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enumeration and description of the cargo to the District Director of Customs at carried on this flight except that listed the port of exportation, with the manion the cargo manifests” or “All required fest of the carrier, if a manifest is recargo documents will be filed within the quired by the regulations in this part, 4-day bond period.” If the latter decla Shipper's Export Declarations prepared ration is used, when the Shipper's Ex and signed by the exporters or their port Declarations and any required cargo agents covering all the cargo for which manifest are in fact filed they shall be such Shipper's Export Declarations are accompanied by the following declara required by the regulations in this part. tion:
(b) The exporting carrier shall be reAttached Shipper's Export Declarations
sponsible for the accuracy of the followrepresent a full and complete enumeration ing items of information (where reand description of the cargo carried on air quired) on the declaration: Name of craft No. flight No. cleared direct carrier (including flag, if vessel carrier), for
foreign port of unloading, and the bill of -----, except
lading or air waybill number. cargo listed on any cargo manifest required
(c) Except as provided in paragraph to be filed for such flight.
(e) of this section, when a transporta(Airline)
tion company finds, prior to the filing of
declarations and manifest as provided in (Authorized Agent) (a) of this section, that due to circum(c) Rail carriers. Rail carriers trans stances beyond the control of the transporting merchandise as specified in portation company or to inadvertence, a $ 30.20 shall file a car manifest. Such portion of the merchandise covered by an manifest shall be filed with the Customs individual Shipper's Export Declaration Director at the border port of exporta has not been exported on the intended tion, giving the marks and numbers, the carrier, the transportation company shall name of the shipper or consignor, de correct the descriptions and the quantity, scription of the goods and the destina value and shipping weight (if any) tion thereof. The manifest may be a amounts shown on the declaration to rewaybill, or a copy thereof, or a copy of flect the amount actually exported on the the manifest prepared for foreign cus carrier named in the Shipper's Export toms. For any item for which a Ship Declaration. If a short shipment of this per's Export Declaration is not required type is discovered by the carrier after the by the regulations in this part, a notation Shipper's Export Declaration in question on the manifest, or an oral declaration has been delivered to the District Directo the Customs Director, shall be made tor of Customs, the transportation comby the carrier as to the basis for the pany will immediately notify the District exemption.
Director of Customs so that a correction (d) Carriers not required to file mani. can be made by the Director on all copies fests. The regulations in this part do of the declaration if it is still in his posnot require the filing of manifests by session. If the statistical copy of the deccarriers other than vessels, aircraft and laration has been transmitted by the Dirail carriers, nor by vessels under 5 net rector to the Bureau of the Census at the tons engaged in trade with a foreign time of such notification, the Director country otherwise than by sea, nor by will require the filing of a correction vessels specifically exempted from entry form, Form FT-7403, by the exporter or by section 441, Tariff Act of 1930.
his agent, to effect the correction of the (25 F.R. 2163, Mar. 16, 1960, as amended at export declaration. If the balance of the 34 F.R. 812, Jan. 18, 1969; 37 F.R. 23251, short-shipped merchandise is subseNov. 1, 1972)
quently exported, a new Shipper's Ex§ 30.22 Requirements for the filing of
port Declaration, complete in all detail, Shipper's Export Declarations by de
will be required. If the short-shipped parting carriers.
merchandise is exported on a carrier of (a) To meet the requirements of
the transportation company named in
the orignal declaration, and if such ex$ 30.20 for the filing of Shipper's Export
portation is made within a reasonable Declarations, every departing carrier
period, the District Director of Customs transporting merchandise as specified in
may accept a declaration executed by § 30.20, including vessels, aircraft, rail such transportation company; otherwise carriers, trucks and other vehicles, fer the new declaration shall be executed by ries, and every other carrier shall deliver the exporter or his agent. In any event,
the new declaration shall contain the following statement:
These commodities or technical data were included, but not shipped, on a Shipper's Export Declaration filed at
(Date) (d) When a shipment by air covered by a single Shipper's Export Declaration is divided by the transportation company and exported in more than one aircraft of the transportation company, the "split shipment” procedure provided in $ 30.41 shall be followed by the transportation company in delivering manifests and Shipper's Export Declarations to the District Director of Customs. [32 F.R. 20805, Dec. 27, 1967, as amended at 35 F.R. 19663, Dec. 29, 1970; 37 F.R. 23251, Nov. 1, 1972) $ 30.23 Requirements for the filing of
Shipper's Export Declarations by
pipeline carriers. The operator of a pipeline may transport merchandise to a foreign country without prior filing of Shipper's Export Declarations, on the condition that within 4 days following the end of each calendar month the pipeline operator will deliver to the Customs Director Shipper's Export Declarations prepared by the exporter or his agent covering all exportations through the pipeline to each consignee during the month. (31 F.R. 11367, Aug. 27, 1966, as amended at 37 F.R. 23251, Nov. 1, 1972] & 30.24 Clearance or departure of car
riers under bond on incomplete manifest or Shipper's. Export Dec.
