us-cbp-cross-rulings-hq-109491•HQ 109491: Late presentation of inward manifest
HQ 109491: Late presentation of inward manifest
us-cbp-cross-rulings-hq-109491HQ 109491: Late presentation of inward manifestGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 109491
August 16, 1988
VES-5 CO:R:P:C 109491 DHR
CATEGORY: Carriers
Mr. Gary Stevenson
GIRALDA FARMS
Madison Avenue
P.O. Box 880
Madison, N.J. 07940-0880
RE: Late presentation of inward manifest
Dear Mr. Stevenson:
This is with reference to your letter of April 28,
1988, concerning the filing of inward manifests by Maersk
Line vessels which transship cargo in New York. FACTS:
Maersk Line vessels call at New York from Europe via
Halifax, Canada, with cargo for New York and also unlade
cargo for reloading onto other vessels for transportation to
Far East ports. Because the transit time from Halifax to New
York is only 36 hours, the vessels do not have time to
prepare a manifest of their Halifax to Far East Cargo by the
time the vessels enter New York to unlade the cargo for
transshipment.
ISSUE:
Whether a complete manifest of the Halifax to Far East
cargo may be filed after it is unloaded in New York, provided
it is filed before the departure from New York of the vessel
which brought the cargo from Halifax.
LAW AND ANALYSIS:
Section 1448, title 19, United States Code, provides in
pertinent part that no merchandise or passengers shall be
unladen from any vessel arriving from a foreign port or place
until entry (either preliminary or formal) of the vessel has
been made. This section provides that preliminary entry
shall be made by presenting the vessel's manifest to the
Customs boarding officer. Section 1435 provides that formal
entry shall be made at the Customhouse by presenting the
original and one copy of the manifest.
In previous situations involving the arrival of vessels
in New York with cargo loaded at Halifax for foreign ports
the Customs Service has permitted a complete manifest of the
cargo from Halifax for other foreign ports to be filed 10
days after the importing vessels' arrival in New York.
However, this permission was granted on the condition that
the Halifax to foreign cargo would not be unloaded at New
York but would remain on board the importing vessel for
transportation to the foreign ports.
However, in the interest of controlling the disposition
of merchandise arriving in the United States, the Customs
Service is not receptive to having merchandise unloaded from
incoming vessels without a manifest covering such merchandise
being presented by the time of unloading.
HOLDING:
Merchandise may not be unloaded in the United States
(even for purposes of transshipment onto a vessel for
transportation to a foreign port) unless an inward manifest
is presented at the time of unloading.
EFFECT ON OTHER RULINGS:
None
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch
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