§ 4.75 - Incomplete manifest; incomplete or missing Electronic Export Information (EEI); bond.

§ 4.75 Incomplete manifest; incomplete export declarationsor missing Electronic Export Information (EEI); bond.

(a) Pro forma manifest. Except as provided for in § 4.75(c), if a master desiring to clear his vessel for a foreign port does not have available for filing with the CBP port director a complete Cargo Declaration Outward with Commercial Forms, Customs CBP Form 1302-A 1302A (see § 4.63) in accordance with 46 U.S.C. 9160105, or all required shipper's export declarations EEI filing citations, exclusions, and/or exemption legends (see 15 CFR 30.2447), the CBP port director may accept in lieu thereof an incomplete manifest (referred to as a pro forma manifest) on the Vessel Entrance or Clearance Statement, Customs CBP Form 1300, if there is on file in his office a bond on Customs CBP Form 301, containing the bond conditions set forth in § 113.64 of this chapter relating to international carriers, executed by the vessel owner or other person as attorney in fact of the vessel owner. The “Incomplete Manifest for Export” box in item 17 of the Vessel Entrance or Clearance Statement form must be checked.

(b) Time in which to file complete manifest and export declarationsEEI. Not later than the fourth business day after clearance from each port of lading in the vessel's itinerary, the master, or the vessel's agent on behalf of the master, shall deliver must submit to the director of each port a complete Cargo Declaration Outward with Commercial Forms, Customs CBP Form 1302-A1302A, in accordance with § 4.63, of the cargo laden at such port together with duplicate copies of all required shipper's export declarations all required EEI filing citations, exclusions, and/or exemption legends for such cargo and a Vessel Entrance or Clearance Statement, Customs CBP Form 1300. The statutory grace period of four (4) days for filing the complete manifest and missing export declarations EEI begins to run on the first day (exclusive of any day on which the customhouse U.S. port of lading is not open for marine business) following the date on which clearance is granted.

(c) Countries for which vessels may not be cleared until complete manifests and shipper's export declarations EEI are filed. To aid the Customs Service CBP in the enforcement of export laws and regulations, no vessel shall will be cleared for any port in the following countries until a complete outward foreign manifest and all required shipper's export declarations EEI filing citations, exclusions, and/or exemption legends have been filed with the port director:

Albania

Bulgaria

Cambodia

China, People's Republic of

Cuba

Czechoslovakia

Estonia

German Democratic Republic (Soviet Zone of Germany and Soviet Zone sector of Berlin)

Hungary

Iran

Iraq

Laos

Latvia

Libya

Lithuania

Mongolian People's Republic

North Korea

Polish People's Republic (Including Danzig)

Rumania

South Yemen

Union of Soviet Socialist Republics

Viet Nam

[T.D. 87-187–1, 52 FR 255, Jan. 5, 1987, as amended by T.D. 91-6091–60, 56 FR 32085, July 15, 1991; T.D. 00-2200–22, 65 FR 16515, Mar. 29, 2000; CBP Dec. 17-06, 82 FR 32237, July 13, 2017]