Regulations last checked for updates: Nov 22, 2024
Title 19 - Customs Duties last revised: Sep 10, 2024
§ 115.25 - General.
The Certifying Authority shall, at the request of a manufacturer, evaluate containers for approval by design type during the manufacturing stage.
§ 115.26 - Eligibility.
Any manufacturer of containers to be manufactured in a type series from standard design and specifications so that each container has identical characteristics, may apply for approval by design type.
§ 115.27 - Where to apply.
A manufacturer may apply for approval of a container by design type to a Certifying Authority of the country in which the container is manufactured if such country is a contracting party to the TIR Convention, 1975, or the Customs Convention on Containers, 1972.
§ 115.28 - Application for approval.
Each application by a manufacturer or an owner for certification of a container by design type must include:
(a) Three copies, each no larger than 3 feet by 4 feet, of the customs and TIR/Container plan;
(b) Customs and TIR/Container plan number;
(c) Three copies of the specifications which include the following information:
(1) The name and address of the manufacturer and the owner; and
(2) A description of the container including the—
(i) Type of construction;
(ii) Dimensions;
(iii) Material of construction;
(iv) Coating system used;
(v) Identification marks and numbers; and
(vi) Tare weight;
(d) The location and date for inspection; and
(e) A statement signed by the manufacturer that:
(1) A container of the design type concerned is available for inspection and approval by the Certifying Authority before, during, and after the production run;
(2) Notification will be given to the Certifying Authority of each change in the design before adoption; and
(3) Each container will be marked with:
(i) The metal plate required in § 115.32;
(ii) The identification number or letter of the design type assigned by the manufacturer; and
(iii) The serial number of the container assigned by the manufacturer.
§ 115.29 - Plan review.
(a) A manufacturer or owner who wants containers to be approved by design type must submit the plans and specifications for the container to the Certifying Authority.
(b) The Certifying Authority examining the plans and specifications submitted in accordance with paragraph (a) of this section shall:
(1) Approve the plans and specifications in accordance with the requirements of § 115.30 and arrange to inspect a container in accordance with § 115.31; or
(2) Advise the applicant of any necessary changes to be made for compliance with the requirements of § 115.30.
(c) If changes in the design of the container are made during production but after approval of the plans and specifications by the Certifying Authority and furnish it with “as-built” drawings of the container so that the plans can be reviewed and one or more containers inspected during the production stage to confirm that they continue to comply with the requirements of § 115.30.
§ 115.30 - Technical requirements for containers by design type.
The plans and specifications of a container submitted in accordance with the requirements contained in § 115.29, and the one or more containers inspected in accordance with the requirements of § 115.31, must comply with the requirements of Annex 7 of the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention), November 14, 1975 (TIAS), and Annex 4 of the Customs Convention on Containers (Container Convention), December 2, 1972. Copies of Annex 7 and Annex 4 may be obtained from the Headquarters, U.S. Customs Service, Office of Field Operations, 1300 Pennsylvania Avenue, NW., Washington, DC 20229.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
§ 115.31 - Examination, inspection, and testing.
(a) Before the issuance of a certificate of approval by design type, the Certifying Authority shall:
(1) Make a physical examination of one or more containers of the production series concerned;
(2) Assure itself as to the adequacy of the manufacturer's system to control quality of materials used, manufacturing methods, and finished containers; and
(3) Require the manufacturer to make available to the Certifying Authority records of material, including affidavits furnished by suppliers.
(b) The Certifying Authority shall conduct such examinations, inspections, and tests of the production run containers as it deems necessary.
§ 115.32 - Approval plates.
The manufacturer shall affix, in a clearly visible place on or near one of the doors or other main openings of each container manufactured to the approved design, a metal approval plate measuring at least 20 by 10 centimeters (7.8 by 3.9 inches). The following shall be embossed on or stamped into the surface of the approval plate:
(a) “Approved for transport under Customs seal.”
(b) “USA/(number of the certificate of approval)/(last two digits of year of approval).” (e.g. “USA/1600/84” means “United States of America certificate of approval number 1600, issued in 1984).” A two digit alpha suffix may be added to the certificate of approval number to identify the Certifying Authority, e.g., USA/1600-AB/85, USA/1600-IB/85.
(c) Identification of the type of container and of the number of the container in the type series.
(d) The serial number assigned to the container by the manufacturer (manufacturer's number).
§ 115.33 - Termination of approval.
Any container, the essential features of which are changed, shall no longer be covered by the design type approval. Such a container may be made available to a Certifying Authority for inspection and individual approval in accordance with subpart D of the part. However, repairs in kind do not constitute a change of the essential features.
authority: 5 U.S.C. 301,
19.S.C. 66, 1624; E.O. 12445 of October 17, 1983
source: T.D. 86-92, 51 FR 16161, May 1, 1986, unless otherwise noted.
cite as: 19 CFR 115.28