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HQ 110261


July 24, 1989

VES-8-2:CO:R:P:C 110261 RAH

CATEGORY: CARRIER

Mr. R.M. Short
Thornley & Pitt, Inc.
Custom House Brokers
48 Gold Street
San Francisco, California 94133

RE: Customs Forms 1300 and 1301

Dear Mr. Short:

This is in response to your letter of May 19, 1989, requesting a ruling regarding signatures pertaining to Customs Forms 1300 and 1301.

FACTS:

Customs received a letter dated May 19, 1989, from R.M. Short of Thornley & Pitt, Inc., Custom House Brokers, requesting a ruling on the required signatures on Customs Forms 1300 and 1301.

ISSUES:

(1) Who is authorized to sign the Oath on Preliminary Entry on Customs Form 1300?

(2) When a vessel makes formal entry, do documents pertaining to items 17-22 on Customs Form 1301 have to be signed?

LAW AND ANALYSIS:

The procedure for formal entry of american and foreign vessels is set out in 19 U.S.C. 1434-1435 and 19 C.F.R. 4.9. These provisions provide in pertinent part that the master of a vessel of the United States, arriving from a foreign port or place shall, within forty-eight hours after its arrival, make formal entry of the vessel at the customhouse by producing and depositing a manifest with the appropriate customs officer.

In accordance with section 431, Tariff Act of 1930 (19 U.S.C. 1431(a)) and 19 C.F.R. 4.7, the manifest shall be in a form to be proscribed by the Treasury and signed by such master under oath as to the truth of the statement therein contained and shall consist of a Master's Oath on Entry of Vessel in Foreign Trade (Customs Form 1300), and a General Declaration (Customs Form 1301).

First we will address the Master's Oath on Entry of Vessel in Foreign Trade, Customs Form 1300. Upon formal entry of an american or foreign vessel, the required oath on entry shall be executed on Customs Form 1300 and may be signed by the master, licensed deck officer or purser. 19 U.S.C. 1434; 19 C.F.R. 4.9. This is evidenced on the face of the form which provides in item 10 for the "Signature of Master, Licensed Deck Officer or Purser." Furthermore, section 4.9(e) of the Customs Regulations states in part: "[T]he required oaths, related documents, and other papers executed by the master or other proper officer may be delivered at the customhouse by the vessel agent or other personal representative of the master."

On the other hand, Customs Form 1300 regarding the Master's Certificate on Preliminary Entry provides only a place for the master's signature. Title 19 C.F.R. 4.8 states in part: "[P]reliminary entry shall be made by compliance with 4.30 and execution by the master of the Master's Certificate on Preliminary Entry on Customs Form 1300." Headnote 18 to 19 C.F.R. 4.8 states in its entirety:

[T]he master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel's manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse as provided by this act.

Lastly, with regard to the General Declaration, Customs Form 1301, we are asked if items 17-22 contained thereon have to be signed when a vessel makes formal entry. Title 19 C.F.R. 4.7., states in part: "Any document which is not required may be omitted from the manifest provided the word "None" is inserted in item 17-22 of the General Declaration, as appropriate." This statement is also contained on the face of Customs Form 1301, and means that when item 21 on this form is properly executed, Customs Forms 1302 and 1302(A) (Cargo Declaration), 1303 (Ship's Stores Declaration) and 1304 (Crew's Effects Declaration) must be submitted as required, but need not be separately executed. On the other hand, if item 21 of the General Declaration is not signed, then Customs Forms 1302, 1302(A), 1303 and 1304 must be separately executed.

HOLDING:

Upon formal entry of a vessel, Customs Forms 1300 and 1301 must be submitted as part of the manifest. If item number 21 on the General Declaration (Customs Form 1301) is signed by the master, authorized agent or other proper officer, Customs Forms 1302, 1302A, 1303 and 1304 must be submitted, if required, but need not be signed. On the other hand, if item number 21 on the General Declaration is not signed, each of the above forms must be signed. With regard to Customs Form 1301, only the master is authorized to sign the Certification on Preliminary Entry.

If you have any further questions regarding this matter, please do not hesitate to contact our office.

Sincerely,

B. James Fritz
Chief

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