ti ere Lauren is - 4 ae hes RRR er are Tae SPST ISTO Neer eT CET EM TET SI ET Ne eer eee os [ eS Msbchttshes Costdrain Eh aieiurarsibtie L SAA rA alee JCP U EER Mares rund ere ueod Ur eel aur Pee Lu UEP Ge EAE RUr RL PLCURR EIU Unk oS eis UO oa bo na eg ab ca FP irs Raced ad cba ae pee be kerb Re bor a cbkasaahaaseul keurureie hee sepelisnlostiseseakutaniasotegraagasasonefeaascnashgeibtagtehtets Saha naeaapare popeoel a casastiyaasaldnetitie tices Sibel os arkacd cecaccartacay Ak C0 LIMA pass na fd Rae LDetenals sbibshitala sede Sededeshalscglsu beisatitseasee tata Reece ane Seolioeeet JUG Gr OF UC UU UU ohe er siprpcd ied iret ad = Huu OG 6) Gh Ges taben Uhlp Lind Unica h a paa Mepaick Ur hdgiedy haan Sad od sascha ei Hai Or uedb lb abide aiulnaeehi ken. Uige of pidida unre ALCL La YU Mrs spk eect cag, i donheecant SLi sia ArL LL EE eL Ceara eH Ab Abed ytlbake tod oye rbeenta shUbbe aes Lireniklihguad Pb areg cis chine ticeedcaneees ! USSU ret ia Unie ererriH sa distr nse Cem aren reer Uber Oc prUaEE Ghat Anerbind Laer khan bh Araneae eb bisa kc ce + ces sled asi Letrga ce rekon yc car ba ed hha de Ort th abeb ee tok ae: aR APLIAILELAC eraser eer nt Und UP ashe eL EL Red dre 9 Ler ngk ck iinet uid eereisian Un enrihisitrid Unease Lm aie bana epoca dierent, eR Oren Uta a: PPPrTeReeeestraeer ener ssn? - Seeeartcacnce tn tren terre ns sated sa sieq seach sas ee Tia sie eeSEh! WMS TS ay Hyatt eral RAka-ue CAEN Sh pL Lhd sedehesbtenh nan) pAb Kern sateen ieteeenteneteny alalbaaiaeaial Hebebrieieleicrertimenitnerntperiresnsnt Msbaasiesidesekisesis sal aut iptenpceessaga evi calaguiseieaeneied dhaaaatoe deel anateyeaceset ties piplespinieteltisteinierelershersisrenebenecelr’ sy rater rr vrperererineneperreennn n vererey abs ~ Sreaerer ta MMe SHL Ad cacip baba abet rath Madu pror Uwrerlna chon Ger abee Cred Ure Ure rareiod opera a daca cee SEALER POL Gay Fa Ci adi (roe Ghee ka aera Md Per adhe weeded ad bg MUN LOU Ur Lieto kd SAREE A Rd Sy Leb ara ayy seechlotaienitafngetegtaceanie geecis cate sees Taesshirententiaatate ea tata ate itsaae tnbcondecesnufeancaecanseanfunar gic ftiiyiereraentanesrcrtoteg figs cease a pattie ssineathtiettiieleitiaaaaa dite anata atest et eens Gistia aisha staal fatepessese et branes thetreaieig Eh breschii aaa Wrortrdlb ururuniae Were: SESE EV ETT AY LLLP LPOPEORERE RTS 8% : Piaeeiain ade Ret et 1 send are a i A a Aled ad as de Ly dD shyt baa Hina vaya Cornell Law School Library Cornell University Library iia s regulations of the ‘iil il us TREASURY DEPARTMENT i DIVISION OF CUSTOMS > CUSTOMS REGULATIONS OF THE UNITED STATES PRESCRIBED FOR THE INSTRUCTION AND GUIDANCE OF CUSTOMS OFFICERS ~ EDITION OF 1915_ WASHINGTON GOVERNMENT PRINTING OFFICE.” 1915 TREASURY DEPARTMENT, Document No. 2748. Secretary. ORDER OF PUBLICATION. Treasury Department, August 13, 1915. The following regulations are published for the instruction and guidance of all officers and employees of the customs. This volume is to be known and cited as the “ Customs Regulations of 1915.” References thereto in official correspondence are to be made to the article number and not to the chapter or page. Collectors and other chief offiGtts of ‘tle customs are instructed to require all officers and employees under their jurisdiction to famil- jarize themselves with these regulations, and particularly with those portions thereof pertaining to the specific duties to which such officers -or employees are assigned. These regulations are to be strictly observed and followed by all officers and employees of the customs unless compliance be expressly waived in writing by the department. W. G. McAvoo, Secretary of the Treasury. 3 CONTENTS. (See index at the beginning of each chapter.) CHAPTER I. Articles. CUSTOMS COLLECTION DISTRICTS AND PORTS OF ENTRY_-________________ 1-7 CHAPTER II. VESSELS, CLASSIFICATION AND DOCUMENTATION ___-----_---.----_-__ 8-84 CHAPTER III. FoREIGN AND COASTING TRADE BY SEA AND WATERS OF THE FRONTIERS: Arrival: ‘and. entry... 25. vt es oo ee eee ess 85-113 Duties upon tonnage esse a Nie ase 114-119 Landing of carg0)_- = 240202 oe ee nee 120-140 Garridgeof passengers: 52-2 ee ses 141-147 Foreign clearances ase: 148-162 Coasting trade and fisheries ___.__________----__-_-----------.- 163-173 Trading on the northern frontiers______.-_--____-_-------_----- 174-186 Pilotage 187-189 CHAPTER IV. CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND PANAMA CANAL ZONE --- 190-201 CHAPTER V. INVOICES, ENTRY AND ASSESSMENT OF DUTIES: TNVO1CCS i225 ote A Sa ee ee -- 202-214 Entry — ---. 215-231 Assessment of duties ae - 282°284 Entry for consumption 235-238 Entry for warehouse_____-----__-------------_ --- 239-246 Combined entry for warehouse and immediate exportation______ 247-251 Entry for rewarehouse 252-257 Combined entry for rewarehouse and withdrawal for consump- tion i nets 258-259 Combined entry for rewarehouse and withdrawal for immediate exportation 260-261 Withdrawal entry at original and secondary ports for consump- tion oie 262-266 Withdrawal entry at original and secondary ports for exporta- ‘ tion aes utes 267-275 Entry and sampling of zinc and lead bearing ores not for smelt- ing in bond bce! 276 Landing and delivery of articles for which immediate delivery is necessary aa 277-281 Packed - packa pes. 32040022 22cu 222 ous soe eee et eens 282-284 Special-delivery packages__________._--_--------------------- 285-292 Informal “@ntMies.2. 2. 264351225 iol eel oe eed Soe os 293-294 Disposition of entries_______-_____---_--------_-----------_--- 295 CHAPTER VI. IMPORTATIONS BY MAIL____----.--------_-_--_--_--_---------__--- 296-331 CHAPTER VII. CONDITIONALLY FREE ENTRIES : Domestic products exported and returned______________________ 332-345 Household effects__ nel 346-351 Passengers’ baggage : 352-375 Diplomatic and consular officers_____._______-___.-.---_---- ee 376-377 Articles free under six months’ bond______--__________-___-___ 378-385 . 6 CONTENTS. CoNDITIONALLY FREE ENTRIES—Continued. Articles for institutions______ Sao 22S IWOLKS:Ob Abbo2 22 ou BS ete See he oe epee oe Oils. Pe ree eee Bolting and press cloths.______________-_-___-__-_-_-------+-------- Materials for construction and repair of vessels—Outfit and @qUipMeiit’.22 coe eee eee ue eek Withdrawal of supplies for merchant vessels of the United le eee eatin as icaduntae ncn ee el aor cw eit! a Withdrawal of supplies for foreign vessels of war_-_----------- Dining-car supplies on international trains___-_____-___-_---_---- Articles exported for exhibition ate Automobiles—Teams and other vehicles—Locomotives______-~_- Theatrical effects—Moving-picture films—Commercial travelers’ samples eee ee a Samples of no commercial value_______------------------------ Animals—Pure-bred—Straying—Wild —____ plete keatrle JAS as Products of American fisheries__________-__------+------------- Grain from Canada to be ground and returned_______---_------ CHAPTER VIII. PACKING, STAMPING, AND MARKING—TRADE-MARKS—COPYRIGHTS : Packing’ and. stamping: 22-252 soscss ose sek e nesses Marking country of origin... 222-2... een ee eee Trade-mmarks and trade nanies.....-..ssssssenscce sence pe wcesee Copyrights — CHAPTER IX. EXAMINATION, CLASSIFICATION, AND DISPOSITION OF SPECIAL CLASSES OF MERCHANDISE: Foods, drugs, insecticides, and fungicides. Se Procedure at laboratory ports s eee Procedure at nonlaboratory ports. Inspection and disposition of meat and meat food products____-~- rPlants and nursery stock 30 on ee ee Seeds adulterated or unfit for seeding purposes____-----___----- Viruses, serums, and toxins for treatment of domestic animals___ Viruses, serums, and toxins for treatment of man__-___--__--~--- Inspection and quarantine of animals—Hides, feedstuffs, and rags_ Wild animals, insect pests, and birds____-__-_------_____________- Entry and examination of teas__-_-------------_-----_-_------ Sugar suieeewem Eo ee ea a ese eee, White phosphorous matches__-____________-___.__-____________ Birds’ efe¢¢ avid. plumage... 3 ee eecene MUP SKINS 252035 Abo o het eee ea eee Opniiis.<£u <5 ooh nt oe oe eet et Lee oe Soe Miscellaneous prohibited articles. ee CHAPTER X, APPRAISEMENT. = CHAPTER XI. ‘RELIEF FROM DUTIES ON MERCHANDISE DESTROYED, INJURED, ABANDONED, OR SHORT-SHIPPED: Casualty NOMI DORA lO = 22 a oa eo ee ee ee Se he Abandonment... 2-222 2s2eo see ee Eixcessive: moisttres. sso ese ie ee ee SHOrtages was2-.2s-2 theese Lee sce, CHAPTER XII. LIQUIDATION OF DUTIES CHAPTER XIII. PROTEST AND REVIEW BY BOARD OF GENERAL APPRAISERS, COURT OF CustToMs APPEALS, AND UNITED STaTES SUPREME CoURT___-_-___-_~ Articles. 3886-3892 393-400 401-402 408 404-409 410-414 415 416 417-420 421-426 427-428 429-430 431-485 436-437 438-441 442-449 450-451 452-457 458-461 462-466 467-476 477 478-483 484-490 491-500 501-503 504-506 507-512 513 514-531 532 533-536 537-538 539-544 545-549 550-560 561-594 595-599 600-601 602-604 605-606 607-614 615-640 641-658 CONTENTS. q CHAPTER XIV. TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT: Articles. General provisions __.__________-__--_--_-._...------ _- 659-669 Immediate transportation without appraisement___._.___________-_ 670-683 Entry for warehouse and immediate transportation____._________ 684-686 Entry for rewarehouse and immediate transportation_________-_ 687 Warehouse and rewarehouse withdrawals for transportation____ 688-692 Warehouse withdrawals for transportation and exportation_____ 693 Merchandise in transit through the United States to foreign ; countries _____ ---. 694-697 Merchandise arriving from a contiguous country in sealed cars_. 698-701 Merchandise in transit between ports of the United States through contiguous foreign territory____________.____--------. 702-705 Merchandise in transit between ports of Canada and Mexico through the United States 706-708 CHAPTER XV. BONDED WAREHOUSES AND CONTROL OF MERCHANDISE THEREIN : Classification, 2.222.204 .ceceneeweue on ee ee eee eee eetes, 7 709 Storage. warehouses’... -- 20-2522 ssp e ee aes, 710-731 Toien's ‘for freight. == 2 ee ee es eee ee sce eee 732-741 ACCOUNTS 622 == 5255 5255 ee ee es 742-7146 Manufacturing warehouses____------_----------_------------- T47-T73 Cigar manufacturing warehouses____________-_-_-------------- TT4-T78 Smelting and refining warehouses____________.____---__-__-_-- 719-787 Smelting and refining of lead_____--_-__---------------------- 788-798 Smelting Of Zine! 2 2-25 hos ee ee ein 799-800 Storage: Of tea-o---2--- 23225-65245 s 5h sass ease oneness 801 CHAPTER XVI. DISPOSITION OF MERCHANDISE UNCLAIMED OR IN WAREHOUSE BEYOND THRER! VWARS ose =e See eee ee ee es eee te 802-822 CHAPTER XVII. CARTAGE AND LIGHTERAGE____.-_----------------------------------- 828-835 CHAPTER XVIII. DRAWBACK: Merchandise exported in condition as imported____________-_ 836-854 On articles manufactured or produced wholly or in part from imported materials______--_--_ stages Cas 855-881 On flavoring extracts, medicinal or toilet preparations manufac- tured from tax-paid domestic alcohol_______-___________-___ 882-886 Articles exported free of internal-revenue tax or with refund of said tax Sas Base 887 Mail importations______----------_____7___--_---------------__- 888 Procedure at ports of entry and headquarters ports__._________ 889 CHAPTER XIX. TQNFORCEMENT OF THE CUSTOMS-REVENUE LAWS—FINES, PENALTIES, AND FORFEITURES : General, provisions 2522. ose eee cee ee cece ese eee 890-898 PrOCCOUIC 222) a2 eunn oe Seca a a 899-931 Awards of compensation __________-___--_----- 932-936 Offenses against the administration of the customs____________ 937-944 CHAPTER XxX. RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS AND ACCOUNTING THERE- FOR: Re@GGlDtS2 2223 onc Sts eee 2a So ei oN ee Ee 945-957 Disbursements-_-_ Seow ecbu nese oes 958-971 Financial records and rendering accounts-___--_-_-_-_---______ 972-979 FEES ~_--~--- = De ee ee 980-983 8 CONTENTS. CHAPTER XXII. CUSTOMS BONDS: Articles. Classes Z 984 Bonds approved by the department_.________________-_____---_- 985 Bonds approved by collectors___._-____________________ 986-995 Cancellation of bonds_______-_______________ 996-1004 CHAPTER XXIII. REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS_______-____----------- 1005 CHAPTER XXIV. RETURNS TO THE BUREAU OF FOREIGN AND DomESTIC CoMMERCE, DE- PARTMENT OF COMMERCE: General provisions ________-_-___..___-----------_------_----- 1006-1014 Imports at = 1015-1021 Exports soe set = ses eee ee eee 1022-1029 Exports by railways, highways, and ferryboats______----------- 1030-1045 The intransit and transshipment, Panama Canal and noncon- tiguous territory, trade________ 1046-1049 Entrances and clearances of vessels in the foreign trade____-____ 1050-1055 Internal commerce in the lake trade__--__-_____-------------_- 1056-1059 CHAPTER XXyV., GENERAL DUTIES AND POWERS OF CUSTOMS OFFICERS : General provisions _____-_--_--_--_-___-------_----+--+---------- 1060-1062 Whe: COMeCtON 222-2422 ea et ted eee eee 1063-1069 The Ts Val. Off Cet: 2522 oe ec ee ee ee ee ee 1070-1071 The surveyor_____ aad nat ok nal a ek ere ca ets 1072-1073 Inspectors of customs________---_---------_------------------ 1074-1092 Customs guards and night inspectors__________-___--_---__--_- 1093 (WiGIS NETS: - 1 bea on eet band Ath oe ee ae Nhs ds Seon 1094-1111 Gaugers.o222 2-2 oe oe case Sea esc oaee Sasa sce 1112-1119 ‘The: “ap PraiS@r 2.) os ke es ees 1120-1126 General. Gppralsersis.. 2 sos senses sees ete sees 1127 Assistant Attorney General in charge of customs____--_------__ 1128 Special agency service... -=2---2i2-essss 25sec e ste seeess 1129-1137 Customhouse brokers_____-___-------.---------_~-------___-.-- 1138 CHAPTER XXVI. PERSONNEL OF THE CUSTOMS SERVICE: Presidential appointments___._-_-----_____---_----_----------- 1139-1140 Subordinate appointments in the customs service______________ 1141-1152 Promotions. 25 a ass Santas ee eee eee seen ce 1153-1154 Removals, demotions, suspensions, and vacancies___-_____-_____ 1155-1161 Immunity and privileges of customs officers___-__----_____--_-_ 1162-1169 Disabilities of customs officers_____--_-_--------------------_.- 1170-1179 Hours of business and service_____-_---_-------------_-__-__-- 1180-1181 Omice -TuleS-= 22a sche Ss Ss cee eee 1182-1186 CHAPTER XXVII. PUBLIC PROPERTY, RENTED PREMISES, SUPPLIES, AND OFFICIAL CORRE- SPONDENCE : Publie buildings......-=-.-=-----2222- S220 22a eee seks 1187 Rented premises ae pons 1188-1191 Public property =..- 0 2- e 1192-1196 Stationery. eter Sassi ees ereeerecel ees 1197-1202 Advertising... o- s22sse see ee ee ees een ses et eee 12038 Blank: forms = =-s-----+3-.2223 eo 6 8 2s eee ocstececsasee 1204-1207 Import stamps___------------------------------------------- 1208 Transportation charges___-----__---------_----_---------- ete 1209 .Preparation of official communications_______________.---_-__-_ 1210-1213 TelegraMS.. ooo 3s sea Hae sh ees eesees see Sees eese 1214-1216 CUSTOMS REGULATIONS. CHAPTER I. CUSTOMS COLLECTION DISTRICTS AND PORTS OF ENTRY. Art. Art. 1. Customs districts and ports. 5. Alphabetical list of ports. 2. Port of entry—definition. 6. Merchandise not to be entered or 3. Alphabetical list of customs dis- delivered, except at ports of tricts. entry, unless at the expense of 4. Customs-collection districts by num- parties in interest. bers. 7. Regulation of harbors. Article 1. Customs districts and ports——There are 48 ,,#¢t Aug. 24, customs collection districts of the United States, which Ba include 1 in Alaska, 1 in Hawaii, and 1 in Porto Rico. 1913. The President is authorized from time to time, as the 33657. eget? exigencies of the service require, to rearrange by con- ,,A¢t Aug. 1, solidation or otherwise the several customs collection dis- 1. D. 34753. tricts, and to discontinue ports of entry by abolishing the same or establishing others in their stead, provided that the whole number of customs collection districts or ports of entry, or either of them, shall at no time be made to exceed those now established and authorized, except as may hereafter be provided by law. Art. 2. Port of entry—Definition—The term “port of entry,” as used in these regulations, refers to any place at which a customs officer is stationed with authority to enter and clear vessels and collect duties on imports. Art. 3. Alphabetical list of customs districts—The fol- 5 3/N,0"319: lowing is an alphabetical list of customs collection dis- tricts with their numbers. The first-named port in each district in capital letters is the headquarters port, and the asterisk preceding the name of a port indicates that marine documents may be issued at such port. No.| District. Boundary. Ports. 81 | Alaska...... All of the Territory of Alaska.......-..-..-... ied Dee Ue agle. Ketchikan. *Cordova. Sulzer. *St. Michael. | *Ska; ’ *Unalaska. ; ‘Wrangell. ~ Fortymile. Fairbanks. *Nome. 10 CUSTOMS COLLECTION DISTRICTS. 34 24 18 District. Boundary. Ports. Buffalo_...._ Colorado. .-. Connecticut. Duluth and Superior. Florida... ... Galveston... All of the State of Arizona............--------- All of the counties of Niagara, Erie, Cattarau- gus, and Chautauqua. All of the State of Illinois lying north of 39° north latitude and all that part of the State of Indiana north of 41° of north latitude. All of the State of Colorado.......-.-.-.------- D All of the State of Connecticut..........------ All of the States of North and South Dakota and the county of Kittsen in the State of Minnesota. Allof theState of Minnesota,except the county of Kittsen, lying north of 46° north latitude and all of the State of Wisconsin lying north of said latitude, and the Isle Royal, in the State of Michigan. All of the counties in the State of Texas lying along and contiguous to the Rio Grande River not included in the districts of Laredo and El Paso. All the counties of E] Paso and Culberson in the State of Texas and all of the State of New Mexico. All of the State of Florida and the north bank of the St. Marys River and the city of St. Marys, Ga. All of the State of Texas except the territory included in the districts of Sabine, Laredo, El Paso, and Eagle Pass. KNOGALES. Naco Douglas. *Yuma. *BUFFALO. *Niagara Falls. North Tonawanda (including Tona- wanda). Lewiston. Dunkirk. *CHICAGO. *Peoria. Michieane ity, tnd. ENVER. *BRIDGEPORT. Stamford. Greenwich. Norwalk. *Hartford. South Manchester. *New Haven. *New London. *Stonington. Middletown. *PEMBINA, N. DAK. Neche, N. Dak. Walhalla, N. Dak. Portal, N. Dak. St. John, N. Dak. Hannah, N. Dak. Sarles, N. Dak. Ambrose, N. Dak. Crosby, N. Dak. Souris, N. Dak. Antler, N. Dak. Sherwood, N. Dak. Hansboro, N. Dak. Noyes, Minn. _ St. Vincent, Minn. *DULUTH and SUPERIOR (in- etree ) West uperior). International alls. E EL PASO. Columbus, N. Mex. *TAMPA, *Jacksonville. +*Key West. Punta Gorda. Boca Grande. St. A ine. tGALVESTON (including Port Bolivar and Texas City). San Antonio. Dallas. *Houston. *Port Lavaca. CUSTOMS COLLECTION DISTRICTS. 11 District. Boundary. Ports. 17 32 40 44 42 13 ~ 38 Georgia... .. Hawaii...... Maine and NewHamp- shire. Maryland... Massachu- setts. Michigan. --. All of the State of Georgia except the north shore of the St. Marys River and the city of St. Marys. *ASAVANNAH. *Brunswick. Darien. Atl All of the Territory of Hawaii.............-.-. All of the State of Indiana lying south of 41° of north latitude. All of the State of Iowa.........-..--...2--6- -| All of the State of Kentucky..........-----.-- Allof the counties of Cameron, Hidalgo, Starr, Nueces, Zapata, Duval, Brooks. illacy, Jim Wells, Aransas, Webb, La Salle, Dim- mit, McMullen, Live Oak, Bee, Refugio, and San Patricio in the State of Texas. State of Maine and all of New Hampshire ex- cept county of Coos. To include all of the State of Maryland, the District of Columbia, and the county of Alexandria in the State of Virginia. Allofthe State of Massachusetts............-.- All of the State of Michigan...............-.