo so laden and show, for each item, the marks and numbers of the packages; the air waybill number or marks and and a description of the articles, con numbers on packages, the number of tents, quantities, and values, shall be packages, and the nature of the goods, shown; however, a notation on the mani except as otherwise provided in this parfest that values are as stated on the agraph (b). In addition, for any item Shipper's Export Declaration, copies of for which a Shipper's Export Declarawhich are attached to such manifest, tion is not required under the regulawill be accepted. There shall also be tions in this part, a notation as to the shown for each item of cargo the bill of basis for the exemption shall be inserted lading number shown on the declaration on the manifest, or on the waybill filed covering the item, except that bill of lad in lieu of listing on the manifest as ing numbers are not required on mani provided below. In lieu of listing the fests covering cargo destined for Canada cargo on the manifest, (1) in the case of or a nonforeign area. If an item on a shipments on an air waybill, a copy of manifest is one for which a Shipper's each document may be attached to the Export Declaration is not required under cargo manifest, the numbers of such air the regulations in this part, a notation waybills listed in the body of the manishall be inserted on the manifest as to fest, and the statement “Cargo as per the basis for the exemption. In lieu of a Air Waybills Attached” noted on the listing of cargo on Customs Form 1374, manifest, or (2) on direct departures the list of cargo may be shown on bills only, for shipments requiring a Shipper's of lading, cargo lists, or other similar Export Declaration a copy of each excommercial forms, attached to the mani port declaration may be attached to the fest: Provided, That the manifest is com cargo manifest. In such cases the air pletely executed on Customs Form 1374 waybill numbers of such declarations or similar form approved by the Customs shall be listed on the cargo manifest in Director, except for particulars as to the column for air waybill numbers, and cargo: And provided also, That the bills the statement “Cargo as per Export of lading, cargo lists, or other commer Declarations Attached” noted on the cial forms are securely attached to that manifest. Under this alternative proceform in such manner as to constitute one dure, any shipments not requiring a Shipdocument; that they are incorporated by per's Export Declaration shall be listed suitable reference on the face of the form on the manifest, and a notation as to the such as "Cargo as per bills of lading at basis for the exemption shall be shown. tached,” or “Cargo as per commercial For aircraft carrying merchandise on diforms attached,” and that there is shown rect flights between the United States on the face of each document the in and Puerto Rico, where the conditions of formation required by Customs Form 19 CFR 6.8(e) of the Customs Regula1374 for the cargo covered by that docu tions are met and complied with, a cargo ment. The manifest of vessels clearing manifest shall be required only for any for foreign countries shall also show the merchandise transported as cargo which quantities and values of bunker fuel is excepted from the filing of Shipper's taken aboard at that port for fueling use Export Declarations or for any cargo for of the vessel, apart from such quantities which Shipper's Export Declarations as may have been laden on vessels as cannot be timely filed. For cargo recargo. The quantity of coal shall be re quiring Shipper's Export Declarations, ported in tons, and the quantity of fuel a declaration shall be made on the genoil shall be reported in barrels of 42 gal eral declaration required by Customs lons. Fuel oil shall be described in such Regulations (on the cargo manifest if manner as to identify diesel oil as dis one is required by the preceding sentinguished from other types of fuel oil, tence). This declaration shall state

(b) Aircraft. Aircraft transporting either "Attached Shipper's Export Decmerchandise as specified in § 30.20 shall larations represent a full and complete

« PreviousContinue »