larations. (a) For purposes of the regulations in this part, clearance (where clearance is required) or permission to depart (where clearance is not required)
may be granted to any carrier by the Customs Director prior to the filing of a complete manifest as required under the regulations in this part, or prior to the filing by the carrier of all required Shipper's Export Declarations, provided that a bond as specified in paragraph (b) of this section is filed with the Customs Director. The condition of the bond shall be that a complete manifest, where a manifest is required by the regulations in this part, and all required Shipper's Export Declarations, shall be filed by the carrier not later than the fourth business day after clearance (where clearance is required) or departure (where clearance
is not required) of the carrier for all carriers except as otherwise specifically provided in subparagraphs (1) and (2) of this paragraph.
(1) For shipments aboard a U.S.-flag carrier between the United States and Puerto Rico, or from the United States or Puerto Rico to American Samoa or the Virgin Islands of the United States, the condition of the bond shall be that a complete manifest (where a manifest is required) and all required Shipper's Export Declarations shall be filed by the carrier not later than the seventh business day after departure.
(2) For rail carriers to Canada, the condition of the bond shall be that the manifest and all required Shipper's Export Declarations shall be filed not later than he 15th business day after departure. In the event that any required manifest and all required Shipper's Export Declarations are not filed by the carrier within the period provided by the bond, then a penalty of $50 shall be exacted for each day's delinquency beyond the allowed period of 4 days, 7 days, or 15 days, as appropriate; and if the completed manifest, where required, and all required Shipper's Export Declarations are not filed within 3 days following the period of 4 days, 7 days, or 15 days, allowed under the bond, then for each succeeding day of delinquency a penalty of $100 shall be exacted, but no penalty shall exceed $1,000 in total. Remission or mitigation of the penalties provided herein may be granted in those cases where, in the judgment of the administering authority provided in paragraph (b) of this section, the penalties were incurred without willful negligence of fraud, or other circumstances justify a remission or mitigation,
(b) Bonds filed in accordance with the provisions of this $ 30.24 may take the form of a single entry bond on Customs Form 7567 in the amount of $1,000 or of a term or blanket bond on Customs Form 7569 in the amount of $10,000 or such larger amount as the Secretary of the Treasury may prescribe, or in other approved form. Except as provided below in this paragraph, there shall be shown on the bond, or on a separate listing which refers to and is made a part of the bond, a pro forma list of shipments on board the departing carrier for which Shipper's Export Declarations have not been filed with the Customs Director.
The list shall show for each such shipment the name of the shipper, the country to which exported, marks and numbers of the packages, the number and kind of packages, a description of the goods and the value (or estimated value). However, where such waiver will not in. terfere with the ability of the Customs Director to check on performance under the bond, or with the identification of the shipment for purposes of obtaining statistical information in the event of failure of performance under the bond, the Customs Director may waive the requirement for the pro forma list of shipments for which declarations are missing, or may accept a list containing less than the items of information enumerated above. Approval of bonds and administration of the provisions of the regulations in this part relating to performance by carriers under such bonds, including remission and mitigation of penalties incurred by the carriers, are hereby delegated to the Commissioner of Customs or his delegate to be carried out in accordance with the provisions of section 623 of the Tariff Act of 1930, as amended, and the regulations of the Bureau of Customs issued pursuant thereto. 131 F.R. 11367, Aug. 27, 1966, as amended at 35 F.R. 4948, Ma 21, 1970) Subpart C—Special Provisions Appli
cable Under Particular Circumstances & 30.30 Values for certain types of
transactions. The following special arrangements govern the values to be reported for shipments of the following unusual types:
(a) Subsidized exports of agricultural products. Where provision is made for the payment of an export subsidy to the exporter for the exportation of agricultural commodities under a program of the Department of Agriculture, the value required to be shown on the export declaration is the f.a.s. value as defined in § 30.7(q), based on the selling price paid by the foreign importer, excluding the amount of the subsidy.