-- Kaloa. +IN DIANA POLIS. *Evansville. *DES MOINES. *Sioux City. *Dubuque. *LOUISVILLE. *Paducah. ucah. *LA REDO. *Brownsville. Santa Maria. Rio Grande City. Roma. *Corpus Christi. *PORTLAND. Fort Fairfield. Houlton. Mars Hill. Van Buren. Madawaska. Monticello. Limestone. Fort Kent. Bridgewater. *Machias. Lubec. *Bath. Boothbay. Bangor. *Elisworth. Castine. *Southwest bor. *Rockland. Rockport. *V inalhaven. Lowelltown Holeb). *Belfast. *Portsmouth, N. H. ea Kit- tery, Me.). *BALTIMORE. Annapolis. & *Crisfield. EW ion, D.C. +A lexan , Va. *BOSTON. *Gloucester. Salem (including Beverly, Marble- head,and Lynn). *Provincetown. Barnstable. *Plymouth. *Vineyard Haven. *Fall River. *New Bedford. Worcester. Springfield. olyoke. *DETROIT. *Port, Huron. Marine City. a Clair. aginaw. Alpena. Bay ore , Grand Rapids *Grand Haven. Charlevoix. Ludington. Manistee. Manistique. (or 12 CUSTOMS COLLECTION DISTRICTS. No. District. Boundary. Ports. 19 8 10 15 41 46 11 12 49 Michigan ... Minnesota... New Orleans New York... North Caro- lina. Philadelphia. Pittsburgh .. Porto Rico. . Rhode _Is- land. All of the State of Michigan.........-.......-- sae of Minnesota lying south of 46° north lati- tude. Allof the State of Alabama and all that part of the State of Mississippi lying south of 31° north latitude. All of the States of Montana and Idaho........ Allofthe State of Louisiana and all that part of the State of Mississippi lying north of 31° north latitude. To include all that part of the State of New York not expressly included in the districts of St. Lawrence, Rochester, and Buffalo, and also to include tha counties of Sussex, Pas- saic, Hudson, Bergen, Essex, Union, Mid- dlesex, and Monmouth, in the State of New joteey Allof the State of North Carolina............. All of the State of Ohio and the county of Erie in the State of Pennsylvania. All of the States of Nebraska and Wyoming... All of the State of Oregon ..................--- To include all that part of the State of Pennsy}- vania lying east of 79° west longitude, all of the State of Delaware, and all of that part of the State of New Jersey not included in the district of New York. To include all of the State of West Virginia and all of the State of Pennsylvania lying west of 79° west longitude except the county of Erie. All of the Territory of Porto Rico All of the State of Rhode Island Muskegon. St. Joseph. Petoskey. Sault Ste. Marie. Detour. Cheboygan. Mackinaw. Escanaba. Gladstone. Houghton. *Marquette. *ST. PAUL AND MINNEAP- OLIS. *MOBILE. Birmingham. *Gulfport, Miss. Scranton, Miss. *GREAT FALLS. Plentywood. Sweetgrass, Gateway. pes att Tdaho. Port Hill, Idaho. *NEW OR- LEANS, LA. ‘Morgan City, La. *NEW YORK. Albany. *Patchogue. *Gr2enport. re Amboy, *Newark, N.J.. *WILMINGTON. . *Elizabeth City. *Newbern. anteo. ! *+Bedufort. *ACLEVELAND. Conneaut. ol alee ‘airport. acarincky andusky, Put in Bay. *Toledo. Cincinnati. Columbus., Dayton. nuns, Fe. ‘orry, Pa. +OMAHA, NEBR. Lincoln, Nebr. *PORTLAND. *A storia. ). *PHILADEL- PHLA (including Camden and Gloucester,N.J.). Chester. *Somers Point, N.J. yi N- J. iompsons Point, Ne ae *Wilmington, Del. Lewes, Del. *PITTSBURGH, PA: *Wheeling, W. Va. SAN JUAN. Aguadilla. Guanica. Arecibo. Arroyo. Fajardo. Humacao. Mayaguez. Ponce. : *PROVIDENCE. *Newport. CUSTOMS COLLECTION DISTRICTS. 13 No.| District. Boundary. Ports. 8 | Rochester...| All of the counties of Oswexe, Oneida, Onon- (/KROCHESTER. daga, eyUGe, Seneca, ayne, Broome, Charlotte. Tompkins, Chenango, Madison, Cortland, | Utica. Hamilton, Schuyler, pnemung,, Herkimer, | Syracuse. Monroe, Ontario, Livingston, Yates, Steu- | Fair Haven. peu, Orleans, Genesee, and Wyoming. oss Point. swego. 21 | Sabine....-. To include the following territory: Beginning #}P ORT AR- on the Gulf of Mexico at the center of the | . THUR. stream of Sabine Pass; thence north with the | Sabine. center of the stream of Sabine Pass to Sabine Lake; thence with the center of the stream of Sabine Lake to a point directly ppposite to the Sabine River; thence north with the east shore of the Sabine River to the north bound- ary line of Shelby County, Tex.; thence west to the Neches River; thence down said river with its west shore to a north bey line of Jefferson County; thence in a westerly di- rection with the said north boundary line to the east boundary line of Liberty County, Tex.; thence south to the Gulf of Mexico; thence in an easterly direction along the Gulf shores to the place of beginning. 28 | San Fran- | All that. part of the State of California lying (SAN F RAN - cisco. north of 35° north latitude. CISCO (includ- ing Oakland). Eureka. . ‘ *Port San Luis. 27| Southern| All that part of the State of California lying LOS ANGELES California.| south of 35° north latitude. ae San TO). +*San Diego. ‘ampo. Tia Juana. Calexico. 16 | South Caro- | Allof the State of South Carolina.............. FACHARLES- lina, TOWN. . *Georgetown. *Beaufort. 7 | St. Lawrence] State of New York, to include all the counties }}OGD ENSBURG. of Clinton, Essex, Franklin, St. Lawrence, | Nyando. Jefferson, and Lewis. Morristown. . Waddington. Fort Covington. Rouses Point. e *Plattsburg. Champlain. Mooers Malone. Chateauray. Cape Vincent. “ Alexandria Bay. Chaumont. Clayton. 45 | St. Louis....| Allofthe Statesof Missouri, Kansas, Arkansas, |*ST. LOUIS, MO. ” and Oklahoma, and all that part of the| (including East State of Illinois lying south of 39° north St. Louis). latitude. St. Joseph, Mo. Kansas City, Mo. Cairo, Il. 43 | Tennessee...| Allofthe State of Tennessee.................. *MEMPHIS. Nashville. *Chattanooga. Knoxville. 48; Utah and | Allof the States of Utah and Nevada......... SALT LAKE Nevada. : CITY, UTAH. 2| Vermont....} All of the State of Vermont and the county of | ST. ALBANS. Coos in the State of New Hampshire. *Burlington. Richford. Alburg. Swanton. Highgate Newport. North Troy. Derbyline. Island Pond. . uke Beecher Falls. 14 | Virginia. .... To include all of the State of Virginia, except |*NORFOLK AND * the county of Alexandria, and including the NEWPORT waters and shores of Hampton Roads. NEWS. *Richmond. eae *Cape Charles City. *Reedville. Chincoteague, 14. T. D. 34753. CUSTOMS COLLECTION DISTRICTS. District. Boundary. Ports. 30 37 Washington. Wisconsin... north latitude. Allof the State of Washington.............--- Allof the State of Wisconsin lying south of 46° *SEATTLE. *Port Townsend. Aberdeen. Anacortes. Bellingham. Blaine. Sumas. Chopaka. Molson. Danville. Ferry. Laurier. Everett. Friday Harbor. Roche Harbor. Northport. *Port Angeles, South Bend. Spokane. +*Tacoma. *MILWAUKEE. Green Bay. Kenosha. Manitowoc. Marinette (includ- ing Menominee). Racine. Sheboygan. Sturgeon Bay. Kewaunee. Art. 4. Customs collection districts by numbers.— No. 1. PrABWP WL Maine and New Hamp- shire. Vermont. Vacant. Massacbusetts. Rhode Island. Connecticut. St. Lawrence. . Rochester. . Buffalo. . New York. . Philadelphia. . Pittsburgh. Maryland. . Virginia. North Carolina. . South Carolina. . Georgia. . Florida. Mobile. New Orleans. Sabine. Galveston. Laredo. El Paso. No. No. No. No. No. 25. 26. 27. 28. 29. . 80, . 31. . 82. . 83. . 84. . 35. . 36. OT. . 88. . 39. . 40, . 41. . 42. . 43. . 44, . 45. . 46, 47. . 48. Utah and Arizona, Southern Oregon. Alaska. Hawaii. Montana Dakota. Chicago. Indiana. Ohio. Iowa. Omaha. Eagle Pass. California. San Francisco. Washington. and Idaho. Minnesota. Duluth and Superior. Wisconsin. Michigan. Kentucky. Tennessee. St. Louis. Colorado. Nevada. . 49. Porto Rico, CUSTOMS COLLECTION DISTRICTS. 15 Art. 5. Alphabetical list of ports— PORTS. Aberdeen, Wash. Aguadilla, P. R. Albany, N. Y. Alburg, Vt. Alexandria, Va. Alexandria Bay, N. Y. Alpena, Mich. Ambrose, N. Dak. ‘Anacortes, Wash. Annapolis, Md. Antler, N. Dak. Apalachicola, Fila. Arecibo, P. R. Arroyo, P. R. Ashland, Wis. ‘Ashtabula, Ohio. Astoria, Oreg. Atlanta, Ga. Baltimore, Md. Bangor, Me. Barnstable, Mass. Bay City, Mich. Bath, Me. Beaufort, N.C. Beaufort, 8. C. Beecher Falls, Vt. Belfast, Me. Bellingham, Wash. Beverly, Mass. (Salem). Birmingham, Ala. Blaine, Wash. Boca Grande, Fla. Boothbay, Me. Boquillas, Tex. Boston, Mass. Bridgeport, Conn. Bridgewater, Me. Brownsville, Tex. Brunswick, Ga. Buffalo, N. Y. Burlington, Vt. Cairo, Ill. Calais, Me. Calexico, Cal. Camden, N. J. (Philadelphia). Campo, Cal. Cape Charles City, Va. Cape Vincent, N. Y. Carrabelle, Fla. Castine, Me. Cedar Keys, Fla. Champlain, N. Y. Charlevoix, Mich. Charlotte, N. Y. Chateaugay, N. Y. Chattanooga, Tenn. Chaumont, N. Y. Cheboygan, Mich. Chester, Pa. Chicago, Ill. Chincoteague, Va. CUSTOMS DISTRICTS. Washington (30). Porto Rico (49). New York io). Vermont (2 Maryland (13). St. Lawrence (7). Michigan (38). Dakota (34). Washington (30). Maryland (13). Dakota (34). Florida (18). Porto Rico (49). Porto Rico (49). Duluth and Superior (36). Qhio (41). Oregon (29). Georgia (17). Maryland (18). Maine and New Hampshire (1). Massachusetts (4). Michigan (38). Maine and New Hampshire (1). North Carolina (15). South Carolina (16). Vermont (2). Maine and New Hampshire (1). Washington (30). Massachusetts (4). | Mobile (19). Washington (30). Florida ( (18). Maine and New Hampshire (1). Eagle Pass (25). Massachusetts (4). Connecticut (6). Maine and New Hampshire (1). Laredo (23). Georgia (17). Buffalo (9). Vermont (2). St. Louis (45). Maine and New Hampshire (1). Southern California (27). Philadelphia (11). Southern California (27). Virginia (14). St. Lawrence (7). Florida (18). Maine and New Hampshire (1). Florida (18). St. Lawrence (7). Michigan (38). Rochester (8). St. Lawrence (7). Tennessee (43). St. Lawrence (7). Michigan (38). Philniclphiat (11). Chicago (39). Virginia (14). 16 CUSTOMS COLLECTION DISTRICTS, PORTS. Chopaka, Wash. Cincinnati, Ohio. Clayton, N.Y. Cleveland, Ohio. Columbus, Ohio. Columbus, N. Mex. Conneaut, Ohio. Cordova, Alaska. Corpus Christi, Tex. Corry, Pa. Crisfield, Md. Crosby, N. Dak. Dallas, Tex. Danville, Wash. Darien, Ga. Dayton, Ohio. Del Rio, Tex. Denver, Colo. Derbyline, Vt. Des Moines, Iowa. Detour, Mich. Detroit, Mich. Dougias, Ariz. Dubuque, Iowa. Duluth, Minn. (Duluth and Su- Eagle, Alaska. Eagle Pass, Tex. Eastport, Me. Eastport, Idaho. East St. Louis, Ill. (St. Louis). El Paso, Tex. Elizabeth City, N. C. Ellsworth, Me. Empire, Oreg. Erie, Pa. Escanaba, Mich. ‘Eureka, Cal. Evansville, Ind. Everett, Wash. Fairbanks, Alaska. a EN oe irport, Ohio. Fajardo, P.R. Fall River, Mass. Fernandina, Fla. Ferry, Wash. Fort Covington, N. Y. Fort Fairfield, Me. Fort Kent, Me. Fortymile, Alaska. Friday Harbor, Wash. Galveston, Tex. Gateway, Mont. Georgetown, S. C. Gladstone, Mich. Gloucester, Mass. Glee City, N. J. (Philadel- ‘i Gand Haven, Mich. Grand Rapids, Mich. Great Falls, Mont, CUSTOMS DISTRICTS. Washington (30). Ohio (41). St. Lawrence (7). Ohio (41). Ohio, (41). El Paso (24). Ohio (41) Alaska (31). Laredo (23). Ohio (41) Maryland (13). Dakota (34). Galveston (22). Washington (30). Georgia (17). Ohio (41). Eagle Pass (25). Colorado oo Verment (2). Iowa (44). Michigan (aay: Michigan (38). Arizona (26). Towa (44). Duluth and Superior (36). Buffalo (9). Alaska (31). Eagle Pass (25). Maine and New Hampshire (1). Montana and Idaho (33). St. Louis (45).° El Paso (24). North Carolina (15). Maine and New Hampshire (1). Oregon (29). Ohio (41). Michigan (38). San Francisco (28). Indiana (40). ‘Washington (30). Alaska (31). Rochester (8). Ohio (41). Porto Rico (49). Massachusetts (4). Florida (18). Washington (30). St. Lawrence (7). Maine and New Hampshire (1). Maine and New Hampshire fn : Alaska (31). Washington (30). Galveston (22). Montana and Idaho (33). South Carolina (16). Michigan (38). Massachusetts (4). Philadelphia (11). Michigan (38). Michigan (38). Montana and Idaho (33). CUSTOMS COLLECTION DISTRICTS. 17 PORTS. Green Bay, Wis. Greenport, N. Y. Greenwich, Conn. Guanica, P. R. Gulfport, Miss. Hannah, N. Dak. Hansboro, N. Dak. Hae oe ighgate, Vt. Hilo, Hawaii. Holeb, Me. (Lowelltown). Holyoke, Mass. Honolulu, Hawaii. Houghton, Mich. Houlton, Me. Houston, Tex. Humacao, P. R. Indianapolis, Ind. International Falls, Minn. Island Pond, Vt. Isle Royal, Mich. Jacksonville, Fla. Juneau, Alaska. Kahului, Hawaii. Kaloa, Hawaii. Kansas City, Mo. Kenosha, Wis. Ketchikan, Alaska. Kewaunee, Wis. Key West, Fla. Kittery, Me. (Portsmouth, N. H.). Knoxville, Tenn. Laredo, Tex. Laurier, Wash. Lewes, Del. Lewiston, N. Y. Limestone, Me. Lincoln, Nebr. Lorain, Ohio. Los Angeles, Cal. Louisville, Ky. Lowelltown, Me. Lubec, Me. Ludington, Mich. Lynn, Maas. (Salem). achias, Me. Mackinaw, Mich. Madawaska, Me. Mahukona, Hawaii. Malone, N. Y. Manistee, Mich. Manistique, Mich. Manitowoc, Wis. Manteo, N. C. Marblehead, Mass. (Salem). Marine City, Mich. Marinette, Wis. Marquette, Mich. Mars Hill, Me. Marshfield, Oreg. (Empire). Mayaguez, P. R. Memphis, Tenn. Menominee, Wis. (Marinette). 8180°—15——2 CUSTOMS DISTRICTS. Wisconsin (37). New York (10). Connecticut (6). Porto Rico (49). Mobile (19). Dakota ae Dakota (34 Connecticut (6). Vermont (2). Hawaii (32). Maine and New Hampshire (1). Massachusetts (4). Hawaii (32). Michigan (38). Maine and New Hampshire (1). Galveston (22). Porto Rico (49). Indiana (40). Duluth and Superior (36). Vermont (2). . Duluth and Superior (36). Florida (18). Alaska (31). Hawaii (32). Hawaii (32). St. Louis (45). Wisconsin (37). Alaska (81). Wisconsin (37). Florida (18). Maine and New Hampshire (1). Tennessee (43). Laredo (23). Washington (30). Philadelphia (11). Buffalo OF Maine and New Hampshire (1). Omaha (46). Ohio (41). Southern California (27). Kentucky (42). Maine and New Hampshire (1). Maine and New Hampshire (1). Michigan (38). Massachusetts (4). Maine and New Michigan (38). Maine and New Hampshire (1). Hawaii (32). St. Lawrence (7). Michigan (ey: Michigan (38 Wisconsin (37). North Carolina (15). Massachusetts (4). Michigan (38). Wisconsin (37). Michigan (38). Maine and New Hampshire (1). Oregon (29). Porto Rico (49). Tennessee aay Wisconsin (37 ampshire (1). 18 CUSTOMS ‘COLLECTION DISTRICTS. PORTS. chigan City, Ind. Mddistewn ona, Milwaukee, Wis. Minneapolis, Minn. (St. Paul and Minneapolis). Mobile, A, Molson, Wash. Monticello, Me. Mooers, N. Y. Morgan City, La. Morristown, N.Y. Muskegon, Mich. Naco, Ariz. Nashville, Tenn. Neche, N. Dak. Newark, N. J. Newbern, N.C. New Bedford, Mass. New Haven, Conn. New London, Conn. New Orleans, La. Newport, R. I. Newport, Oreg. Newport, Vt. Newport News, Va. (Norfolk and Newport News). New York, N.Y. | Niagara Falls, N. Y. Nogales, Ariz. Nome, Alaska. Norfolk, Va. (Norfolk and New- port News). Northport, Wash. North Tonawanda, N. Y. North Troy, Vt. Norwalk, Conn. Noyes, Minn. (post office, St. Vincent). Nyando, N.Y. Oakland, Cal. (San Francisco). Ogdensburg, N. Y. Omaha, Nebr. Oswego, N.Y. Paducah, Ky. Patchogue, N.Y. Pembina, N. Dak. Pensacola, Fla. Peoria, Tl. Perth Amboy, N. J. Petersburg, Va. Petoskey, Mich. Philadelphia, Pa. Pittsburgh, Pa. Plattsburg, N. Y. Plentywood, Mont. Plymouth, Mass. Ponce, P. R. Port Angeles, Wash. Port Arthur, Tex. Port Bolivar, Tex. (Galveston). Port San Luis, Cal. Port Hill, Idaho. CUSTOMS DISTRICTS. Florida (18). Chicago (39). Connecticut (6). Wisconsin (37). Minnesota (35). Mobile (19). Washington (30). Maine and New Hampshire (1). St. Lawrence (7). New Orleans (20). St. Lawrence (7). Michigan (38). Arizona (26). Tennessee (43). Dakota (34). New York (10). North Carolina (15). Massachusetts (4). Connecticut (6). Connecticut (6). New Orleans (20). Rhode Island (5). Oregon (29). 2 Vermont (2). Virginia (14). New York (10). Buffalo (9). Arizona (26). Alaska (31). Virginia (14). Washington (30). Buffalo (9). Vermont (2). Connecticut (6). Dakota (34). St. Lawrence (7). San Francisco (28). St. Lawrence (7). Omaha (46). Rochester (8). Kentucky (42). New York (10). Dakota (34). Florida (18). Chicago ie is New York (10). aes (14). Michigan (38). Philadelphia (11). Pittsburgh (12). St. Lawrence (7). Montana and Idaho (33). Massachusetts (4). Porto Rico (49). Washington (30). Sabine (21). Galveston (22). San Francisco (28). Montana and Idaho (33). CUSTOMS COLLECTION DISTRICTS. 19 PORTS. Port Huron, Mich. Port Inglis, Fla. Port Lavaca, Tex. Port Tampa, Fla. (Tampa). Port Townsend, Wash. Portal, N. Dak. Portland, Me. Portland, Oreg. Portsmouth, N. H. Presidio, Tex. Providence, R. I. Provincetown, Mass. Punta Gorda, Fla. Put-in-Bay, Ohio. Racine, Wis. Ranier, Minn. Reedville, Va. Richford, Vt. Richmond, Va. Rio Grande Cit Roche Harbor, Rochester, N. Y. Rockland, Me. Rockport, Me. Roma, Tex. Rouses Point, N. Y. Sabine, Tex. Saginaw, Mich. Salem, Mass. Salt Lake City, Utah. San Antonio, Tex. San Diego, Cal. San Francisco, Cal. San Juan, P. R. San Pedro, Cal. (Los Angeles). Sandusky, Ohio. Santa Maria, Tex. Sarles, N. Dak. Sault Ste. Marie, Mich. Savannah, Ga Scranton, Miss. Seattle, Wash. Sheboygan, Wis. Sherwood, N. Dak. Sioux City, Iowa. Sodus Point, N. Y. Somers Point, NJ. Souris, N. Dak. South Bend, Wash. South Manchester, Conn. South West Harbor, Me. Spokane, Wash. Springfield, Mass. St. Albans, Vt. St. ‘Andrews, Fila. St. Augustine, Fila. St. Clair, Mich. St. John, N. Dak. St. Joseph, Mich. St. Joseph, Mo. St. Louis, Mo. , Tex. ash. St. Ma: 8, Ga. (Fernandina, Fla.). St. Michael, Alaska. CUSTOMS DISTRICTS. Michigan (38). Florida (18). Galveston (22). Florida (18). Washington (30). Dakota (34). Maine and New Hampshire (1). Oregon (29). Maine and New Hampshire (1). Eagle Pass (25). Rhode Island (5). Massachusetts (4). Florida 08). Ohio (41). Wisconsin (37). Duluth and Superior (36). Virginia (14). Vermont (2). Virginia (14). Laredo (23). Washington (30). Rochester (8). Maine and New Hampshire (1). Maine and New Hampshire (1). Laredo (23). St. Lawrence (7). Sabine (21). Michigan (38). Massachusetts (4). Utah and Nevada (48). Galveston (22). Southern California (27). San Francisco (28). Porto Rico (49). Southern California (27). Ohio (41). Laredo (23). Dakota (34). Michigan (38). Georgia (17). Mobile (19). Washington (30). Wisconsin (37). Dakota (34). Towa (44). Rochester (8). Philadelphia (11). Dakota (34). Washington (30). Connecticut (6). Maine and New Hampshire (1). Washington (30). Massachusetts (4). Vermont (2). Florida (18). Florida (18). Michigan (38). Dakota (34). Michigan (38). St. Louis (45). St. Louis (45). Florida (18). Alaska (31). 20 CUSTOMS COLLECTION DISTRICTS. PORTS. St. Paul, Minn. (St. Paul and Minneapolis). St. Vincent, Minn. Stamford, Conn. Stonington, Conn. Sturgeon Bay, Wis. Sulzer, Alaska. Sumas, Wash. Superior, Wis. (Duluth and Su- perior). Swanton, Vt. Sweetgrass, Mont. Syracuse, N.Y. Tacoma, Wash. Tampa, Fla. Texas City, Tex. (Galveston). Thompsons Point, N. J. (Post Office, Gibbstown, N. J.) Tia Juana, Cal. Toledo, Ohio. Tonawanda, N. Y. (North Tona- wanda). Tuckerton, N. J. Two Harbors, Minn. Unalaska, Alaska. Utica, N. Y. Van Buren, Me. Vanceboro, Me. Vinal Haven, Me. Vineyard Haven, Mass. Waddington, N. Y. Walhalla, N. Dak. Warroad, Minn. Washington, D. C. : West Superior, Wis. (Superior). Wheeling, W. Va. Wilmington, Del. Wilmington, N. C. Worcester, Mass. Wrangell, Alaska. Yuma, Ariz. CUSTOMS DISTRICTS. Minnesota (35). Dakota (34). Connecticut (6). Connecticut (6). Wisconsin (37). Alaska (31). Washington (30). Duluth and Superior (36). Vermont (2). Montana and Idaho (33). Rochester (8). Washington (30). Florida (18). Galveston (22). Philadelphia (11). Southern California (27). Ohio (41). Buffalo (9). Philadelphia (11). Duluth and Superior (36). Alaska (31). Rochester (8). Maine and New Hampshire (1). Maine and New Hampshire (1). Maine and New Hampshire ay Massachusetts (4). St. Lawrence (7). Dakota (34). Duluth and Superior (36). Maryland (13). Duluth and Superior (36). Pittsburg (12). Philadelphia (11). North Carolina (15). Massachusetts (4). Alaska (31). Arizona (26). For ports from which and to which merchandise may be immediately transported without appraisement under the act of June 10, 1880, and ports at which bonded ware- houses are established or customhouse premises are use’ 672, 673, and 685. for that purpose, see Arts. Art. 6. Merchandise not to be entered or delivered except at ports of entry unless at the expense of the parties in in- terest—Merchandise shall not be entered or delivered from customs custody elsewhere than at a port of entry, except at the expense of the parties in interest, upon authority from the Secretary of the Treasury and under conditions to be prescribed by him. When it shall be made to appear to the Secretary of the Treasury that the interests of commerce or the protection of the revenue so require, he may cause to be stationed at places in the various collection districts, though not named as ports of CUSTOMS COLLECTION DISTRICTS. entry, officers or employees of the customs with author- ity to enter and clear vessels, to accept entries of mer- chandise, to collect duties, and to enforce the various pro- visions of the customs and navigation laws. Art. 7. Regulation of harbors—The harbors of Tor- tugas, Fla.; Great Harbor, Culebra; Guantanamo Naval Station, Cuba; Pearl Harbor, Hawaii; Guam; Subig Bay, Philippine Islands; and Kiska, Aleutian Islands, shall not be made ports of entry for foreign vessels of commerce, and said harbors shall not be visited by any commercial or privately owned vessel of foreign registry ; nor by any foreign national vessel, except by special authority of the United States Navy Department in each case. 21 T. D. 32861. CHAPTER II. VESSELS. CLASSIFICATION AND DOCUMENTATION. Art. 8. Definitions. 