19 U.S.C. § 1431a : US Code - Section 1431A: Documentation of waterborne cargo

Search 19 U.S.C. § 1431a : US Code - Section 1431A: Documentation of waterborne cargo

(a) Applicability
This section shall apply to all cargo to be exported that is
moved by a vessel carrier from a port in the United States.
(b) Documentation required
(1) No shipper of cargo subject to this section (including an
ocean transportation intermediary that is a non-vessel-operating
common carrier (as defined in section 1702(17)(B) of title 46,
Appendix) (!1) may tender or cause to be tendered to a vessel
carrier cargo subject to this section for loading on a vessel in a
United States port, unless such cargo is properly documented
pursuant to this subsection.
(2) For the purposes of this subsection, cargo shall be
considered properly documented if the shipper submits to the vessel
carrier or its agent a complete set of shipping documents no later
than 24 hours after the cargo is delivered to the marine terminal
operator, but under no circumstances later than 24 hours prior to
departure of the vessel.
(3) A complete set of shipping documents shall include -
(A) for shipments for which a shipper's export declaration is
required, a copy of the export declaration or, if the shipper
files such declarations electronically in the Automated Export
System, the complete bill of lading, and the master or equivalent
shipping instructions, including the Internal Transaction Number
(ITN); or
(B) for shipments for which a shipper's export declaration is
not required, a shipper's export declaration exemption statement
and such other documents or information as the Secretary may by
regulation prescribe.
(4) The Secretary shall by regulation prescribe the time, manner,
and form by which shippers shall transmit documents or information
required under this subsection to the Customs Service.
(c) Loading undocumented cargo prohibited
(1) No marine terminal operator (as defined in section 1702(14)
of title 46, Appendix) may load, or cause to be loaded, any cargo
subject to this section on a vessel unless instructed by the vessel
carrier operating the vessel that such cargo has been properly
documented in accordance with this section.
(2) When cargo is booked by 1 vessel carrier to be transported on
the vessel of another vessel carrier, the booking carrier shall
notify the operator of the vessel that the cargo has been properly
documented in accordance with this section. The operator of the
vessel may rely on such notification in releasing the cargo for
loading aboard the vessel.
(d) Reporting of undocumented cargo
(1) In general
A vessel carrier shall notify the Customs Service of any cargo
tendered to such carrier that is not properly documented pursuant
to this section and that has remained in the marine terminal for
more than 48 hours after being delivered to the marine terminal,
and the location of the cargo in the marine terminal.
(2) Sharing arrangements
For vessel carriers that are members of vessel sharing
agreements (or any other arrangement whereby a carrier moves
cargo on another carrier's vessel), the vessel carrier accepting
the booking shall be responsible for reporting undocumented
cargo, without regard to whether it operates the vessel on which
the transportation is to be made.
(3) Reassignment to another vessel
For purposes of this subsection and subsection (f) of this
section, if merchandise has been tendered to a marine terminal
operator and subsequently reassigned for carriage on another
vessel, the merchandise shall be considered properly documented
if the information provided reflects carriage on the previously
assigned vessel and otherwise meets the requirements of
subsection (b) of this section. Notwithstanding the preceding
sentence, it shall be the responsibility of the vessel carrier to
notify the Customs Service promptly of any reassignment of
merchandise for carriage on a vessel other than the vessel on
which the merchandise was originally assigned.
(4) Multiple containers
If a single shipment is comprised of multiple containers, the
48-hour period described in paragraph (1) shall begin to run from
the time the last container of the shipment is delivered to the
marine terminal operator. It shall be the responsibility of the
person tendering the cargo to inform the carrier that the
shipment consists of multiple containers that will be delivered
to the marine terminal operator at different times as part of a
single shipment.
(e) Assessment of penalties
Whoever is found to have violated subsection (b) of this section
shall be liable to the United States for civil penalties in a
monetary amount up to the value of the cargo, or the actual cost of
the transportation, whichever is greater.
(f) Seizure of undocumented cargo
(1) Any cargo that is not properly documented pursuant to this
section and has remained in the marine terminal for more than 48
hours after being delivered to the marine terminal operator shall
be subject to search, seizure, and forfeiture.
(2) The shipper of any such cargo is liable to the marine
terminal operator and to the ocean carrier for demurrage and other
applicable charges for any undocumented cargo which has been
notified to or searched or seized by the Customs Service for the
entire period the cargo remains under the order and direction of
the Customs Service. Unless the cargo is seized by the Customs
Service and forfeited, the marine terminal operator and the ocean
carrier shall have a lien on the cargo for the amount of the
demurrage and other charges.
(g) Effect on other provisions
Nothing in this section shall be construed, interpreted, or
applied to relieve or excuse any party from compliance with any
obligation or requirement arising under any other law, regulation,
or order with regard to the documentation or carriage of cargo.