[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR141.112]



[Page 41-42]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 141_ENTRY OF MERCHANDISE--Table of Contents

 

                    Subpart H_Release of Merchandise

 

Sec.  141.112  Liens for freight, charges, or contribution in general 

average.



    (a) Definitions. The following are general definitions for the 

purposes of this section:

    (1) Freight. ``Freight'' means the charges for the transportation of 

the goods from the place of shipment in the foreign country to the final 

destination in the United States.

    (2) Charges. ``Charges'' means the charges due to or assumed by the 

claimant of the lien which are incident to the shipment and forwarding 

of the goods to the destination in the United States, but does not 

include the purchase price, whether advanced or to be collected, nor 

other claims not connected with the transportation of the goods.

    (3) General average. ``General average'' means the liability to 

contribution of the owners of a cargo which arises when a sacrifice of a 

part of such cargo has been made for the preservation of the residue or 

when money is expended to preserve the whole. It only arises from 

actions impelled by necessity.

    (4) Claimant. ``Claimant'' means a carrier, customs broker or the 

successors or assigns of either.

    (b) Notice of lien. A notice of lien for freight, charges, or 

contribution in general average pursuant to section 564, Tariff Act of 

1930, as amended (19 U.S.C. 1564), shall be filed with the port director 

on Customs Form 3485, signed by the authorized agent of the claimant and 

certified by him.

    (c) Preliminary notice of lien for contribution in general average. 

When the cargo of a vessel is subject to contribution in general 

average, a preliminary notice thereof may be filed with the port 

director and individual notices of lien filed thereafter. Upon receipt 

of a preliminary notice, the port director shall withhold release of any 

merchandise imported in the vessel for 2 days (exclusive of Sunday and 

holidays) after such merchandise is taken into Customs custody, unless 

proof is submitted that the claim for contribution in general average 

has been paid or secured.

    (d) Merchandise entered for immediate transportation. A notice of 

lien upon merchandise entered for immediate transportation shall be 

filed by the claimant with the port director at the destination.

    (e) Limitations on acceptance of notice of lien. A notice of lien 

shall be rejected and returned with the reason for rejection noted 

thereon if it is filed after any of the following actions have been 

taken concerning the merchandise:

    (1) Release from Customs custody;

    (2) Forfeiture under any provision of law;

    (3) Sale as unclaimed or abandoned merchandise under section 491 or 

559, Tariff Act of 1930, as amended (19 U.S.C. 1491 or 1559); or

    (4) Receipt and acceptance of a notice of abandonment to the 

Government under section 506(1) or 563(b), Tariff Act of 1930, as 

amended (19 U.S.C. 1506(1) or 1563(b)).



[[Page 42]]



    (f) Forfeited or abandoned merchandise. The acceptance of a notice 

of lien shall not in any manner affect the order of disposition and 

accounting for the proceeds of sales of forfeited and abandoned property 

provided for in Subpart D of part 127 and Sec. Sec.  158.44 and 162.51 

of this chapter.

    (g) Bond may be required. When any doubt exists as to the validity 

of a lien filed with the port director, he may require a bond on Customs 

Form 301, containing the bond conditions set forth in Sec.  113.62 of 

this chapter, to hold him harmless from any liability which may result 

from withholding the release of the merchandise.

    (h) Satisfaction of lien. The port director shall not adjudicate any 

dispute respecting the validity of any lien, but when the amount of such 

lien depends upon the quantity or weight of merchandise actually landed, 

the port director shall hold the lien satisfied upon the payment of an 

amount computed upon the basis of the official Customs report of 

quantity and weight. In all other cases, proof that the lien has been 

satisfied or discharged shall consist of a written release or receipt 

signed by the claimant and filed with the port director, showing payment 

of the claim in full.



[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-114, 39 

FR 32023, Apr. 3, 1974; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 

88-7, 53 FR 4962, Feb. 19, 1988; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]