9. Vessels of the United States. 10. Vessels entitled to documents. 11. Provisional registers. 12. Yachts entitled to documents. 13. Vessels not entitled to be docu- mented. 14. Vessels exempt from documenta- tion. 15. Draft of registered vessels. 16. Marine documents. 17. Registers. 18. Enrollment and license. 19. Form of marine documents. 20. Marine documents to be numbered. 21. Dimension and tonnage of vessel to be expressed in marine docu- ments. 22. Fractions of net tons not to be reported. 23. Revision of tonnage. 24. Rebuilt vessels. 25. New documents. 26. Name and home port on docu- mented vessel. 27. Home port. 28. Builder’s certificate. 29. Surveyor’s certificate. 30. Official number and signal letters. 81. Marking of official number and tonnage. 32. Evidence as to marking official number, etc. 33. Inspection of steam and other vessels. 34, License to carry gunpowder. 85. Regulation of motor boats. 36. Recorded vessels. _ 37. Prizes and forfeited vessels. Art. 38. Registry of foreign-built vessels under section 5 of the Panama Canal act and the act of August 18, 1914. 39. Owner’s oath. 40. Owner’s oath for license of vessel less than 20 tons. 41. Officers of vessels to be citizens. 42. Master’s oath on registry of ves- sel. 43. Master’s oath on licensing vessel. 44. Change of master. 45. Forms of oaths. 46. Vessels on Great Lakes. 47. Repairs. 48. Transfer from Lakes to seaboard. 49. Record and issue of documents. 50. Permanent documents to a vessel absent from home port. 51. Misuse of document. 52. Surrender of documents. 53. Sale of vessel. 54. Sale outside of home port. 55. Sale abroad. 56. Sale to an alien. 57. Record of title. 58. Lost vessel. 59. Report of casualty to vessel. 60. Change of build or rig. 61. Change of trade. 62. Application for change of name. 63. Surrender of temporary docu- ments. 64. Loss of marine document. 65. Failure to obtain a new document when required. 66. Cancellation of marine documents. 67. Cancellation of bond. 68. Notice of the issue and surrender of documents. 69. Renewal of license. 23 24 VESSELS. Art. Art. 70. Penalty for trading, etc., without | 77. Enforcement of navigation laws. license. 78. Malfeasance respecting marine 71. Steamboats on river or bay of the documents. United States, 79. Abstracts of marine documents 72. Inspection of marine documents. and accounts of tonnage. 73. Yacht privileges and obligations. 80. Records and indexes. 74. Record of American-built vessels | 81. Accounts of marine documents. owned by aliens. 82. Quarterly returns of tonnage. 75. Certificates of record. 83. Lists of vessels. 76. Certificate of protection. 84. Measurement of vessels. CLASSIFICATION AND DOCUMENTATION. RB. S., 3. Art. 8. Definitions—The word “ vessel” includes every description of water craft or other artificial contrivance used, or capable of being used, as a means of transpor- tation on water. The term “ marine document” as used in these regula- tions relates to either a register, enrollment, or license. The term “marine waters of the United States” em- braces all waters navigable to or from the ocean. aah 8 4181 Art. 9. Vessels of the United States.—The term “ vessels , of the United States” applies to such only as are docu- mented either by license, by enrollment and license. or by certificate of registry. ah 8» 4311, Vessels of 20 net tons and upward can be either reg- T.D.5839. istered or enrolled and licensed. Vessels of 5 net tons and less than 20 net tons can be licensed or registered. R. 8. 4318. Any vessel of the United States navigating the waters of the northern, northeastern, and northwestern fron- tiers, otherwise than by sea, shall be enrolled and licensed. Art. 10. Vessels entitled to documents.—The following vessels are entitled to receive documents under existing laws: B84 3°53, Class 1—Those built in the United States, wholly 1912 oe eansi owned by a citizen or by an incorporated company of act. the United States. An American-owned and American-built vessel, which by sale has become the property of a foreigner, will be entitled to a new register upon afterwards becoming American property. R. s, 4180 Class 2.—Those built in the United States, in whole or to 4184. : ‘ 3 : in part under foreign ownership, and recorded on being purchased, and wholly owned by a citizen of the United States, and never before documented. B.S, 4182, Class 3—Those captured in a war to which the United 1912, see. 5. States is a party, by a citizen thereof, lawfully con- VESSELS. 95 demned as prizes, and wholly owned by a citizen or citi- zens of the United States. Class 4.—Those which have been adjudged to be for- a Mee ok: feited for a breach of the laws of the United States, and 191?.,5e¢ 5. wholly owned by a citizen or citizens thereof. This does not include vessels sold under a decree in admiralty for debt or seamen’s wages. Class 5.—Those sold by the United States Government T. D. 19859. to citizens, if built in the United States, and foreign- built vessels bought or chartered by the Government are entitled to documents on sale to a citizen on compliance with the requirements for class 8. A foreign vessel imported in parts and put together in sgn De Dine, the United States can not be documented unless comply- ing with the requirements for class &. Class 6. Those authorized by special act of Congress T. D. 19859. to be documented. Class 7. Vessels wrecked on the coasts of the United 8.8. men ok States or its possessions or in adjacent waters, when 1915 (38 Stat., purchased by a citizen or citizens of the United States and repaired in a shipyard in the United States or its possessions. It must be proven to the satisfaction of the Secretary of Commerce, through a board of three appraisers ap- pointed by him, if necessary, that the repairs put upon such vessel are equal to three times the appraised salved value thereof. The expense of such appraisal shall be borne by the owner of the vessel. If any of the material facts sworn to or represented by the owner, or at his instance, to obtain documents of any vessel are not true, such vessel will be lable to forfeiture. Class 8. Seagoing vessels, whether steam or sail, which B.S yeas i have been certified by the Steamboat-Inspection Seieic: 1912, sec. 5. as safe to carry dry and perishable cargo, wherever built, wholly owned by citizens of the United States or a cor- poration organized and chartered under the laws of the United States or any State thereof, the president and managing directors of which shall be citizens of the United States. Foreign-built vessels registered in accordance with the foregoing provisions of class 8 shall engage only in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila and shall not engage in the coastwise trade. 26 VESSELS. Aets"Apreaz, Lhe following vessels, if falling within the provisions 1856, June 19, of the foregoing classes, shall be documented: abi gDs- 4634, Barges, lighters, and other boats provided with sail or T. ‘D. 4661 internal motive power, whether such power is generally fae June 30, 1879). “used or not. Barges and boats without sail or internal motive power of their own, engaged in trade with Canada, or employed upon the marine waters of the United States. Barges and boats without sail or internal motive power of their own, carrying passengers. rots’ Mar 4, Art. 11. Provisional registers——Consular officers of the United States, and such other persons as may be desig- nated by the President for the purpose, are authorized to issue provisional certificates of registry to vessels abroad which have been purchased by citizens of the United States, including corporations, as defined in sec- tion 4132, Revised Statutes, as amended by the Panama Canal act (act of Aug. 24, 1912) and the act of August 18, 1914. Such provisional certificates shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the Philippine Islands, and the islands of Guam and Tutuila, until the expiration of six months from the date thereof, or until 10 days after the vessel’s arrival in a port of the United States, and no longer. On arrival at a port of the United States, the vessel shall become subject to the laws relating to officers, inspection, and measurement, as amended by the act of August 18, 1914. Such provisional certificates shall be issued and sur- rendered in exchange for certificates of registry under regulations prescribed by the Secretary of Commerce. ; fie Art. 12. Yachts entitled to documents.—Yachts measur- 912. : 1 He 8, BL ot ing 16 gross tons or over, used and employed exclusively N., 1912: as pleasure vessels, otherwise entitled to be documented, may be licensed to proceed from port to port within the United States without entering or clearing, and to for- cign ports without clearing at the customhouse. 43h; 8° 4334 Art. 13. Vessels not entitled to be documented.—Vessels wits B. of of less than 5 net tons can not be licensed. Pleasure vessels measuring under 16 gross tons can not be licensed, except under special instructions from the Bureau of Navigation of the Department of Commerce. VESSELS, Art. 14. Vessels exempt from documentation—The fol- , lowing classes of vessels do not require to be documented, viz: ae Apr. 27 18, a ‘Ds. 4634, Boats or lighters not being masted, or if masted and ®- §» 4385. not decked, employed in the harbor of any town or city, and not carrying passengers. Canal boats or barges, or boats without sail or internal motive power of their own employed wholly upon canals or on the internal waters of a State, and not engaged in trade with contiguous foreign territory and not carrying passengers. Barges or boats without sail or internal motive power of their own, plying on inland rivers or lakes of the United States, not engaged in trade with contiguous foreign territory and not carrying passengers. Vessels plying upon waters wholly within the limits of a State having no outlet into a river or lake on which commerce with foreign nations or among the States can be carried on. All other vessels engaged in trade between port and rolled and licensed, or licensed, or will be liable to a penalty of $30 on every arrival, nies the vessel shall not have been within a customs district since the expiration of the license. Art. 15. Draft of registered vessels—The draft of every registered vessel shall be marked upon the stem and stern- post, in English feet or decimeters, in either Arabic or Roman numerals. The bottom of each numeral shall indicate the draft to that line. If all the figures indi- cating the draft of registered vessels can not be placed on the sternpost they may be continued upward on the adjacent part. Art. 16. Marine documents.—Marine documents consist of certificates of registry, enrollments, and licenses. In addition to these, sea letters and passports for vessels in time of war may be issued through collectors of customs, on application, to registered vessels engaged in the for- eign trade by sea, as an additional protection and evi- dence of nationality. Such sea letters and passports are in all cases to be surrendered with the certificate of reg- istry at the expiration of the voyage. Marine documents are of two descriptions—permanent, granted to vessels belonging to ports at which the docu- R. S., 4371. Act June 19, port in the United States must, if not registered, be en- 1886, sec. 7. Act Feb. 1891, sec. 2. T.D.1 21, 0830. R. S§. ., 4190, 4191, 4306. 28 R. S., 4138, 4315, 4327. R. S., 4324, T. D. 17674. R. S., 4311, 4371. Act June 19, 1886. R. S., 4155. R. S., 4319, 21 4321. Acts Apr. 24, 1906; Feb. 29, 1912. VESSELS. ment issues, and temporary, granted to vessels not be- longing to ports at which the document issues. These two classes of documents should be distinguished by plainly writing the word “ Permanent” or “'Tempo- rary” in the margin immediately above the number, and the same rule must be observed in respect to the copies and records. Registers and enrollments are valid for any length of time until a contingency shall arise requiring their sur- render. Licenses are valid for one year only, but may be renewed or changed at any time during the year for which they are granted, care being taken that only one license, and for one employment, be granted to a vessel for the same time. No enrollment or license granted to any vessel shall be considered in force longer than such vessel is owned, and of the description, and engaged in the business or em- ployment for which the document was granted. Art. 17. Registers.—Certificates of registry are requisite for vessels of the United States engaged in the foreign trade, and are permitted to such vessels engaged in the domestic trade, under the requirement of entering at the customhouse at every port of arrival, if laden with ex- cesses of the commodities specified in sections 4349, 4351, and 4359, Revised Statutes, or if arriving at any district of the United States from any district other than a dis- trict in the same or an adjoining State, on the seacoast, or on a navigable river. Blank forms (Commerce, 1265) attested under the seal of the Department of Commerce, will be furnished to collectors. Art, 18. Enrollment and license——Vessels of 20 tons net or more enrolled and having a license in force, or, if of 5 tons net and less than 20 tons net, not enrolled but having a license in force, may be employed in the coast- ing trade and fisheries. Such vessels only as are engaged in catching whales, cod, or mackerel should be licensed for the fisheries. Vessels engaged in catching other kinds of fish should be licensed for the coasting trade. Art. 19. Form of marine documents.—Marine documents must be in the prescribed form, as follows: Registers: Commerce Form 1265. Enrollments and licenses: Commerce Form 1271 for vessels employed in the coasting trade and fisheries; Commerce Form 1290 for yachts. VESSELS. 29 Licenses for vessels of less than 20 tons net: Commerce ®- 8., 4821. Form 1285 for vessels employed in the coasting trade and fisheries; Commerce Form 1288 for yachts. All marine documents must be signed and sealed by , R, 8, 2626, the collector before being issued. If there be a naval ~~ officer at the port, the certificate must be countersigned under seal by him, and if there be a surveyor, but no naval officer, it must be so countersigned by him. The certificate of registry must bear the seal of the R.S., 4158. Department of Commerce, attested by the Commissioner of Navigation. Art. 20. Marine documents to be numbered—The col- ,,8; 8» 4176, lector of each district must consecutively number the ,.fft Ja'y, > documents granted by him, beginning anew at the com- mencement of each fiscal year. Art. 21. Dimension and tonnage of vessel to be expressed 4,2; 5» 415°. in marine documents.—The marine document of every ves- ,g5* Aus > sel shall express her length, breadth, and depth, and the height under the third or spar deck; the number of decks and masts; the tonnage under the tonnage deck; that on the between-decks above the tonnage deck; that of the poop or other inclosed spaces above the deck, each separately; it shall state separately the deductions made from the gross tonnage, and shall also state the net or register tonnage. Art. 22. Fractions of net tons not to be reported—Cus- 7: D- 19053. toms officers will not mark upon the main beam or enter in the marine document of a vessel any fraction of a ton of the net capacity. Example: If the net capacity of a vessel, as shown by her certificate of admeasurement, is either 500.90 or 500.10 tons, it will be marked 500 on her main beam and so entered in her marine document. They will, however, enter in each marine document the fractions of tons in the capacities making up the gross . and in the capacities deducted from the gross to ascer- tain the net. Art. 23. Revision of tonnage.—The tonnage of any docu- mented vessel of the United States expressed in her marine papers in pursuance of a measurement purport- ing to be in conformity to these regulations can be changed or set aside only by the Commissioner of Navi- gation, so long as the vessel remains unchanged in form or burden. Application from any quarter for amend- ment or revision in such cases must be submitted to the 30 Act Mar, 2, 1895. B/N Cir. Mar., 1896. VESSELS. Commissioner of Navigation, with precise statements of errors supposed to exist. These regulations shall not be construed to require the measurement of any American vessel measured before April 1, 1895; but upon application by the owner of any such vessel collectors of customs shall cause such vessel, or the spaces to be deducted, to be measured according to the provisions of law. The outstanding marine documents of vessels of the United States shall not be rendered void by the addi- tion of such new statement of her tonnage, unless vol- untarily surrendered; but the same may be added to the outstanding document, or by an appendix thereto, with a certificate of a collector of customs that the original estimate of tonnage is amended. If a new document is not issued, the statement of such remeasurement shall be attached by an appendix to the outstanding document, with a certificate of the collector of customs that the original estimate of tonnage is amended pursuant to the act of March 2, 1895. The appendix granted should be inserted in the next papers issued. On the remeasurement of any vessel under the act of March 2, 1895, and the issue of an appendix (Com- merce Form 1415), without the surrender of marine documents, the proper customs officer will advise the Bu- reau of Navigation of the vessel’s new net tonnage, by sending a copy of the appendix, and, if the appendix issue otherwise than at the vessel’s home port, he will also notify the collector at such port. Upon application by the owner or master of an Ameri- can vessel in foreign trade, collectors of customs, under regulations to be approved by the Secretary of Com- merce, are authorized to attach to the register of such _ vessels an appendix stating separately, for use in foreign ports, the measurement of such space or spaces as are permitted to be deducted from gross tonnage by the rules of other nations and are not permitted by the laws of the United States. As the provisions of the act of March 2, 1895, are in substantial accord with the measurement laws of the principal maritime nations, applications for an ap- pendix, stating separately the measurement of spaces which may be deducted by the laws of other nations, but not by the laws of the United States, if there be any, should be referred to the Commissioner of Navigation. VESSELS. Art. 24. Rebuilt vessels—The marine papers of any ves- sel should cite the place and date of her original build, and the date of “rebuild ” should be noted on the margin. 