Late presentation of inward manifest

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