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e-CFR data is current as of September 22, 2020

Title 19Chapter IPart 4 → §4.93


Title 19: Customs Duties
PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES


§4.93   Coastwise transportation by certain vessels of empty vans, tanks, and barges, equipment for use with vans and tanks; empty instruments of international traffic; stevedoring equipment and material; procedures.

(a) Vessels of the United States prohibited from engaging in the coastwise trade and vessels of nations found to grant reciprocal privileges to vessels of the United States may transport the following articles between points embraced within the coastwise laws of the United States:

(1) Empty cargo vans, empty lift vans, and empty shipping tanks; equipment for use with cargo vans, lift vans, or shipping tanks; empty barges specifically designed for carriage aboard a vessel and equipment, excluding propulsion equipment, for use with such barges; and empty instruments of international traffic exempted from application of the Customs laws by the Secretary of the Treasury pursuant to the provisions of section 322(a), Tariff Act of 1930 (19 U.S.C. 1322(a)), if such articles are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handling his cargo in foreign trade.

(2) Stevedoring equipment and material, if such equipment and material is owned or leased by the owner or operator of the transporting vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is transported without charge for use in the handling of cargo in foreign trade.125

125“*  *  * Provided further, That upon such terms and conditions as the Secretary of the Treasury by regulation may prescribe, and, if the transporting vessel is of foreign registry, upon a finding by the Secretary of the Treasury, pursuant to information obtained and furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, this section shall not apply to the transportation by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry, of (a) empty cargo vans, empty lift vans, and empty shipping tanks, (b) equipment for use with cargo vans, lift vans, or shipping tanks, (c) empty barges specifically designed for carriage aboard a vessel, and (d) any empty instrument for international traffic exempted from application of the customs laws by the Secretary of the Treasury pursuant to the provisions of section 322(a), Tariff Act of 1930 (19 U.S.C. 1322(a)), if the articles described in clauses (a) through (d) are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handling his cargo in foreign trade; and (e) stevedoring equipment and material, if such equipment and material is owned or leased by the owner or operator of the transported vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is transported without charge for use in the handling of cargo in foreign trade.” (46 U.S.C. 883).

126-130[Reserved]

(b)(1) The following nations have been found to extend privileges reciprocal to those provided in paragraph (a) of this section for empty cargo vans, empty lift vans, and empty shipping tanks to vessels of the United States:

Antigua and Barbuda   Kuwait
Australia   Liberia
Austria   Luxembourg
Bahamas, The   Malta
Bahrain   Marshall Islands, Republic of the
Belgium   Mexico
Bermuda   Netherlands
Brazil   Netherlands Antilles
Canada   Norway
Chile   Pakistan
China*   Philippines
Colombia   Polish People's Republic
Cyprus   Portugal
Denmark   Republic of Korea
Ecuador   Republic of Panama
Finland   Republic of Singapore
France   Republic of Zaire
Guatemala   St. Vincent and the Grenadines
Germany, Federal Republic of   Saudi Arabia
Greece   South Africa
Iceland   Spain
India   Sweden
Iran   Taiwan
Ireland   Union of Soviet Socialist Republics
Israel   United Arab Emirates
Italy   United Kingdom (including The Cayman Islands and Hong Kong)
Ivory Coast   Vanuatu, Republic of
Japan   Yugoslavia, Socialist Federal Republic of

*See also Taiwan

(2) The following nations have been found to extend similar reciprocal privileges in respect to the other articles mentioned in paragraph (a) of this section:

Antigua and Barbuda   Liberia
Australia   Luxembourg
Austria   Malta
Bahamas, The   Mexico
Bahrain   Netherlands
Belgium   Netherlands Antilles
Bermuda   Norway
Brazil   Polish People's Republic
Chile   Portugal
Colombia   Republic of Korea
Denmark   Republic of Panama
Federal Republic of Germany   Republic of Singapore
Finland   Republic of Zaire
France   St. Vincent and the Grenadines
Greece   South Africa
Guatemala   Spain
Iceland   Sweden
India   Taiwan
Ireland   Union of Soviet Socialist Republics
Israel   United Arab Emirates
Italy   United Kingdom (including The Cayman Islands and Hong Kong)
Ivory Coast   Vanuatu, Republic of
Kuwait 

(c) Any Cargo Declaration, Customs Form 1302, required to be filed under this part by any foreign vessel shall describe any article mentioned in paragraph (a) of this section laden aboard and transported from one United States port to another, giving its identifying number or symbol, if any, or such other identifying data as may be appropriate, the names of the shipper and consignee, and the destination. The Cargo Declaration shall also include a statement (1) that the articles specified in paragraph (a)(1) of this section are owned or leased by the owner or operator of the transporting vessel and are transported for his use in handing his cargo in foreign trade; or (2) that the stevedoring equipment and material specified in paragraph (a)(2) of this section is owned or leased by the owner or operator of the transporting vessel, or is owned or leased by the stevedoring company contracting for the lading or unlading of that vessel, and is transported without charge for his use in handling his cargo in foreign trade. If the director of the port of lading is satisfied that there will be sufficient control over the coastwise transportation of the article without identifying it by number or symbol or such other identifying data on the Cargo Declaration, he may permit the use of a Cargo Declaration that does not include such information provided the Cargo Declaration includes a statement, that the director of the port of unlading will be presented with a statement at the time of entry of the vessel that will list the identifying number or symbol or other appropriate identifying data for the article to be unladen at that port. Applicable penalties under section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall be assessed for violation of this paragraph.

[T.D. 68-302, 33 FR 18436, Dec. 12, 1968]

Editorial Note: For Federal Register citations affecting §4.93, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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