31 R. 8., 4155, 19, T. D. 8233. Upon affidavit by a reputable shipbuilder of the United , ft July % States that an unrigged wooden vessel of the United States has been rebuilt, giving the date and place of such rebuilding, is sound and free from rotten or doted wood in structural parts, properly fastened and calked, and in strength and seaworthiness as good as new, the Com- missioner of Navigation shall include in the List of Mer- chant Vessels a notation to that effect. Art. 25. New documents——When a new document is issued in lieu of one surrendered such new document must in all cases cite the previous document by number, date, and port of issue, and quote from it the description and tonnage of the vessel. Tsseg “9 ‘aag *g "09g “p 009 “g 998 “g ‘00g “¢ ‘09g “F099 "g 08g “erry Joy srosuessed SurALIED JON “oI 10} sIosuossed SurALIVD 44 VESSELS. Art. 36. Recorded vessels—In the documentation of recorded vessels (class 2) the builder’s certificate will be unnecessary, and the admeasurement also, if the certifi- cate of record correctly indicates the tonnage. R.S., 4132. Art. 37. Prizes and forfeited vessels—In case of applica- tion for documentation of a vessel entitled thereto by rea- son of having been captured in a war by a citizen of the United States and condemned as a lawful prize, which is wholly owned by a citizen (class 3) or condemned for a violation of law (class 4), all the foregoing requirements, except the builder’s certificate, must be complied with, and the collector must be furnished with a properly au- thenticated copy of the decree of condemnation and the proof of the applicant’s ownership. The owner’s oath will be modified accordingly. R. S., hae ou Art. 38. Registry of foreign-built vessels under section 5 1912, ey of the Panama Canal act and the act of August 18, 1914.— 91 "In the case of an application for the registry of a foreign- built vessel under section 5 of the Panama Canal act (class 8), as amended by the act of August 18, 1914, the following procedure will be observed: In lieu of the builder’s certificate, a certified copy of the ship’s foreign register, and a certified copy of the ship’s foreign measurement certificate, if there be one, will be filed with the application. The measurement laws of the United States and of the principal maritime nations are substantially the same. In cases covered by the order of the President the prin- cipal dimensions and the particulars of measurement re- quired in the certificate of registry may be taken from the foreign register or certificate of measurement and in- serted in the register. Metric terms should be converted into their equivalents. Applications for official numbers (Commerce form 1320), in addition to the information now stated, will give the name of the former owner, and state that the bill of sale has been examined by the collector of customs or not, as the case may be. The master’s oath of citizenship will be waived in cases where the President of the United States pursuant to sec- tion 2 of the act has suspended the provisions of law re- quiring citizenship. The local inspectors of steam vessels on application before the issue of a register will inspect the vessel, so VESSELS. far as may be necessary, to determine that it is “safe to carry dry and perishable cargo,” and if they find the | vessel meets this requirement they shall file a certificate that under the act of August 18, 1914, the vessel is “safe to carry dry and perishable cargo.” This inspection and certificate are to determine the eligibility of the vessel to registry under the act. The record books of recognized classification societies will assist inspectors in prompt decision on this point. Existing blanks will be modified by pen when neces- sary. The ownership and citizenship of owners will be estab- lished as in the case of vessels built in the United States. In the case of corporate ownership the applicant will furnish a satisfactory certificate as to the organization of the corporation and the names of its president and man- aging directors. The citizenship of the president and managing directors will be established to the satisfaction of the collector. Every register issued pursuant to the act quoted shall carry under the words “ Regulation of commerce and navigation, Revised Statutes of the United States,” the following notation in black ink: As amended by section 5 of the Panama Canal act and by the ~act of August 18, 1914, entitling the vessel to engage only in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila. This vessel shall not engage in the coastwise trade. This notation must appear in similar manner on all subsequent registers. The sale must be unconditional and complete. Espe- cially any reservation to the vendor of a right to repur- chase the vessel will be sufficient cause to authorize refusal to issue a register. The bona fides of the purchase and the ability to pur- chase must be established by the vendee if the collector is in doubt. A special form of affidavit has been fur- nished collectors of customs. On application by the owner or master the collector of customs will furnish a certified copy of the bill of sale for the master’s use on board. The bill of sale should contain a notation in ink refer- ring to and identifying the foreign register for future reference, if necessary. 45 46 R. S., 4139, 14 1902. 314, Act June 24, VESSELS. Special instructions concerning American-bound ves- sels in foreign ports have been furnished collectors of customs. If doubt arise in any actual case, the collector of cus- toms will wire, at the expense of the applicant, to the Commissioner of Navigation, Department of Commerce, Washington, for instructions. The order of the President of the United States under section 2 of the act follows: Eeceutive order, SrepremBer 4, 1914. In pursuance of the authority conferred upon the President of the United States by section 2 of the act approved August 18, 1914, entitled “An act to provide for the admission of foreign- built ships to American registry for the foreign trade, and for other purposes,” it is hereby ordered: 1. That the provisions of law prescribing that the watch officers of vessels of the United States registered for foreign trade shall be citizens of the United States are hereby suspended so far and for such length of time as is herein provided, namely: All foreign- built ships which shall be admitted to United States registry under said act may retain the watch officers employed thereon, without regard to citizenship, for seven years from this date, and such watch officers shall be eligible for promotion. Any vacancy occurring among such watch officers within two years from this date may be filled without regard to citizenship; but any vacancy which may occur thereafter shall be filled by a watch officer who is a citizen of the United States. 2. That the provisions of law requiring survey, inspection, and measurement by officers of the United States of foreign-built ships admitted to United States registry under said act are hereby sus- pended for two years from this date. Art. 39. Owner’s oath.—Previous to granting a register, license, or enrollment and license for any vessel owned by any incorporated company, or by an individual or individuals, the president or secretary of such company, or any other officer or agent thereof, authorized by said company in writing, attested by the corporate seal thereof, to act for the company in this behalf, or the managing owner, or his agent authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of the vessel without designating the names of the persons composing the company, when such vessel is owned by a corporation, and the oath of either of said officers or agents shall be deemed sufficient without requiring the oath of any other person interested or concerned in such vessel. VESSELS. 47 On the death, removal, or resignation of one of the B- 8. 4815. chief officers of an incorporated company, owning any vessel, and whose name appears on the documents of such vessel, a new document must be obtained. Previous to granting a register, or enrollment and &- 8» 4142. license, the owner or his agent must make oath or affir- mation of ownership before the collector. In all cases where there is more than one owner the parts or propor- tions of the vessel owned by each must be stated in the oath, and that the master thereof is a citizen of the United States, naming the master, and stating the means whereby or manner in which he is a citizen. The clause of the foregoing oath or affirmation re- B.S. 4144. lating to the citizenship of the master must be taken by the master himself, and not by the owner, if the master be within the district where the vessel is to be registered or enrolled. If any of the matters of fact contained in the oath or ,,B, 8» 4148, affirmation be false there shall be a forfeiture of the ves- sel, her tackle, furniture, and apparel, or the value: thereof, to be recovered, with costs of suit, from the person making such oath or affirmation; but if that por- 2 8. 4144. tion relating to the citizenship of the master prove false, the master or other person in charge so falsely swearing or affirming shall himself forfeit the sum of $1,000. Art. 40. Owner’s oath for license of vessel less than 20 BP Qeek: tons.—In the case of a vessel of less than 20 tons net, the Letter No. 17, owner or managing owner shall swear that she is wholly the property of citizens of the United States. This oath ~ may be taken before any officer authorized by the laws of the State to administer oaths generally, and may be mailed to the collector, whereupon action may be taken as if the oath had been administered by the collector. Art. 41. Officers of vessels to be citizens —The law re- ,,R, 8. 2174, qutres officers of vessels of the United States to be citi- |. gart tune 26, sec. 13 zens, as mentioned below, except where, on a foreign voy- act, May 28, age, or on a voyage foo an Atlantic to a Pacific port ac act "oct." 22, of the United States, such vessel is for any reason de” prived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion ' of another officer to such place, may be supplied by a per- son not a citizen of the United States until the first return of such vessel to its home port. 48 VESSELS. Act May’ 28, With the exception noted in article 38, all the officers act oat” go OF vessels of the United States who shall have charge of a 1914. watch, including pilots, shall in all cases be citizens of the United States. The word “ officers” shall include the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or-in part-by steam, and no person shall be qualified to hold a license as a commander or watch officer of a merchant vessel of the United States who is not a native-born citizen, or whose naturalization T. D. 9014. as a citizen shall not have been fully completed. Any vessel any officer of which shall not be a citizen of the United States shall pay a tax of 50 cents per ton. pate ber i, The masters, chief mates, and second and third mates, a agen Jan. if in charge of a watch, engineers and pilots of all steam stay 38, 1008, vessels, and the masters and chief mates of sail vessels of cver 700 gross tons, and all other vessels and barges of over 100 gross tons burden carrying passengers for hire must be licensed and classified. It is unlawful to employ any person or for any person to serve as master, chief mate, engineer, or pilot of any steamer, or as master of any sail vessel of over 700 tons, or of any other vessel of over 100 gross tons carrying passengers for hire, who is not licensed by the United States local inspectors. Any per- son violating the provisions of this paragraph shall be liable to a penalty of $100 for each offense. souip® 5787 Steamers of over 100 tons, gross, must be in charge of a master, who, if also licensed as a pilot, must be a pilot of the highest grade. aig, 5” 414% ~— Art. 42. Master’s oath on registry of vessel—Previous to the granting of a register the master must make oath, before the collector to whom application for registry is made, that he is a citizen, and if he is not a native of the United States the means whereby he became a citizen must be sworn to by him. R. 8. 4320. Art. 43. Master’s oath on licensing vessel—Previous to the granting or renewing of the license of any vessel the master shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or for any other employment than that for which it was specially granted, or in any trade or busi- ness whereby the revenue of the United States may be defrauded. B/N General This oath may be taken before any officer authorized Letter Nov. 17, ore 1912. by the laws of the State to administer oaths, and may be VESSELS. mailed to the collector, whereupon action may be taken as if the oath had been administered by the collector. Art. 44. Change of master—When the master of any documented vessel, except a ferryboat, is changed, the owner or the new master must report the change to the collector at the port where the same shall take place, or where the vessel shall first arrive thereafter, and produce to him the documents and make oath (Commerce Form 1811) that the new master is a citizen of the United States, and whether native or naturalized, and, if natural- ized, the means whereby he became a citizen. The col- lector will then indorse upon the document the name of the new master. The oath required to be made by the new master pre- 49 R. 8., 4171, 335. B/N General Letter Nov. 17, vious to the indorsement of the change of master on an 1912. enrollment or license may be taken before any officer authorized by the laws of the State to administer oaths, and may be mailed to the collector, whereupon action may be taken as if the oath had been administered by the collector. If the change of master be reported to the collector or deputy collector at a port other than that at which the document was granted, the officer making the memoran- dum must transmit a copy thereof to the officer by whom the document was granted, and the latter shall make the change in his record. If the change of master be not re- ported, or if the oath aforesaid be not taken, the docu- ment will be void, and the master subject to a fine of $100 for a registered vessel and $10 for a licensed vessel. Any person or persons or body corporate having more than one-half ownership of any vessel may appoint or re- 1872. move a master, whether he is or is not a part owner of such vessel, but if there be an agreement, dated prior to April 9, 1872, by virtue of which he has possession as part owner, he can not be dispossessed except by due process of law. Art, 45. Forms of oaths.—The oath of ownership re- quired for the documentation of a vessel of 20 net tons or more, shall be, as near as possible, in the following form (Commerce Forms 1262, 1270) : Oath of owner of vessel. I, . of , in the county of , and State of , do swear (or affirm), according to the best of my knowledge and belief, that the vessel called the . of , 3180°—15——4 R. S., 4250.. Act Apr. 9, R. 8., 4142, 50 R. S., 4320. R. §., 4139, 4314 Act June 24, 1902. Bi By 4182. VESSELS. official number , of ———— gross, and net, tons burden, was* [built in 19—, at ]; that I am a citizen of the United States, and that the said vessel is wholly the property of —— citizen— of the United States of America, owning and residing as follows: ; and that no subject or citizen of any foreign power is, directly or indirectly, by way of trust, confidence, or otherwise, interested therein, or in the profits or issues thereof. and that . the present master thereof, is a citizen of the the United States. Sworn to and subscribed to before me, this 19—. day of . Collector. If the vessel be of less than 20 tons, net, the owner’s oath shall be as follows (Commerce, Form 1284) : L , of , in the county of , and State of , swear (or affirm), according to the best of my knowl- edge and belief, that the vessel called the . of efficial number . of » gross, and ——— net, ton burden, is wholly the property of—— citizen— of the United States of America, viz: Sworn to and subscribed to before me, this day of ; 19—. —_— , Collector. If the vessel be wholly owned by an incorporated com- pany the owner’s oath shall be as follows (Commerce, Form No. 1263) : eg —— (president, secretary, or agent, appointed under the act of June 24, 1902, as the case may be), of Co., incorporated under the laws of the State of swear, according to the best of my knowledge and belief, that the called the . of . Official number , burden gross, and net, tons was* [built in 19—, at ]; that I am a citizen of the United States of America, and that the said vessel is owned by the said incorporated com- pany. So help me God. day of i Sworn to and subscribed before me, this 19—. ———, Collector. If the vessel be of the third class, the following clause must be substituted for the portion in brackets marked :* On the day of 19—, captured in war by a citizen (or citizens) of the United States and lawfully condemned as a prize by a decree, sentence, or judgment of the court of . an authenticated copy of which I now produce. VESSELS. If of the fourth class, the following: Adjudged to be forfeited, for a breach of the laws of the United States, by a decree, sentence, or judgment of the court of . an authenticated copy of which I now produce. If of the fifth class the following: Formerly the —, purchased from the United States (or from an officer, naming him and his office). If of the sixth class, the following: Authorized to be documented by act of Congress and by the Commissioner of Navigation by letter under date of an authenticated copy of which I now produce. In all cases where there is more than one owner the name and place of residence of, and the proportion owned by every owner must be inserted in the space marked: Oath of master. The oath of master required for the registry of a vessel shall be as follows: I, . Inaster of the ——— called the , official number , do swear that Iam a citizen of the United States, having been * [born within the limits thereof]. For the enrollment and license of a vessel the master’s oath shall be as follows: I; , master of the called the , official number . do swear that I am a citizen of the United States, having been *[born within the limits thereof}, and that the license bearing No. . and date , granted to said vessel by the Collector of Customs for the district of , Shall not be used for any other vessel, or for any other employment than (the coast- ing trade, the fisheries, or for pleasure, as the case may be), or in any trade or business whereby the revenue of the United States may be defrauded. So help me God. If the master is not a native of the United States the means whereby he became a citizen must be inserted in lieu of the clause in brackets marked * as follows: Naturalized in the State of ———, on the 1——, by virtue of a decree or order of the and the oath of allegiance according to law. day of court of i For the licensing of a vessel of less than 20 net tons the master’s oath shall be as follows: I ———, master of the vessel described in these proceed- ings for license, swear that I am a citizen of the United States of America, and that the license bearing number , and date , for carrying on the (coasting trade, or fisheries, or for , 51 T. D. 19859. R. 8, 4142, 4144, R, S., 4812, 4320, R. S., 4320. 52 VESSELS. pleasure, as the case may be), granted for the said vessel by the collector of customs for the district of , Shall not be used for any other vessel, or for other employment, or in any trade or business whereby the revenue of the United States may be defrauded. So help me God. RS, 4318. Art. 46. Vessels on Great Lakes.