(b) GSA exports of excess personal property. For exports of General Seryices Administration excess personal property, the value to be shown on the Shipper's Export Declaration will be the total of the estimated "fair value," If any, at which the property was transferred to GSA by the holding agency, plus charges, when applicable, to the port of export, such as packing, rehabilitation, inland
freight or drayage. The estimated "fair value" may be zero, or it may be a percentage of the original or estimated acquisition costs. (Export declarations for such shipments will bear the notation "Excess Personal Property, GSA Regulations 1-III, 303.03.") § 30.31 Identification of certain non
statistical and other unusual trans.
actions. In order to enable the Bureau of the Census to make a judgment as to the statistical or other status of certain export transactions, Shipper's Export Declarations covering the following types of transactions should carry a statement in column 10 beneath the commodity description clearly identifying the transactions as such:
(a) Merchandise exported for repair only, and other temporary exports to be returned to the United States which are not sold and do not enter the trade of the country to which shipped, e.g., merchandise for exhibition (not for exhibition and possible sale), horses or other animals for breeding or grazing, etc.
(b) The return of merchandise previously imported for repair only and other returns to the foreign shipper of temporarily imported merchandise (declared as such on importation) on which no alteration or processing has been performed, e.g., foreign merchandise being returned to the country of origin after importation into the United States for exhibition only.
(c) Shipments of material in connection with construction, maintenance, and related work being done on projects for the U.S. Armed Forces. Equipment and other material shipped for temporary use on such projects and intended for return to the United States should be identified separately from construction material or other goods which will become a part of or which will be consumed in the construction or maintenance work. & 30.32 Exports of complete machines
or other complete units in partial
shipment lots. Unassembled machines or other units shall be classified as complete machines or units, and not as parts thereof, even when the integral components are not shipped simultaneously, or are shipped through more than one port. When more than one shipment is involved in the exportation of one or more complete
machines or units, the components actu through or from which the vessel, car, ally included in each shipment shall be vehicle, or container first leaves the reported in column 10 of the Shipper's United States after sale or transfer. If Export Declaration with the value (or the vessel, car, vehicle, or shipping conestimated value) and, where required, tainer is outside the Customs area of the shipping weight, of these components United States at the time of sale or only shown in columns 15 and 11, re transfer to foreign ownership, Shipper's spectively. In each case the Schedule Export Declarations shall be filed at the B number for the complete machine last port of clearance or departure from shall be reported in column 13 of the the United States prior to sale or transShipper's Export Declaration, and a fer. The country of destination to be statement shall be entered in column 10 shown on the Shipper's Export Declarato the effect that the declaration repre tion for vessels sold foreign is the counsents the first, second, third, etc., partial try of new ownership. The country for shipment of integral components to com which the vessel clears, or the country prise one (or other number) complete of registry of the vessel, should not be machine (and the machine should be reported as the country of destination completely described in terms of Sched on the Shipper's Export Declaration ule B). The statement should also in unless such country is the country of clude the total value and, where re new ownership. quired, shipping weight for the entire
$ 30.34 Return of exported cargo to the consignment. The declaration covering
United States prior to reaching its the final shipment shall be conspicuously
final destination. labeled "Final Shipment,” in addition to being appropriately numbered in the
(a) When a vessel carrying cargo series of declarations.
which cleared from a port in the U.S.
Customs area returns to the U.S. Customs § 30.33 Vessels, planes, cargo vans, and
area before it reaches its destination and other carriers and containers sold
discharges any or all of its cargo in the foreign.
United States, the Customs Director at (a) Vessels, locomotives, rail cars, the port of unlading shall notify the ferries, trucks, other vehicles, trailers, Foreign Trade Division, Bureau of the pallets, cargo vans, lift vans, or similar Census, of this fact. The letter of notishipping containers are not considered fication shall contain the following in"shipped” in terms of the regulations in formation: Name of the carrier, dates this part when they are moving, either of clearance, manifest numbers assigned loaded or empty, without transfer of at the various Customs ports at which ownership or title, in their capacity as cargo was laden and the final disposition carriers of merchandise or as instru of all cargo. If the vessel returns to the ments of such carriers, and Shipper's port at which the cargo was originally Export Declarations are not required laden, the letter of notification shall also therefor when so moving.
