HQ 109491: Late presentation of inward manifest

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