—Vessels of the United States navigating the waters on the northern, north- eastern, and northwestern frontiers otherwise than by sea must receive special enrollment and be licensed before they can be employed on those waters. The enrollment and license shall be in the special form provided for vessels in the domestic and foreign trade otherwise than by sea, viz., Commerce Form 1278. Commerce Form 1290 is used for yachts. Registers of American vessels arriving from a ‘foreign port must be deposited in the customhouse, under the provisions of article 98, and any marine documents of a vessel in port may be left in the customhouse for surrender and exchange. B.S. 3114, Art. 47, Repairs.—Before any such enrollment or li- T. D. 9517. cense, or renewal of either, on the frontiers aforesaid can be granted.the owner or master must make oath that all repairs put upon the vessel in a foreign country within the year immediately preceding the application have been accounted for, and the duties, if any, paid, and refusal or false swearing is punishable by forfeiture of the vessel. Certificates of registry are not ordinarily required by law for vessels employed on the Great Lakes or their tributary waters. Such vessels are, however, in every other respect, liable to the rules, regulations, and penal- ties in force relating to registered and to enrolled and licensed vessels. Art. 48. Transfer from lakes to seaboard. When a vessel so enrolled and licensed leaves the inland waters of the frontier and engages in trade on the seaboard, she must surrender her frontier papers and take out coasting papers; and if bound on a foreign voyage partly by sea, she must take, in lieu of her frontier papers, a certificate of registry. If she sails for a frontier port, and it is intended to clear her thence for a port in the United States on the seaboard or for a foreign port, in part by sea, she should be furnished with a certificate of registry before starting on her voyage. Vessels neglecting these precautions will VESSELS. ‘be subjected to the penalties and disabilities imposed on vessels engaged in trade without legal documents. Art. 49. Record and issue of documents.—The foregoing , having been complied with, the collector shall make and keep a record of the registry, enrollment, or license of the vessel by entering an exact copy of each certificate in a book to be kept for that purpose, which record shall be open to public inspection during office hours, and shall issue to the owner an abstract or copy thereof and must, at the close of each week, transmit to the Commissioner of Navigation copies of all documents granted by him. When a vessel is documented at a port other than a,,/ headquarters port, a duplicate of the marine document issued, together with the surrendered original, if there is one, must be sent by the deputy collector to the collector at the headquarters port for review. Should the head- quarters port desire duplicates of vessels’ documents, deputy collectors may be so instructed. Art, 50. Permanent documents to a vessel absent from home port.—Permanent documents may be issued to any i vessel absent from her home port upon application to the collector or deputy collector thereof, through the office of the collector or deputy collector at the port at which the vessel may be, where the master’s oath should first be taken. Whenever it shall become necessary or desirable for any vessel of the United States, in a port other than the one to which she belongs, to procure a permanent marine document, the same proceedings may be had at the port at which the sard vessel shall then be as are required by law at the port where such vessel may belong, except the issuance of the document. The officer before whom such proceedings shall be taken shall certify the same (Commerce Form 1801) to the collector or deputy collector of the port to which such vessel may belong, who shall duly document the ves- sel in the same form as if the application had originally been made in his office, and either deliver the said docu- ment or forward it by mail to the officer who certified to him the preliminary proceedings, and who shall in such case deliver the document to the owner or master of the vessel. This regulation is not to be construed to change exist- ing forms, except in so far as to enable owners to pro- 53 R. S., 4155, 4176, "431 4, ue 4321.” SADE ‘24, 1906 Ti i 33558, R. S., 4328. Acts ‘Apr. 17, tone Jan. 16, 54 R. S., 4146, Act Jan. 16, 1895, sec. 2. R. S., 4189. R. S., 4146, 4160, 4170, 4322, 4325. Act Apr. 24, 1906 Rk. &,, 4170. R. S., 4196. VESSELS. cure permanent documents without returning their ves- sels to their home ports. Art. 51. Misuse of document.—A marine document shall be used solely for the vessel for which it is granted, and shall not be sold, lent, or otherwise disposed of to any person whomsoever. Any master or owner violating the provisions of this section becomes liable to a penalty not exceeding $500. Whenever any certificate of registry, enrollment, or license, or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently obtained, or used for any vessel not entitled to the same, such latter vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture. Art. 52. Surrender of documents.—Marine documents are to be surrendered when a vessel is sold in whole or in part; when a vessel has been lost or taken by an enemy, or otherwise prevented from returning to the port to which she belongs; when a vessel is burnt or broken up; when a vessel is altered in form or burden by being lengthened, shortened, or built upon, or from one denomination to another by the mode or method of rigging or fitting; on a change from one employment to another; on the death, removal, or resignation of one of the chief officers of an incorporated company owning any vessel and whose name appeared on the documents of such vessel; upon arrival of a vessel, under temporary documents, at her home port; on a change of residence of the managing owner from cne port to another within the same customs district without change in ownership; and the exemption from documentation of vessels under the act of April 18, 1874. Art. 53. Sale of vessel— When a vessel, once registered, enrolled, or licensed in pursuance of law shall, in whole or in part, be sold or transferred to a citizen of the United States, such vessel must he documented anew; otherwise she ceases to be deemed a vessel of the United States. In every such sale or transfer there must be an instrument in writing, in the nature of a bill of sale, on Commerce Form 1340, 1342, or 1344, which shall recite at length her marine document existing at the time of execution of the bill of sale or her latest document; other- wise she shall be incapable of being so redocumented. The bill of sale shall also set forth the part of the vessel VESSELS. owned by each person selling and the part conveyed to each person purchasing. A proper bill of sale having been produced to the col- lector, the former document surrendered, and the regula- tions governing the issue of marine documents complied with in other respects, a new document may issue. Art. 54, Sale outside of home port.—Temporary docu- ,,%, ments may be granted to any vessel entitled to documen- tation which becomes the property, in whole or in part, of a citizen of the United States while at a port other than the one at or nearest to which he usually resides, in which case the master shall receive the document, which he shall surrender to the collector of the port to which the vessel belongs, within 10 days after the arrival of the vessel thereat, under a penalty of $100, to be paid sev- erally by the owner and the master for failure to sur- render such document. Should the purchase of a vessel as herein provided be made by the agent of a citizen who resides more than 50 miles from the port at which such purchase is made, the oath of ownership shall be modified (Commerce Form 1264) so as to express the fact of such agency. Art. 55. Sale abroad.—A_ documented vessel which shall have been sold or transferred, in whole or in part, to a citizen of the United States while such vessel is without the limits of the United States shall, on her first arrival thereafter, be entitled to all the privileges of a vessel of the United States if a new document is obtained within three days after the entry of the vessel in a port of the United States. Art. 56. Sale to an alien—On the sale or transfer, in whole or in part, of a documented vessel to a subject of a foreign country, even if only in trust or confidence, the document must, if the vessel be within a district of the United States, be delivered to the collector within seven days after such purchase or transfer. But if such sale or transfer happen while the vessel is in a foreign port or place, or at sea, the master or person having the charge or command thereof shall, within eight days after his arrival within any district of the United States, deliver the document to the collector of such district. Any mas- ter or owner violating the provisions of this article be- comes liable to a penalty not exceeding $500, and the document is henceforth void; and if such sale or transfer 55 R. S., 4159, R. S., 4161. R. 8., 4166. R. 8., 4146. R. 8., 4172. 56 VESSELS. shall not be so made known, the vessel, together with her tackle, apparel, and furniture, will be subject to for- feiture. This forfeiture, however, does not attach to any share of such vessel owned by a citizen of the United States who was ignorant of the sale or transfer. A mortgage of a documented vessel to an alien is not pro- hibited by law. ae Art. 57. Record of title—A bill of sale, mortgage, 7s, bypothecation, or conveyance of any vessel of the United 22) States, in whole or in part, is not valid against any per- TBRe son other than the grantor or mortgagor, unless re- corded in the office of the collector where the vessel is documented, and collectors are required to record all such papers and all evidences of the satisfaction of liens, and to keep an index of such records, alphabetically ar- ranged, and to furnish certificates setting forth the ma- terial facts of any existing bill of sale or other such paper. All such records will be open to public inspec- tion at all reasonable hours. Before being recorded a bill of sale, mortgage, hypothecation, conveyance, or sat- isfaction of mortgage, or other incumbrance upon any vessel, must be duly ackncwledgeda before a notary public or other officer authorized to take acknowledgment of deeds. Any acknowledgment valid under the laws of the State where made may be accepted. T. D. 38558. A general index will be kept at the headquarters ports of all bills of sale, mortgages, hypothecations, and con- veyances reported at all ports of entry in the district. When a bill of sale, mortgage, or hypothecation has been recorded it should be forwarded to the headquarters port for recording in the general index of the district, after which it should be returned to the port of origin for delivery to the vendee or mortgagee. Ree. Art. 58. Lost vessel—-Whenever a documented vessel 1895, sec. 2.’ shall be lost or taken by an enemy, burned, or broken up, or shall be otherwise prevented from returning to the port to which she shall belong, the document, if pre- served, shall be delivered up, within eight days after the arrival of the master or person having the charge or command of such vessel within any district of the United States, to the collector of such district. Any master vio- lating the provisions of this article becomes liable to a penalty not exceeding $500. T. D. 4887. VESSELS. Art. 59. Report of casualty to vessel— Whenever any ves- sel of the United States has sustained or caused any ac- cident involving the loss of life, the material loss of property, or any serious injury to any person, or has re- ceived any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall, within five days after the happening, or as soon thereafter as possible, send to the collector of customs of the district wherein such vessel belongs, or of that within which such accident or damage occurred, a report thereof (Customs Form 3237) signed by such owner, dgent, or master, stating the name and official number of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of such col- lectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the fore- going requirements, after a reasonable time, he will incur a penalty of $100, Whenever the managing owner or agent of any vessel of the United States has reason, owing to the nonappear- ance of such vessel, or to any other circumstances, to ap- prehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the collector of customs of the port to which the vessel be- longed, of such loss, and the probable occasion thereof, stating the name and official number of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the col- lector of such port, such additional information as he may be able; and if he neglect to comply. with the above re- quirements within a reasonable time, he shall incur a penalty of $100. It shall be the duty of the collectors of customs to im- mediately transmit to the Captain Commandant of the Coast Guard and the Commissioner of Navigation such reports and information as they may receive under the provisions of the two preceding paragraphs, and they shall also report any neglect or refusal on the part of the managing owner, agent, or master of any vessel of the United States to comply with the requirements thereof. 57 Act June 20, 1874, sees. 10. Act June 20, 1874, see. 11. Act June 20, 1874, sec. 12. 58 R. S., 4170. R. S., 4322. R. S., 4323. VESSELS. Loss of property involved in any accident sustained or caused by a vessel of the United States, amounting to less than $300, will not be reported as “ material” within the meaning of this article, and reports of such casualties, unless involving the loss of life or serious injury to any person, will not be required, except in cases of stranding, reports of which are desirable to aid in determining and locating points of danger to navigation. Reports will, however, be required in all cases of the total loss of ves- sels, although the amount involved may be less than $300. In cases of collisions reports will be required from both the colliding vessels where the damage or loss of property of the two together amounts to $300, notwith- standing one of the vessels may have suffered little or no loss. Art. 60. Change of build or rig—Whenever a docu- “mented vessel is altered in form or burden, by being lengthened, shortened, or built upon, or from one denomi- nation to another, by the mode or method of rigging or fitting, the vessel shall be documented anew; otherwise she shall cease to be deemed a vessel of the United States. When a vessel is altered in burden by the installation of an engine for propelling power, or from any other cause, she shall be remeasured, and a surveyor’s certifi- cate of admeasurement required. Art. 61. Change of trade—Any enrolled and licensed vessel may be registered, and any registered vessel may be enrolled and licensed or licensed upon the surrender of her documents to the collector of any district; but en- rollment and license must not be granted to any vessel having on board merchandise brought from a foreign port until it be wholly unladen and the duties paid or secured. When the vessel shall be at any other port than the one to which she belongs, the collector at such port shall make the exchange on the application of the master and upon his making oath that the property remains as ex- pressed in the document to be surrendered. A new docu- ment thus granted shall be temporary, and shall, within 10 days after the arrival of the vessel at the port to which she belongs, be delivered to the collector thereof for cancellation. VESSELS. 59 If the master shall neglect to deliver such temporary document within 10 days, he will be liable to a penalty of $100. Forfeiture of vessel and cargo is imposed by law in RB. 8., 4337. case a vessel enrolled or licensed for the coasting trade by sea proceeds on a foreign voyage without first sur- rendering her enrollment and license and taking out a register. Forfeiture is also provided if a licensed vessel R. 8., 4877. is employed in any other trade than that for which she is licensed. Art. 62. Application for change of name.—The name of 8. 8..,4179, Acts Mar. 2, _ 1881, sec, 2, a documented vessel shall not be changed except as pre- 3881. , sec. 2, scribed by law, under penalty of forfeiture. The Com- (#84,,.°°¢.0? missioner of Navigation has authority, under regulations 9605). er - prescribed by the Secretary of Commerce, to change the 1903, gee. 19, name of any vessel on application by the owners thereof 1913. through the collector at the vessel’s home port. Such application must show the reasons for the desired ,g3f* Ma" 7 change and that the vessel is not over 20 years old; if she 7g@f4 JY }: be over 10 years old the repairs upon her must have {593 g605)-" amounted to not less than 40 per cent, and if she be over ,,s* Mar. 4, 15 years old to not less than 60 per cent of her first cost. Her existing name must have been given her at least five years prior to the date of application for a change, and if she have boilers they must not be more than 10 years old. Evidence must be produced from the collector of cus- ,,7; Ds. 8292, toms showing that the official records at the home port and former home ports exhibit no evidence of outstand- ing indebtedness (Commerce Form 1330). The collector, in submitting his certificate of freedom from indebted- ness, will state the place of build, age, official number, the date and place of inspection or examination, the home port, and the name of the owner of the vessel. In the 1. D. 17988. case of sailing vessels or motor boats not usually in- spected, inspectors of hulls are authorized to make special examinations, at the owner’s expense, and to furnish cer- tificates. Before forwarding applications and transmitting re- .,7;,Ds. 9605. ports collectors shall see that these preliminaries have been complied with. When permission is granted, the order for the change of name must be published in some daily or weekly paper at or nearest to the port of docu- mentation in at least four successive issues, and the cost 60 T. D. 5042, T. D. 10180. R. S., 4160. 4162, 4168, 4323. R. S., 4167, 4326. T. D. 7168. R. §., 4168. VESSELS. of procuring evidence and of publication must be paid by the applicant for change of name. The name of a mortgaged vessel can not be changed even by consent of the mortgagee. The name of a steam vessel not entitled to be docu- mented can be changed only at the time of making appli- cation for annual inspection. Vessels sold by the United States Government to citizens may receive any name the owners may choose, approved by the Bureau of Naviga- tion. Art. 63. Surrender of temporary documents.—Temporary documents are to be surrendered to the collector at the port where the vessel belongs within 10 days after her arrival, and in all cases in which the surrender of perma- nent documents is required. . By the term “arrival” is to be understood the volun- tary arrival of the vessel at her home port, to which she was destined in the regular course of her employment. If, for instance, the vessel is forced by stress of weather into her home port while on her voyage for another port of destination, or stops there on such voyage to take in provisions or water, or take on passengers or baggage, such not being her usual employment, it is not an “arrival” within the meaning of the law, and the master is not obliged in consequence thereof to surrender her temporary document and take out a permanent docu- ment. Art. 64. Loss of marine document.