include the bill of lading numbers shown (b) However, Shipper's Export Dec on each export declaration filed at the larations shall be filed for such items time of clearance. when moving as merchandise pursuant (b) For shipments by air where the to sale or other transfer from ownership Shipper's Export Declarations are filed at in the United States to ownership the port of lading, if it becomes necessary abroad. When a new vessel built in the because of an emergency to unload part United States for foreign account clears or all of the cargo at another port in the under a certificate of record (Commerce U.S. Customs area (other than the port Form 1316), a Shipper's Export Decla in Puerto Rico or U.S. Possession which ration must be furnished by the agents is its final destination), the Shipper's or prepared by Customs for statistical Export Declarations filed at the port of purposes. If a vessel, car, vehicle, or lading need not be canceled if the mercontainer, whether in service or newly chandise is reladen on another plane at built or manufactured, is sold or trans the second port within a reasonable time ferred to foreign ownership while in the and proceeds to its country of destinaCustoms area of the United States or at tion. If there is unreasonable delay in à port in such area, Shipper's Export reloading, the originally filed declaraDeclarations shall be filed in accordance tions should be canceled and new declawith the general requirements of the rations should be filed at the second port regulations in this part, at the port of lading. If for any reason the mer84-057-73 -7
chandise remains permanently in the United States, the Customs Director at the first port of lading must be notified to cancel the Shipper's Export Declarations which have been filed. This provision is not intended as an exception from the requirements of g 30.12 as to the place at which Shipper's Export Declarations are required to be filed; it is intended only for cases where an emergency requires an unintended unloading after the requirements of $ 30.12 have been met. 31 F.R. 11367, Aug. 27, 1966, as amended at 37 F.R. 23251, Nov. 1, 1972] § 30.35 Shipments between U.S. points
in transit through Canada diverted to
Canada. When commodities being shipped in transit through Canada to other U.S. ports without the filing of a Shipper's Export Declaration (as provided in § 30.55) are diverted after leaving the United States, for import into Canada, Shipper's Export Declarations in accordance with the requirements of the regulations in this part shall be filed with the Customs Director at the port of exportation by the exporter or his agent promptly upon such diversion. $ 30.36 [Reserved] 30.37 Exceptions from the require
ment for reporting complete commodity detail on the Shipper's Ex
port Declaration. (a) Where it can be determined that particular types of U.S. Government shipments, or shipments for Government projects, are of such nature that they should not be included in the export statistics, and further, where no detriment to the export control program would be involved, special arrangements can sometimes be made to waive compliance with specific portions of the requirements of $ 30.7 with respect to the reporting of detailed information on the Shipper's Export Declarations. Such exceptions will be made only upon application by the exporter and specific authorization to the Customs Director and the exporter for the particular project or shipment, approved by both the Bureau of the Census and the Office of Export Control, and will be conditioned upon a prescribed identification which must appear upon the declarations. The particular types of shipments for which such exceptions may be possible are as follows:
(2) Shipments to a contractor under a Department of Defense or other armed service contract for the construction of facilities for the use of the U.S. armed services.
(3) Temporary exports by or to U.S. Government agencies.
(4) Shipments of supplies and material to contractors in the Panama Canal Zone for the construction and/or maintenance of the Panama Canal Zone and its facilities.
(b) Special exemptions to specific portions of the requirements of $ 30.7 with respect to the reporting of detailed information on the Shipper's Export Declaration may also be granted by the Bureau of the Census with the concurrence of the Office of Export Control for certain Department of Defense shipments, or shipments made on behalf of the Department of Defense, to foreign governments under the cash reimbursable provisions of the Mutual Defense Assistance Program (military sales), if and when arrangements have been made for the Bureau of the Census to obtain the desired statistical information other than through the reporting of complete commodity detail on the Shipper's Export Declaration. [31 F.R. 11367, Aug. 27, 1966, as amended at 35 F.R. 14388, Sept. 12, 1970) § 30.38 [Reserved] § 30.39 Authorization for reporting sta.
tistical information other than by means of individual Shipper's Export
Declarations filed for each shipment. (a) A Customs Director, if he finds that no administrative difficulties are involved, may authorize the filing of one Shipper's Export Declaration per month, in lieu of a declaration for each shipment as required by $ 30.6, for the following types of frequently recurring shipments by air from a single consignor from one U.S. airport to one country of destination and one port of unlading via a single airline:
(1) Newspapers and magazines.
(3) Airline timetables being shipped by the airline.
(4) Shipments of registered carrier stores by a United States or Canadian airline to each of its installations or agents abroad which are exported under General License RCS of the Export Regulations set forth in § 371.13(d) of Chapter III of this title.