§ 18.4a - Containers or road vehicles accepted for transport under customs seal; requirements.

§ 18.4a Containers or road vehicles accepted for transport under customs seal; requirements.

(a)

(1) Containers covered by the Customs Convention on Containers shall be accepted for transport under Customs seal (see § 18.4) if

(i) durably marked with the name and address of the owner, particulars of tare, and identification marks and numbers, and

(ii) constructed and equipped as outlined in Annex 1 to the Customs Convention on Containers, as evidenced by an accompanying unexpired certificate of approval in the form prescribed by Annex 2 to that Convention or by a metal plate showing design type approval by a competent authority.

(2) Containers carrying merchandise covered by a TIR carnet shall be accepted for transport under Customs seal (see § 18.4) if

(i) durably marked with the name and address of the owner, particulars of tare, and identification marks and numbers,

(ii) constructed and equipped as outlined in Annex 6 to the TIR Convention, as evidenced by an accompanying unexpired certificate of approval in the form prescribed by Annex 8 to that Convention, or by a metal plate showing design type approval by a competent authority, and

(iii) if the container or road vehicle hauling the container has affixed to it a rectangular plate bearing the letters “TIR” in accordance with Article 31 of the TIR Convention.

(b) Road vehicles carrying merchandise covered by a TIR carnet shall be accepted for transport under Customs seal if

(1) durably marked with the name and address of the owner, particulars of tare, and identification marks and numbers,

(2) constructed and equipped as outlined in Annex 3 to the TIR Convention, as evidenced by an accompanying unexpired certificate of approval in the form prescribed by Annex 5 to that Convention, or by a metal plate showing design type approval by a competent authority, and

(3) if the road vehicle has affixed to it a rectangular plate bearing the letters “TIR” in accordance with Article 31 of the TIR Convention.

(c) The port director may refuse to accept for transport under Customs seal a container or road vehicle bearing evidence of approval if, in his opinion, the container or road vehicle no longer meets the requirements of the applicable Convention.

(d) Containers or road vehicles which are not approved under the provisions of a Customs Convention may be accepted for transport under Customs seal only if the port director at the port of origin is satisfied that

(1) the container or road vehicle can be effectively sealed and

(2) no goods can be removed from or introduced into the container or road vehicle without obvious damage to it or without breaking the seal. A container or road vehicle so accepted shall not carry merchandise covered by a TIR carnet.

[T.D. 71-70, 36 FR 4486, Mar. 6, 1971, as amended by T.D. 89-1, 53 FR 51254, Dec. 21, 1988]