— Whenever the marine document of any vessel shall be lost, destroyed, mislaid, or withheld from the owner, and the master or other per- son having the charge or command thereof shall make oath (Commerce Form 1305) to such fact before the col- lector of the port where such vessel shall first arrive after such loss, he shall issue a new document in lieu thereof, reciting it was issued in place of the one lost or destroyed, as the case may be. A document is held to be lost when it is wrongfully withheld from the possession of the owner. A new document thus granted by the collector at a port other than the one where the vessel belongs shall be tem- porary, and shall within 10 days after the first arrival of the vessel at the port to which she belongs be delivered to the collector, who shall thereupon grant a new document. If the master neglects to surrender such temporary docu- VESSELS. ment within 10 days he shall forfeit $100, and the docu- ment shall become null and void. In every case where a document is credited as having been lost, destroyed, or mislaid, the collector will forward a copy of the same to the Commissioner of Navigation, with the circumstances and proof of such loss or destruc- tion indorsed upon it, and upon the face should be writ- ten, “Copy transmitted in place of lost document.” Where the vessel has been lost, abandoned, or sold to for- eigners, the same fndlorsaraent will be made upon the copy as is required to be made upon a surrendered docu- ment in such cases. Art. 65. Failure to obtain a new document when re- quired. The penalty for neglecting to obtain a new docu- ment when required by law is the forfeiture of all privi- leges and benefits of a vessel of the United States. At the time application is made for the new document the former document of the vessel must be surrendered to the collector to whom the application for such new document is made. And if the former document is not surren- dered, except where the same may have been lost, de- stroyed, or unintentionally mislaid, and an oath thereof shall have been made, the owner of the vessel will become liable to a penalty of $500. On proof that any vessel has been sold or transferred 4335 by process of law and that her.marine document is re- tained by the former owners the collector of the district to which the vessel belongs may, with the approval of the Commissioner of Navigation, grant new documents, but the owners shall not be required to produce and surrender the canceled document. The issue of the new document does not remove the liability of the holders for failure to surrender the former one. Art. 66. Cancellation of marine documents.—All marine ,, documents surrendered to collectors will be transmitted by mail for cancellation directly to the Commissioner of Navigation, and if the document be delivered to the col- lector at a port other than one at which it was granted the commissioner will cause due notice to be given to the collector by whom it was issued. Art. 67. Cancellation of bond.—Whenever the master or 61 R. 8., 4169. R. S., 4164, 29, R. §., 4174, 23, he 4175. re Jan. 16, owner of a vessel shall stirrender the document of such 1895. vessel the collector shall thereupon cancel any bond given at the time of the granting of such document. If the 1874 62 VESSELS. document be delivered to the collector of any other dis- trict, he shall give the master or owner a receipt therefor in the form required. Ke ak. Art. 68. Notice of the issue and surrender of documents.— : On the issue of a document in lieu of one surrendered at a port other than the one at which it was granted or on the surrender of a document at a port other than the one at which it was granted, notice of such issue or surrender will be mailed to the chief officers of customs concerned, as follows: 1. On the issue of a temporary document to a vessel never before documented, notice of issue (Commerce Form 1303) will be sent to the vessel’s home port. 2. Issue of a temporary document in lieu of one sur- rendered because of a change in ownership, trade, rig, dimensions, or tonnage, or in lieu of one lost: (a) On the surrender of a permanent document, notice of issue (Commerce Form 1303) will be sent to the home port. (6) On the surrender of a temporary document, notice of issue (Commerce Form 1303) will be sent to the home port and notice of surrender (Commerce Form 1306) to the port of issue. 3. Issue of a temporary document because of a change in district or hail: (a) On the surrender of a permanent document, notice of issue (Commerce Form 1303) will be sent to the new home port and notice of surrender (Commerce Form 1306) to the port of issue. (6) On the surrender of a temporary document, notice of issue (Commerce Form 1303) will be sent to the new home port and notice of surrender (Commerce Form 1306) to the former home port and to the port of issue. 4. Issue of a permanent document because of a change in district or hail: (a) On the surrender of a permanent document, notice of surrender (Commerce Form 1306) will be sent to the port of issue. (>) On the surrender of a temporary document, notice of surrender (Commerce Form 1306) will be sent to the former home port and to the port of issue. 5. On the surrender of a temporary document because of the arrival of a vessel at her home port, a notice of surrender (Commerce Form 1306) will be sent to the port of issue. VESSELS. 6. Surrender of a document because of the loss, de- struction, breaking up of vessel, or sale of a vessel to an alien: (a) On the surrender of a permanent document, no- tice of surrender (Commerce Form 1306) will be sent to the port of issue. (6) On the surrender of a temporary document, no- tice of surrender (Commerce Form 1806) will be sent to the home port and to the port of issue. Art. 69. Renewal of license.—A license granted to any 4; vessel must be presented to the collector of the district in j9 which the vessel may then be, within three days after its expiration, or, if the vessel be at sea at that time, within three days from her first arrival within a district. If the master shall fail to deliver the license, as herein re- quired, he shall be liable to a penalty of $10, which shall not be mitigated. Licenses may be renewed or changed at any time dur- ing the year for which they are granted, care being taken that only one license, and for one employment, be granted to a vessel for the same time. A permanent or temporary license which has been re- ,, newed by indorsement need not be renewed again at any port until the expiration of the statutory period after the date of the latest renewal; but a temporary license must be surrendered within 10 days after the arrival of a vessel at her home port. The statutory period is one year and three days, but if a vessel is absent when the period expired, then within three days after her first ar- rival in any district she must renew her license. When a renewal is indorsed upon a license, a notice (Commerce Form 1302) must be sent to the port of issue and the port of latest previous renewal. Art. 70. Penalty for trading, etc., without license—Every 63 R. S., 4325, 26. Act Apr. 24, 06, sec. 2, 3. R. S., 4327, B/N Genl, etter No, 32, Oct. 16, 1912, R. 8., 4371. Act June 19, vessel of 5 net tons or over, entitled to be documented as 1886. sec. 7. a vessel of the United States, other than registered ves- sels, found trading between district and district, or be- tween different places in the same district, or carrying on the fisheries, without being enrolled and licensed, or licensed, as required by law, or without having a license in force, will be liable to a fine of $30 at every port of arrival without such enrollment or license. But if the license shall have expired at sea, and there shall have been no opportunity to renew such license, then the said fine of $30 will not be incurred. 64 R. S., 4316. R. S., 4317. R. §., 4836. B/N Cir. 78, June 3, 1905. RK. BS. 2216, € DP, 2isi, T. D. 5616. T. D__9426. Act. Feb. 14, 1903, sec. 10. R. S., 4214. R. S., 4336. B/N Cir. 78, June 3, 1905. VESSELS. Art. 71. Steamboats on river or bay of the United States.—- Steamboats, otherwise entitled to be documented, if employed only in a river or bay of the United States, may be enrolled and licensed as vessels of the United States although owned wholly or in part by an alien resident. The same forms, subject to the provisions of sections 4311 to 4390, Revised Statutes, will be observed in the enrollment of such vessels, except that the usual oath of citizenship will be dispensed with, and a bond required, in the penalty of $1,000, with sufficient security, condi- tioned that the said boat shall not be employed in other waters than the rivers and bays of the United States. Such a vessel being debarred from receiving ordinary papers on account of ownership will, on becoming the property of citizens of the United States, enjoy all the privileges of a vessel of the United States, and be docu- mented as such. Art. 72. Inspection of marine documents.—It is lawful at all times for any officer of the customs to inspect the marine documents of any vessel; and if the master on board of any vessel shall not exhibit the same when re- quired by such officer he will be liable to a fine of $100. The papers of a documented vessel, when such vessel is in commission, should be on board and accessible to the per- son in charge, except when such papers are in the custody of the collector. Art. 73. Yacht privileges and obligations Licensed yachts are required by law to use the signal prescribed by the Secretary of the Navy, as follows: “The American ensign, substituting in the field a white foul anchor, sur- rounded by 138 white stars in a circle, in lieu of a star for each State.” This ensign shall not be carried by yachts of foreign ownership. Any vessel owned by a citizen of the United States can carry the United States flag. The union jack of yachts should be made up on horizontal rows of stars. Yachts duly licensed shall not transport. merchandise nor carry passengers for pay. For any violation of the provisions of the law under which they are licensed yachts are liable to seizure and forfeiture. : Masters or other persons in command of yachts must exhibit their marine documents on demand of any officer of customs, and submit to such examination as he shall VESSELS. see fit to make for the due protection of the public revenue. Commissions may be issued by the Secretary of Com- merce to certain yachts belonging to regularly organized and incorporated yacht clubs to identify them and their owners during foreign voyages. Such commissions will be regarded as conclusive evi- dence of nationality. On the return of such vessels to the United States they are required to make entry at the customhouse and surrender their commissions. Whenever it shall be made to appear to the satisfaction of the President of the United States that yachts be- longing to any regularly organized yacht club of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the customhouse thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes, or charges for cruising licenses, the Secretary of Com- merce may authorize and direct the customs authorities at the various ports and subports of entry of the United States to allow yachts from such foreign ports belong- ing to any regularly organized yacht club thereof to arrive at and depart from any port or subport of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes, but the Secretary of Commerce may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they ‘shall be allowed under the foregoing provisions to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other par- ticulars as the Secretary of Commerce may deem proper. Undocumented yachts, not nationalized, or shown to be yachts, by proper registry, enrollment, or regular marine documents, foreign or otherwise, are subject to tonnage tax under the act of August 5, 1909, and Revised Statutes, 4219 and 4225, on entry from a foreign port, in the same manner as other vessels in ballast, which are not licensed as yachts or public vessels. Section 4225, Revised Statutes, will not apply if they are actually 3130°—15——5 6 5 R. 8., 4217. Act May 28, 1908, sec. 5 B/N Cir. N 171, June 1908. oO. 3, T. D._ 18292. Act Feb. 1897, sec. 2. 5, 66 T. D. 32869. (R. S., 4218. act Aug. 20, 1912). R. §., 4132, 4165, 4180. T. Ds. 17873, 17975, 18187. R. S., 4180. R. S., 4181. R, S., 4183, 84, R. S., 4190, 0: VESSELS. carrying, on arriving in the United States, a sea letter or certificate under Revised Statutes 4226, and if oath is made before the collector of customs as prescribed by that section. Such undocumented yachts, shown as re- quired by the provisions of article 76 to be the property of American citizens, are not required to enter or clear or to pay tonnage tax or light money on arriving at or departing from a port in the United States on a coast- wise voyage terminating in the same great district. On foreign voyages they must enter or clear as the case may be. Every yacht, except those of 15 gross tons or under, shall upon her return from a foreign country make due entry at the customhouse of the port at which she shall first arrive, but the master of any yachts arriving from a foreign port with dutiable articles on board shall report to the customs officer at the port or place at which the vessel shall arrive and deliver to the said officer a manifest of all dutiable articles brought from a foreign country in such yacht. Art. 74, Record of American-built vessels owned by aliens—A_ vessel built in the United States, never before documented, and belonging wholly or in part to an alien, may receive a certificate of record on Commerce Form 1316. On being purchased or wholly owned by a citizen she would be entitled to documents as a vessel of the United States. Before the issuance of a certificate of record the col- lector of the district will require the builder to swear that the vessel was built by him. The vessel must be measured and the usual certificate of admeasurement filed before the certificate of record shall be granted to the master of the vessel. Art. 75. Certificates of record.—Certificates of record shall be regularly numbered; and when recorded vessels shall be documented as vessels of the United States the certificates must be surrendered, canceled, and returned to the Commissioner of Navigation. In case of change of master of any recorded vessel, or of the name of such vessel, the collector shall note the same on the certificate, Art. 76. Certificate of protection—Any foreign-built ves- sel purchased by a citizen of the United States, although prohibited from being documented, except in accordance with the Panama Canal act and the ship registry act of VESSELS. August 18, 1914, is nevertheless entitled to legal protec- tion as property of a citizen. The collector may issue to any such vessel owned by a citizen a certificate of the walidity and filing of the bill of sale in substantially the following form. A separate record will be kept of these vessels, and in the tonnage returns they will be reported in a separate column, under the head of “Foreign-built or undocumented vessels owned by citizens of the United States.” Foreign-built American-owned vessels. I, , collector of customs for the port of 7 State of , United States of America, do hereby certify that. the bill of sale, bearing date of , L9—, of the (Class and name.) net tonnage, sold and transferred by » of , in to . of . State of , United States of America, is in form and substance valid and effective in law, and has been recorded in this office; and that the said (Purchaser. ) is a citizen of the United States. As witness my hand and seal this day of [sEat..] (Signed) ; Collector. Art. 77. Enforcement of navigation laws.—Each port of entry is charged with the duty of enforcing the naviga- tion laws. The allotments made by the Department of Commerce to a district for the hire of vessels in connec- tion with the enforcement of such laws will be distributed throughout the district where it may be used to best ad- vantage, unless specific instructions are sent to the col- lector from the Department of Commerce making such distribution. Whenever a violation of the navigation laws occurs at a port of entry other than the headquarters port the dep- uty at such port will submit to the collector a full report of the occurrence, the law violated, and the penalty in- curred. The case will then be handled by the collector in the usual manner, the amount of the penalty to be paid to the collector directly or through the deputy collector at the port of entry. The monthly report of such trans- actions for the entire district will be made by the collector. When violations of the navigation laws are reported to collectors of customs they will in each case make proper entries on Commerce Form 1080 or 1080a, and at the end of the month report all of these cases on Commerce Form 1078, being careful that the serial number of each case , 19—. 67 T. D. 8508. T. D. 33558. 68 R. 8., 4187, 4373. VESSELS, agrees with the serial number shown on Commerce Form 1080 or 1080a. As soon as these violations of the navigation laws are reported to the collectors they will immediately notify the offender of the laws violated and the penalty in- curred, giving full details in each case. The offender will be notified by the collector of his privilege of apply- ing to the Secretary of Commerce for relief from the penalties incurred. The application must be sworn to and sent to the Collector of Customs, and should contain all of the mitigating circumstances of the case. If there is a conflict between the statement of the reporting officer and that of the offender, the offender’s statement will be submitted to the reporting officer for a further report. All of the papers will then be submitted to the Secretary cf Commerce for action. It will not be necessary to col- lect the amount of the penalty until after the Secretary of Commerce has had opportunity to act on the case, unless failure to collect the penalty will result in the oftender escaping from the jurisdiction. /n every case submitted to the department the collector of customs will be careful to include the navigation fine number, as shown on Commerce Form 1080 or 1080a. The above instructions do not apply to violations of section 4325, Revised Statutes, as amended, or section 6 of the act of June 9, 1910, the penalties for which can not be mitigated or remitted by the Secretary of Com- merce. Such cases must be referred to the United: States attorney for appropriate action, provided the offender refuses to pay the penalty incurred. Art. 78. Malfeasance respecting marine documents.—Offi- cers of the customs should bear in mind the importance of strict vigilance in the issuance and inspection of docu- ments pertaining to vessels. The penalties for mal- feasance in this respect are severe and will be enforced. Any officer of the customs found guilty of the making or granting of any false document or record of any ves- sel, or who takes any fee not allowed by law, or receives any reward or gratuity for any service required by law relating to vessels, or falsely describes the admeasure- ment of any vessel, will be liable to a fine of $1,000 if the offense relate to a vessel engaged in the foreign trade, or $500 if the vessel is engaged in the domestic trade, and in each case such officer will be disqualified from holding office under the Government. VESSELS. The penalty for willful neglect of any officer to do any , act enjoined upon him by the statutes relating to vessels is $500, and by a like fine for the second offense and in addition will be disqualified from holding office under the Government. _ Any person forging, altering, or falsifying any instru- ment purporting to be an official copy or certificate of the documents or records of any vessel engaged in the for- eign trade is liable to a penalty of $1,000; and every per- son who forges, counterfeits, alters, or falsifies any en- rollment, license, certificate, permit, or other document relating to vessels engaged in the domestic trade is liable to a penalty of $500. Every person who knowingly makes, utters, or pub- lishes any false sea letter, Mediterranean passport, or certificate of registry, or who knowingly avails himself of such documents, will be liable to a penalty of not more than $5,000 and, if an officer of the United States, dis- qualified from holding any office under the Government. Every person who assaults, resists, or hinders any officer in the execution of any act or law relating to the enrollment, registry, or licensing of vessels, or of the laws relating to vessels in domestic trade, or any of the powers or authorities vested in him by any such laws, will for every such offense, for which no other penalty is pro- vided, be liable to a penalty of $500. Art. 79. Abstracts of marine documents and accounts of tonnage.