PART 114—CARNETS Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624. Source: T.D. 70-134, 35 FR 9261, June 13, 1970, unless otherwise noted. § 114.0 Scope. This part is concerned with the use of international Customs documents known as carnets. It also contains provisions concerning the approval of associations to issue carnets in the United States covering merchandise to be exported and to guarantee carnets issued abroad covering merchandise to be imported. The carnet serves simultaneously as a Customs entry document and as a Customs bond. Subpart A—General Provisions § 114.1 Definitions. The following are general definitions for the purpose of part 114: (a) Commissioner. (b) Issuing association. (c) Guaranteeing association. (d) A.T.A. carnet. (e) [Reserved] (f) TIR carnet. (g) TECRO/AIT Carnet. [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 71-70, 36 FR 4490, Mar. 6, 1971; T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 85-180, 50 FR 42517, Oct. 21, 1985; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.2 Customs Conventions and Agreements. The regulations in this part relate to carnets provided for in the following Customs Conventions and Agreements: (a) Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods (hereinafter referred to as A.T.A. Convention). (b) [Reserved] (c) Customs Convention on the International Transport of Goods Under Cover of TIR Carnets, done at Geneva on November 14, 1975, as well as the 1959 TIR Convention, TIAS 6633. (d) Agreement Between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan on TECRO/AIT Carnet for the Temporary Admission of Goods (hereinafter referred to as the Agreement). [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 85-180, 50 FR 42517, Oct. 21, 1985; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.3 Carnets. (a) Use. (1) Show the period for which it is valid, (2) Be fully completed in accordance with the provisions of the Convention or Agreement which provides for its issuance, and (3) Include an English translation whenever the goods covered by a carnet are described in another language. (b) Area of validity. [T.D. 71-70, 36 FR 4490, Mar. 6, 1971, as amended by T.D. 98-10, 63 FR 4168, Jan. 28, 1998] Subpart B—Issuing and Guaranteeing Associations § 114.11 Approval. (a) Documents to be furnished. (b) Publication of notice of approval. Federal Register [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 71-70, 36 FR 4490, Mar. 6, 1971; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.12 Termination of approval. (a) For cause. (b) Withdrawal. (c) Notice. Federal Register [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 71-70, 36 FR 4490, Mar. 6, 1971] Subpart C—Processing of Carnets § 114.21 Acceptance. A carnet executed in accordance with § 114.3 shall be accepted provided that when the carnet is presented an association for the guaranteeing of such carnets has been approved in accordance with § 114.11 and such approval has not been terminated as provided for in § 114.12. § 114.22 Coverage of carnets. (a) A.T.A. carnet. (1) The Customs Convention on the Temporary Importation of Professional Equipment, or (2) The International Convention to Facilitate the Importation of Commercial Samples and Advertising Material, which includes: (i) Commercial samples, or (ii) Motion picture advertising films not exceeding 16 mm., consisting essentially of photographs (with or without sound track) showing the nature or operation of products or equipment whose qualities cannot be adequately demonstrated by samples or catalogs. There shall be presented with each carnet covering motion picture advertising films a statement showing how each of the following requirements is met. The films must: (A) Relate to products or equipment offered for sale or for hire by a person established in the territory of another contracting party; (B) Be of a kind suitable for exhibition to the public; and (C) Be imported in a packet which contains not more than one copy of each film and which does not form part of a larger consignment of films. (b) [Reserved] (c) TIR carnet Use. (2) Taken on charge. (d) TECRO/AIT carnet Use. (i) Professional equipment; and (ii) Commercial samples and advertising material imported for the purpose of being shown or demonstrated with a view to soliciting orders. (2) Issue and use. (ii) The period fixed for re-exportation of goods imported under cover of a TECRO/AIT carnet shall not in any case exceed the period of validity of that carnet. (e) Excess liability. [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 71-70, 36 FR 4490, Mar. 6, 1971; T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.23 Maximum period. (a) A.T.A. carnet. (b) TIR carnet. (c) TECRO/AIT carnet. [T.D. 71-70, 36 FR 4491, Mar. 6, 1971, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 85-180, 50 FR 42517, Oct. 21, 1985; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.24 Additions. When an A.T.A. or TECRO/AIT carnet has been issued, no extra item shall be added to the list of goods enumerated on the reverse of the cover of the carnet or on any continuation sheet annexed thereto. [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.25 Replacement of carnets. In the case of destruction, loss, or theft of an A.T.A. or TECRO/AIT carnet while the goods which it covers are in the Customs territory of the United States, the director of the port where such goods were imported may, upon request of the association which issued the carnet abroad, accept a replacement document, the validity of which expires on the same date as that of the carnet which it replaces, provided the port director determines that the description of merchandise in the replacement document fully corresponds to the description set forth in the importation voucher from the carnet to be replaced. [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.26 Discharge, nonacceptance, or cancellation of carnets. (a) Unconditional discharge. (b) Effect of discharge. (c) Nonacceptance or cancellation of TIR carnets. [T.D. 71-70, 36 FR 4491, Mar. 6, 1971, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] Subpart D—Miscellaneous § 114.31 Restrictions. (a) Mail importations. (b) Temporary importations. (c) Transportation in bond. [T.D. 71-70, 36 FR 4491, Mar. 6, 1971, as amended by T.D. 85-180, 50 FR 42517, Oct. 21, 1985; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.32 Samples for taking orders. A.T.A. or TECRO/AIT carnets may be accepted for unaccompanied samples and samples imported by a natural person resident in the Customs territory of the United States, as well as for samples imported by a natural person resident in the territory of another contracting party to the A.T.A. Convention or TECRO/AIT Agreement. [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.33 Action against carnet user. In the event of fraud, violation, or abuse of the privileges of a Convention or Agreement, action may be taken against the users of carnets for applicable duties and charges or liquidated damages, as the case may be. Penalties to which such persons have thereby rendered themselves liable may also be imposed. [T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 98-10, 63 FR 4168, Jan. 28, 1998] § 114.34 Cancellation of erroneous charges. (a) TIR carnet. (b) A.T.A. or TECRO/AIT carnet. (c) Determination dependent upon a construction of law. [T.D. 74-227, 39 FR 32023, Sept. 4, 1974, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 98-10, 63 FR 4168, Jan. 28, 1998; T.D. 00-57, 65 FR 53575, Sept. 5, 2000]