—Abstracts of documents issued and surrendered will be kept according to Commerce Forms Nos. 1202~ 1205a, 69 R, 8. 4188, 374, Act Mar. 4. 1909, Criminal Code, sec. 72. ~ R. S., 4375. R. 8., 4191. R. S., 4376. VESSELS. 70 “‘SUUIMOo [B19Ae8 8T]} Jo Sosodind oy} 97VOIPUL 0} popudajUL oIv UIIOJ OY} UI ope soLtjus oy..— ALON “TTS ‘OT “"l T18 OT : | $061 ‘oT AON 29% L ; : a T ‘Sarpueys}no souvped | 8061 ‘zt “ady 169 9 "0.0 ® "d | 9061 ‘08 “ydag 906T (eT “dag | 2 “| Tost ‘¢ Av 602 9 "9 1 | 9061 {08 “dag “| g6gt‘z ome | OF “] ¥06I ‘9¢ “deg 088 ¥ ..[, SOL L@SS2A. | 906T 122 “3deg 7777] 906T'¢ “ny | % "| SO6T ‘ZT “uer 98 g ““-armaayz | o06t'e “3dag | “| eo6t ‘Zt “xdy | or | 90612 “remy ed z "4sO] “mm00 ‘YUBON “| 60g | J098130 uy | 9061 ‘9r “any Tost ’s dep] 9 |i 7) Goer arma poops ee] ase (Tease aOR ABEL |e Fs EAI “ST@SSOA 6 ‘Ieq1eNb 4svy ot} JO puo oy} 98 yORI)S -q8 STq) Japon say “sl ggg prog 906T ‘Ez 4g oer i eee uUey | AG |” SO6T ‘ZT “mer | eT or Tt pore he eer i eee ERPs SAT ee) eee: 680'2 Tee eae -pue}sjno et 2) 2 9° yy 2 9 #| 3 : 2 g55/ 2 Gel? 3 c . L : “SUM. “TOM 3 a eq ‘ON eT . "8q “ON | 10 “q) "sso = ‘eq |'ON *[OSSOA. 9 $n ‘00d *]OSSOA. jo | ‘Sry 5 BSS & a jo. | -3re § euleN z Set | & euleN o s A, 4 : 2 : oe ; j 5 : ‘ : etd perepuorng 10481403 a -noop somos 70 mondysosog | “88001 roqsTa0y *(qaL1a40) CTUTANaWAAS SUALSIOTU ‘(CUL1gad) CaAsSsl SUTISIOTA ‘9061 ‘saquajday fo hop yos ay} 07 fang fo hop 387 ay wouf ‘———- fo jor.481p ay) ut pasapuatins pun panssr siajsiba. qusunuLiad fo ,o0.4ysqy [,."Steqsg eTeyM,, 10 << 883,, «, W18848,, cc TE8S,, 07114] —<—} : [ perepuei oq 4sNUI sesseA Jo SassB[D sq} JO Tova Jo sjovnsqe oyeredog qnq ‘seLIEYSy Oey OY} UT sfossoA PUT s[osseA Svs pus ‘Uva}s ‘[res—ssJoystse1 Arelodula} puv yUoueULIed Jo syOeI}Sqe JO} pesn oq 04 st YuLlq sty] ‘Z0ZL WYO T AOUAWNOD VESSELS. Separate accounts will be kept for steam, gas, and sail vessels. The number of vessels and the amount of regis- tered tonnage thereof outstanding on the last day of the preceding quarter will be entered at the head of the debit side of the account; underneath a brief record will be made of every certificate of permanent registry issued during the quarter. In all cases, except where a register is granted for a new vessel, and except where loss, destruction, or mis- laying is proved, the former document is to be surren- dered when a new document issues. In the column headed “ Why issued” the reason for granting the register is to be inserted. In the columns headed “ Description of former docu- ment,” in the quarterly abstract of registers, a reference is to be made to the surrendered document. The first entry on the blank form catalogue, No. 1202, supposes a register-to have been granted to a new vessel. The second entry supposes an enrollment to have been surrendered. The third entry, that a vessel has been sold within the district to which she belongs, which circumstance is ex- pressed by the words, ‘“ property changed.” The fourth entry, that a vessel previously owned and registered out of the district has been purchased by citi- zens within the district, which is expressed by the words, “ property and district changed.” The fifth entry, that legal proof has been made of the loss, destruction, or mislaying of a permanent register issued within the district, and that another register has been granted. The sixth entry supposes a vessel to have been altered, so as to render a new registry necessary and the former one to have been surrendered. The seventh entry, that a vessel belonging in the dis- trict has arrived home under a temporary register issued to her in another district, which temporary register has been surrendered and a permanent register issued to her instead. On the credit side of the account are to be entered all permanent registers surrendered or vacated. The first entry supposes a surrender of a register on a change of property, and is made to annul the charge pre- viously made on the debit side of the account. 71 72 VESSELS. The second entry is supposed to be made on proof of loss being produced and granting a new register. The third entry supposes the surrender of a register where the vessel has been altered. The fourth entry is to vacate a debit on proof of satis- factory information being received of the loss of a vessel. The fifth entry supposes the surrender of a register and issue of an enrollment in lieu thereof. The sixth entry supposes the case of a vessel belonging to the district and sold in another district, in consequence of which the register is surrendered. It will be observed that all permanent registers issued are to be entered on the debit side of this account, and that counter entries on the credit side are to be made whenever said registers are surrendered or vacated, so that the balance of the account may at all times exhibit the amount of registered sailing tonnage belonging to the district. For certificates of temporary register, an account is also to be kept, in which are to be entered all registers issued in one district to vessels belonging in other districts. The debit entries in the abstract relate to cases in which temporary registers are to be granted, where a vessel is purchased for or sold to citizens of the United States belonging out of the district, and where an en- rolled vessel is out of the district to which she belongs and is registered before proceeding on a foreign voyage, and where a vessel arrives in a district other than that to which she belongs; her register having been lost, destroyed, or mislaid. The credit entries are to be made whenever the sur- rendered registers are received from another officer, or when information is received from the Commissioner of Navigation that they have been so surrendered, or when legal proof is made that they have been lost, destroyed, or mislaid. The observations made respecting the mode of keeping the account of permanent registers are appli- cable also to this. Of enrollments, both permanent and temporary, and of licenses of vessels under 20 tons, separate accounts will be kept in like manner. Art. 80. Records and indexes—When a document is granted it must be recorded in the book appropriated for that purpose, and entered also in the proper index. VESSELS. When a document is surrendered; or when proof of loss, destruction, or mislaying is made to the collector by whom granted, or regular information thereof re- ceived from any other office; or when an alteration has been made in the vessel; or when there has been a change of master or a change in the name, in case of a recorded vessel; or when, for any cause, an indorsement has been made on the original document; or official information has been obtained that any document has ceased to be of validity, an indorsement, accurately stating the fact, will be made on the back of the record. Also, when a vessel is proved to have been lost, aban- doned as unfit for service, or sold to aliens, an indorse- ment will be made in like manner, stating the date, place, and circumstance of such disaster, abandonment, or sale. When a new document is issued an indorsement will be made on the record of the former document, referring to the new document and to the record thereof. ‘When a document is surrendered or canceled a suitable entry will be made in the index. Art. 81. Accounts of marine documents.—The accounts of permanent and temporary papers are in all cases to be kept separately, as above described. Separate ac- counts are to be kept of steam vessels, gas, and sail ves- sels, and of enrollments issued to canal boats and to barges. Under the head of barges are to be included all documented vessels, other than canal boats, of whatever tonnage, not propelled by sails or steam. Licenses will be issued to vessels of less than 20 tons burden and to those engaged in the coasting trade and those in the fisheries. For convenience of reference, a list is appended of the accounts to be kept. Permanent register, sail. Permanent register, steam. Permanent register, gas. Permanent register, barges. Permanent register, whale fishery, sail. Permanent register, whale fishery, steam. Permanent register, metal vessels, sail. Permanent register, metal vessels, steam. Permanent register, metal vessels, gas. Permanent register, metal barges. Temporary register, sail. Temporary register, steam. Temporary register, gas. 73 VESSELS. a Temporary register, metal vessels, sail. Temporary register, metal vessels, steam. Temporary register, metal vessels, gas. Permanent enrollments, sail. Permanent enrollments, steam. Permanent enrollments, gas. Permanent enrollments, canal boats. Permanent enrollments, barges. Permanent enrollments, metal vessels, sail. Permanent enrollments, metal vessels, steam. Permanent enrollments, metal vessels, gas. Permanent enrollments, metal barges. Temporary enrollments, sail. Temporary enrollments, steam. Temporary enrollments, gas. Temporary enrollments, canal boats. Temporary enrollments, barges. Temporary enrollments, metal vessels, sail. Temporary enrollments, metal vessels, steam. Temporary enrollments, metal vessels, gas. Licenses under 20 tons, sail, * coasting trade.” Licenses under 20 tons, sail, “the fisheries.” Licenses under 20 tons, steam, “ coasting trade.” Licenses under 20 tons, gas, “ coasting trade.” Licenses under 20 tons, barges, “ coasting trade.” Licenses under 20 tons, steam, “ the fisheries.” Licenses under 20 tons, gas, “ the fisheries.” Licenses under 20 tons, metal vessels, steam, “ coasting trade.” Licenses under 20 tons, metal vessels, gas, “ coasting trade.” Licenses of enrolled vessels, sail, “‘ the fisheries.” Licenses of enrolled vessels, steam, “‘ the fisheries.” Licenses of enrolled vessels, gas, “the fisheries.” PLEASURE YACHTS. Permanent enrollments, sail. Permanent enrollments, steam. Permanent enrollments, gas. Permanent enrollments, metal yachts, sail. Permanent enrollments, metal yachts, steam. Permanent enrollments, metal yachts, gas. Temporary enrollments, sail. Temporary enrollments, steam. VESSELS. Temporary enrollments, gas. Temporary enrollments, metal yachts, sail. Temporary enrollments, metal yachts, steam. Temporary enrollments, metal yachts, gas. Licenses under 20 tons, sail. Licenses under 20 tons, steam. Licenses under 20 tons, gas. Licenses under 20 tons, metal yachts, sail. Licenses under 20 tons, metal yachts, steam. Licenses under 20 tons, metal yachts, gas. A separate book will not be needed for each account, except where required by the volume of business, but each account should be kept separately in the appropriate book of abstracts. Care should be exercised that no document be credited upon any abstract which has not before been debited in the same account. This can very easily be prevented if the indexes are properly kept. Art. 82. Quarterly returns of tonnage.—Quarterly re- turns will be made to the Commissioner of Navigation, consisting of a transcript of the foregoing accounts, ac- companying which must be transmitted all surrendered originals and copies of all lost originals. Every surrendered document should be indorsed simi- larly to the record thereof in the record book. Quarterly returns of tonnage should be accompanied by a letter of transmittal (Commerce Form 1201). When the name of a recorded vessel is changed and indorsed on the certificate of record, the form of the quarterly abstract will require an additional column, in which the new name will be inserted. Transactions under the title “ Vessels built,” “Vessels lost,” “Vessels abandoned,” “Vessels sold to aliens,” “Foreign vessels admitted to registry,” or “Change of home port, rig, tonnage, or dimensions” should be re- ported on Commerce Form 1200 and forwarded with the quarterly returns of tonnage. Collectors will transmit to the Commissioner of Navi- gation at the end of every month an abstract of all regis- ters, enrollments, and licenses, on Commerce Form 1208, surrendered to them which were issued at other ports. Accompanying this abstract will be sent all such sur- rendered documents. 75 76 VESSELS. Upon receipt of these surrendered documents the Com- missioner of Navigation will send notice thereof to the ports at which they were issued. Collectors on receiving such notice will make the required credits upon their quarterly abstracts and indexes. When there are no transactions a notice to that effect will be sent. (Commerce Form 1209.) Art. 83. Lists of vessels.—Collectors at the several ports will, within three months before the close of each fiscal year, revise the list of vessels owned at their respective ports; and in cases where the ship’s papers not having been returned, or notice otherwise given, there is reason to suppose the vessels have been lost, sold, or documented elsewhere, they will make inquiries concerning them, and upon receipt of satisfactory information of loss or sale, the proper indorsements thereof will be made in their record books and the proper credits upon their quarterly abstracts. Art. 84. Measurement of vessels——The regulations gov- erning the measurement of vessels are contained in a separate publication issued by the Department of Com- merce. Art, 85. 86. 87. 88. 89. 91. 92. 93. 95. 96. 97. 98. 100. 101. 102. 103. 104. 105. 106. 107. 108. CHAPTER III. FOREIGN AND COASTING TRADE BY SEA AND WATERS OF THE list—Penalty for. FRONTIERS. ARRIVAL AND ENTRY. Art. : 109. Equipment. Production of manifest—Certifi- | 110 BUnEEE foal; mates cation—Muster of destitute 111. Importing merchandise in vessels AvieriGan:- seamen: of less than 30 tons burden— Production of crew list and crew. _ Penalty for. : ; Penalty for nonproduction of 112. Discrimination against American manifest. yess ; : Officer to report noncompliance 113. Boarding or Ieaving vessel with- of master. out permission. Penalty for obstructing boarding officers. DUTIES UPON TONNAGE. - Copy of manifest for the auditor. | 114 Vessels subject to tonnage duty— Report of arrival and entry of Computation. uessele sell et Beant, 115. Rates of tonnage duty. War vessels not required to en- | 116 Vessels in the domestic trade. ner : 117. Certificate of payment. Deposit of papers of United 118. Alien officers on vessels of the Biaies yeasels, ; United States. meee of papers of foreign ves- 119. Exemptions from tonnage duty. Consular services to masters. LANDING oF CARGO. Manifest—Contents and form. Failure to have a correct mani- ; 120. Discharge of cargo. fest—Opium—Penalty for. 121. Discharge before arrival at desti- Incorrect manifest due to acci- nation. dent, ete—No penalty—Post | 122. Transfer to another vessel. entry. 123. Vessels in distress. . Vessels—Forfeiture of. 124. Cargo of vessel prevented from Oath—Foreign mails. reaching destination. Delivery of mail. 125. Permit for unlading. Report of distilled spirits or | 126. Time for discharge of cargo— wines. ' General order. Carriage of destitute seamen in | 127. Preliminary entry of vessels and United States vessels. the lading and unlading at Departure without entry of ves- night and on holidays—Com- sel. pensation of officers. Record of entrance and clearance | 128. Discharge of ballast. of vessels—Record of mani- | 129. Record of disposition of cargo. fest. 130. Merchandise for foreign ports. Sea stores. 181. Foreign vessels proceeding coast- Sealing of sea stores. wise. Failure to have correct sea-store | 132. Residue cargo for other dis- trictss—Bond. WT 78 Art. 133. 134. 135, 136. 137. 188. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. FOREIGN AND COASTING TRADE BY SEA. Residue cargo for foreign ports or for foreign ports and other domestic ports—Bond. Copy of report and manifest— Certificate of landing. Report and entry on arrival in other districts. Foreign vessels wrecked in Amer- ican waters. Vessel sunk two years. Cargo of wrecked vessel. Merchandise derelict from a wreck—Entry by underwriters and salvors, Derelict merchandise prima facie dutiable—A pplication. CARRIAGE OF PASSENGERS. Masters in foreign trade must deliver, with manifest, list of passengers, Requirements for the carriage of steerage passengers, Examination of vessels steerage passengers. Death of passengers. Copies of law to be on board. Number of passengers, etc. Head tax. with FOREIGN CLEARANCES. Requirements on clearance. Outward foreign manifests. Shippers’ manifests to be deliv- ered before clearance. Inspection under State laws. Crew list—Certified copy of. Shipping articles—Issuance port sanitary statement. United States securities. Mail matter. Medicine chests. Foreign steam vessels without passengers. Carriage of high explosives. Carriage of inflammable or ex- plosive materials on steam pas- senger vessels departing from the United States, Gasoline, etc., for motor vehicles. of Art. 161. 162, Radio apparatus and operators on steamers. Observance of neutrality. COASTING TRADE AND FISHERIES, 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. Great districts. Entry and clearance, coastwise licensed vessels. Entry of coastwise vessel— Manifest. Clearance coastwise, Registered vessels. Registered vessels in coastwise and foreign trade. Report of arrival at another port. Masters in coastwise trade to keep a count of passengers. Fishing vessels touching and trading at foreign places. Whale fishery. Guano trade, VESSELS TRADING ON THE NORTHERN 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. FRONTIERS. Report—Manifest—Entry of mer- chandise. Delivery of manifests. Failure to deliver—Penalty. Touching at intermediate ports. Clearance. Trading between ports and places not ports, Steam tugs—Ierryboats—Penal- ties. Permit to unlade. Unlading in another district. Trade on Lake Michigan. Foreign vessels not to engage in coasting trade on frontiers. Sea and saloon stores of Ameri- can vessels trading with Can- ada. Equipment and repairs to Amer- ican vessels on waters of north- ern frontiers. PILOTAGE, Federal pilots—Branch pilots. State laws. Interstate pilots, FOREIGN AND COASTING TRADE BY SEa. 19 ARRIVAL AND ENTRY. Art. 85. Production of manifest—Certification—Muster of ashi, preted destitute American seamen.—The master of every vessel ,.f; PS {3% bound to a port in the United States must on arrival 8208. within 4 leagues of the coast or within the limits of any collection district in which the cargo or any part thereof is intended to be unladen, produce the original manifest for inspection to any officer of the customs who may first come on board the vessel, and also deliver to him a copy thereof for each port at which merchandise is to be unladen. The boarding officer, after examination and compari- son of the original and copies, shall certify on the orig- inal to their production and on the copies to the fact of their agreement with the original and shall forthwith transmit a copy to the collector of each district to which the merchandise may be consigned. The certification 1. D. 3757. must be made on the manifests and not upon separate paper and attached thereto. The original manifest must be ready for production on demand, but a reasonable time will be allowed by the boarding officer for the preparation of copies. The certificate of the boarding officer shall be in the following forms: Certificate af boarding officer indorsed on original manifest. I, , certify that the within manifest was this day produced to me as an original manifest of the cargo on board the , whereof is master, from In witness whereof I have hereunto signed my name this day of , 19—. Certificate of boarding officer indorsed on copies of manifest. T; , certify that I have examined the within mani- fest, produced to me this day as a copy of the original manifest of the cargo on board of the . whereof ——— is master, from , with the original and find the same to agree. In witness whereof I have hereunto signed my name this day of . 19—. . : : : _ B.S, 4577. Boarding officers will muster destitute American sea- %.8;,45' 26, ‘ 7 1 1884, sec. 9; men, if any should be on board, in order to verify the 1884, sec. 9: consular certificates. 1886, sec, 18. Art. 86. Production of crew list and crew.—The master _ R. 8. 4576, as amen: of every vessel of the United States returning from aact. Mar. 3, foreign voyage or engaged in the whale fishery shall ex- “te D, 17975. 80 R. §., 2814. T. D. 8308. R. 8., 2815. R. S., 3068. FOREIGN AND COASTING TRADE BY SBA. hibit the certified copy of the list of the crew to the first boarding officer at the first port in the United States at which he arrives on his return, and also produce the per- sons named therein to the boarding officer, whose duty it shall be “to examine the men with such list” and to report the same to the collector. The collector at the port of arrival, if it is not the port from which the vessel orig- inally sailed, will transmit a copy of the list so reported to him, or a certificate as prescribed by the Department of Commerce (Commerce Form 1432), to the collector of the port from which such vessel originally sailed. For each failure to produce any person on the certified copy of the list of the crew the master and owner are severally liable to a penalty of $400, but such penalties are not incurred on account of the master not producing to the first boarding officer any of the persons contained in the list who may have been discharged in a foreign country with the consent of the consular officer there residing, certified in writing, under his hand and official seal, to be produced to the collector with the other persons compos- ing the crew, nor on account of any such person dying or absconding or being forcibly impressed into other serv- ice, of which satisfactory proof shall also be exhibited to the collector. Art. 87. Penalty for nonproduction of manifest.—If the master of a vessel laden with merchandise, arriving from a foreign port, shall not upon demand of the proper officers of the customs produce the manifest and copies thereof, or shall not give a true account of the destina- tion of such vessel, he will for every such neglect, refusal, or offense be subject to a penalty not exceeding $500. Art. 88. Officer to report noncompliance of master.—If the master of the vessel fails to comply with the require- ments of law relative to the production of his manifest, the officer will make a report in writing of such fact to the collector. Art. 89. Penalty for obstructing boarding officers.—If the master of a vessel coming into or having arrived at any port of the United States obstructs or hinders or inten- tionally causes any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue laws of the United States, he will for every such offense be liable to a penalty of not more than $500 nor less than $50, FOREIGN AND COASTING TRADE BY SEA. 81 Art. 90. Copy of manifest for the auditor—LEvery master ( woe ae of a vessel arriving in the United States from a foreign 159. sec, P bao, port, except of a vessel carrying merchandise in bond on 22473. 24194. transfer ferries, must, immediately upon landing and before entering his vessel at the customhouse, mail to the Auditor for the Treasury Department, Washington, a true copy of the manifest of his vessel, and on entering his vessel must make affidavit that he has mailed such copy and that the same is true and correct; and he must also mail to the auditor a true copy of the corrected mani- fest filed on any post entry of his vessel, and make afii- davit to such mailing. Any master who neglects or refuses to mail to the said auditor the required copy of the original and corrected manifests, shall be subject to the same fines and penalties fixed by law for his refusal to deliver the manifest of his vessel to the collector. This regulation does not apply to districts in which there are naval officers. ‘ Vessels calling at a port for bunker coal and departing . D. 30200. within 48 hours, without lading or unlading any cargo, are not required to file or forward to the Auditor for the Treasury Department copies of manifests. Vessels entering at ports of entry in nonnaval office eee districts will be required to furnish manifests in dupli- cate, in addition to the copy mailed by the master to the Auditor for the Treasury Department. One copy will be filed at the port of entry, and the other, with the disposi- tion of the various consignments noted thereon, for- warded in due course to the headquarters port for trans- mittal to the Auditor for the Treasury Department. In naval office districts the same procedure will be fol- lowed, except that the copy of the manifest forwarded to the headquarters port will be filed at that port after liquidation of the vessel’s accounts and verification by the naval officer, and no copy of the manifest need be forwarded by the master to the auditor. Envelopes with the address of the Auditor for the Treasury Department, and instructions printed thereon, will be furnished collectors by the Treasury Department on requisition, and will be delivered to masters of vessels arriving in nonnaval office districts, either by boarding officers, or by collectors, before permitting entry of such vessels. An additional copy of the manifest will be required at all ports for the use of the discharging inspectors. 3130°—15——6 82 R. S., 2774. T. D. 6603. T. D. 4107. R. 8., 2774. T. D. 6603. Act. Feb. 15, TD. 9778. T. D. 21040. T. D. 15662. T. D. 13915. Act Aug. 18, 94. T. D. 15358. R.S., 2791. FOREIGN AND COASTING TRADE BY SEA. Art. 91. Report of arrival and entry of vessel—Bill of health Within 24 hours after the arrival of any vessel from a foreign port, or as soon thereafter as the hours of business at the customhouse will permit, the master is required, if the vessel has not been boarded by a customs officer assigned for the purpose, to report the arrival of the vessel to the collector. Vessels may depart, at the op- tion of the master, after report and before the expiration of 48 hours. Within 48 hours after arrival, exclusive of Sundays and holidays, the master is required to make entry of his vessel by delivering the original manifest to the collector at the customhouse and making oath in the prescribed form. When a manifest shall be produced to the collector not certified by the boarding officer, the master must make oath that no officer has demanded or indorsed a manifest of the cargo of the vessel. The master of such vessel neglecting or omitting to report the arrival, or to make entry of his vessel, will be liable for each offense to pay the sum of $1,000. | Any person bringing in a derelict vessel may take the master’s oath. Masters arriving from a foreign port or place shall de- liver to the collector at the time of entry as part of the ship’s papers duplicate bills of health from the American consular officer at such port, but bills of health are not re- quired from any port where there is no such consular officer. No such vessel shall be permitted to enter with- out the production of a certificate of free pratique issued by the health or quarantine officer at the port of arrival. Consular bills of health are to be surrendered at the first port of entry in the United States, but entry of a vessel should not be refused for nonproduction of bills of health. For failure to procure bills of health, proceed- ings for enforcement of the penalty should be taken as for other violations of the revenue laws. Consular bills of health are not required for vessels plying between foreign ports on or near the frontier and domestic ports adjacent thereto, except during the preva- lence of any of the quarantinable diseases at such foreign ports. Art. 92. War vessels not required to enter.—lIt is not necessary for any vessel of war or vessel employed by any FOREIGN AND COASTING TRADE BY SEA. foreign Government for the conveyance of letters and dispatches to report and enter on arrival in the United States, unless engaged in the transportation of merchan- dise in the way of trade. Art. 93. Deposit of papers of United States vessels——Be- fore entry is made of a vessel of the United States the register, with the clearance and other papers issued to the vessel at her last port of departure for the United States, must be produced to the collector. The register is to be retained by him until a clearance is granted. 83 R. S., 2790. Art. 94. Deposit of papers of foreign vessels——The master ,,®, §,,4? of every foreign vessel is required at the time of entry to produce to the collector the register or other document in lieu thereof, together with the clearance and other papers issued to the vessel at the port of departure for the United States, and within 48 hours after entry to deposit the same with the consul or vice consul of the nation to which the vessel belongs, and to deliver to the collector the certificate of that officer that the papers have been so deposited. For a failure to comply with this regulation the master of the vessel so offending is subject to a fine of not less than $500 nor more than $2,000. This regulation does not apply to vessels of foreign nations in whose ports consuls of the United States are ’ not permitted to have the custody of the papers of vessels of the United States. The papers thus lodged with the consul shall not be returned to the master of the vessel until the production by him to the consul of a clearance from the collector of the port where the vessel has been entered, and any consul offending against this regulation is subject to a fine of not less than $500 nor more than $5,000. Art. 95. Consular services to masters.—Masters shall de- R. §., 4213. 23 Stats. L., liver to the collector of the district in which the vessel 56 shall first arrive on her return to the United States copies of all receipts given to them by consular officers for fees or charges paid to such officers. Also, masters for whom any official service shall be performed by any consular agent without the payment of a fee, will require a written statement of such services from the consular agent, and, after certifying as to its correctness, will, under a penalty of $50 for failure, deliver said statement to the collector of the district in which the vessel shall first arrive on her 84 FOREIGN AND COASTING TRADE BY SEA. return to the United States, which statement of services, together with the copies of receipts above referred to, for moneys paid to consular officers, shall be forwarded monthly by the collector to the Auditor for the State and Other Departments. osty, ©” 7806 = Art. 96. Manifest—Contents and form.—Every vessel isfst Je 8, which brings merchandise from a foreign port or place Queen” 2 must have on board a full manifest of the cargo in writ- Bratch, die. ing, signed by the master, specifying in detail the cargo laden, the port or ports where the cargo was shipped, the different ports to which it is consigned or intended to be entered, the names of the consignees, the names of the passengers on board, their baggage, and the remaining ship’s stores; and also contain a description and build of the vessel, admeasurement or tonnage thereof, the port to which she belongs, and the names of the owners. Any form of manifest in substantial compliance with these requirements will be accepted, and a separate list of passengers and their baggage may be filed. The mani- fest may be in English or in the language of the nation to which the vessel belongs. If in a foreign language the agent must furnish a translation if requested by the collector. If the cargo is to be delivered in different ports the portions so destined must be stated in succes- sive order in the manifest. RS. 8¢e0, Art. 97. Failure to have a correct manifest—Opium—Pen- ee 735), alty for—If any merchandise is brought into the United 27246, 32083. States in any vessel whatever from any foreign port with- out having such a manifest on board, or which shall not be included or described in the manifest, or shall not agree therewith, the master shall be liable to a penalty equal to the value of such merchandise not included in such manifest; and all merchandise belonging or con- signed to the master, mate, officers, or crew of such vessel which is not included in the manifest shall be forfeited. enor That the master had no knowledge that the goods not Bhe Queed 11 manifested were on board is not sufficient to relieve him aotap 32083, trom the penalty. og 721% In all cases where opium is found on board a vessel, not g4nnp® 27083 manifested, the fine should be imposed. The value of smoking opium for the purpose of assessing the fine is the foreign value thereof. In such cases the vessel is liable for the penalty prescribed in section 2809, Revised Statutes, and clearance should be refused until the pen- alty is paid or secured. 2 8 FOREIGN AND COASTING TRADE BY SEA. Art. 98. Incorrect manifest due to accident, ete.—No pen- ie = alty—Post entry. Whenever it is made to appear to the 2725." satisfaction of the collector, naval officer, and surveyor, or to the majority of them, where those officers are estab- lished at any port, or to the satisfaction of the collector alone, where either of the other of the officers is not estab- lished, or to the satisfaction of the court in which a trial shall be had concerning such forfeitures, that no part of the cargo of any vessel without proper manifest was unshipped, after it was taken on board, except such as shall have been particularly specified and accounted for in the report of the master, and that the manifests had been lost or mislaid, without fraud or collusion, or were defaced by accident, or became incorrect by mistake, no forfeiture will be incurred, and no fine will be imposed. Prohibited opium found on board a vessel, not mani- tested, does not fall within the provisions of section 2810, Revised Statutes, and the fine should be imposed. Except in the case of prohibited opium, not manifested, the master may be allowed to correct his manifest by means of a post entry. Where the discrepancy between the manifest and the officer’s return is trifling or evi- dently due to accident, mistake, or natural causes, the post entry requirements may be waived. Art. 99. Vessels—Forfeiture of— Vessels used as com- mon carriers are not subject to seizure or forfeiture by 18 T. D. R. §&., 85 2810, . 2669, 32083. 2887. T. Ds. 3616, 18719 2, D; RS. 18719. 3088. ear” t.’Feb. 8, 4772, force of the provisions of Title 34 of the Revised Stat- or, ia = utes unless it shall appear that the owner or master of atte 82 Bed. such vessel, at the time of the alleged illegal act, was a consenting party or privy thereto. Clearance should not be refused for the purpose of T. D. 82433. collecting a fine imposed upon the master, unless he or the owner was a party to the illegal act. The Govern- ment’s remedy is limited to an action against the master. Art. 100. Oath—Foreign mails—The master of every vessel of the United States arriving from a foreign port must state, under oath, that he has delivered at the proper foreign port all mails placed on board his vessel before her last clearance from the United States. Art. 101. Delivery of mail—Collectors shall not permit R. S., RS, 3989, 1. any vessel arriving within a collection district of the 39 United States to make entry or break bulk until all let- ters on board of such vessel shall be delivered to the nearest post office, under a penalty not exceeding $100. Collectors are authorized to examine and search vessels 4212. 3988, 3990, 86 R. 8., 2775. R. 8., 4578. Act June 26, 1884, sec. 9. Act June 19, 1886, sec. 18. T. 'D. 5480. R. S., 2773. FOREIGN AND COASTING TRADE BY SEA. for letters which may be: on board or carried contrary to law. A receipt will be taken from the postmaster stating when the letter bags were delivered at the post office, and certifying to the condition of the seals at that time, which receipt shall be handed to the collector at the time of the entry of the vessel. Art. 102. Report of distilled spirits or wines.—The master of any vessel having on board distilled spirits or wines is also required, within 48 hours after his arrival, whether at the first port of arrival or not, to report in writing, on Customs Form 6067, to the surveyor, the foreign port or place from which he last sailed; the name, burden, denomination of the vessel; his own name; to what nation the vessel belongs; the quantity and kind of spirits and wines on board, and the number of packages containing the same, with their marks and numbers; and the quan- tity and kinds of spirits and wines on board as sea stores, under penalty of a fine of $500 and the forfeiture of the merchandise so omitted. Art. 103. Carriage of destitute seamen in United States vessels.—Masters of vessels of the United States, home- ward bound, are required, under a penalty of $100 for each refusal, to receive on board, at the request of con- sular officers, any destitute seamen, and to carry them to the port of the vessel’s destination, on the terms specified by law; but no vessel shall be obliged thus to transport, on one voyage, more than 1 such seaman for each 100 tons burden, nor to receive any person having a contagious disease. If any seaman be so carried who is unable to perform duty, the Comptroller of the Treasury may allow an additional compensation to the vessel. Art. 104. Departure without entry of vessel_—If a vessel, arriving from a foreign port within the limits of a collec- tion district, shall depart or attempt to depart, unless to proceed to a more interior district to which she may’ be bound, before report or entry shall have been made, the master will be liable to pay the sum of $400; and the col- lector, surveyor, naval officer, or the commander of any revenue cutter is authorized to arrest and bring back such vessel to the most convenient port. This penalty will not be incurred if it shall be made to appear to the satisfaction of the collector, or of the court, that such departure was occasioned by stress of weather, pursuit or duress of enemies, or other necessity. FOREIGN AND COASTING TRADE BY SEA. These provisions apply to foreign as well as American vessels, but do not extend to a vessel arriving from a foreign port and passing through the conterminous waters of a river which forms the boundary between the United States and foreign territory, for the purpose of proceeding thereto. Art. 105. Record of entrance and clearance of vessels— Record of manifest—Records will be kept at every cus-. tomhouse of the entrance and clearance of vessels in the foreign and coastwise trade, and shall be open to public iuspection. At ports of entry a transcript of such records will be forwarded at the close of each month to the head- quarters port, showing the name of the port, date of entry or clearance, whether coastwise or foreign, nation- ality, rig, sail or steam, name of vessel, net tonnage, port of departure or destination, whether in ballast or cargo, ard the amount of fees or tonnage taxes collected. Re- ports of tonnage movement of vessels will be prepared at district headquarters. The record of manifests will be kept at all ports, and , vessels will be alphabetically indexed therein on Customs Form 3477, giving only the date of arrival, number of manifests, name of vessel, and date on which the manifest was filed. Art. 106. Sea stores.—A list of sea stores must be pre- , sented with the manifest, and whenever it appears to the coun 87 D, 33557, par. 20. T. ae 33227, R. S., 2795, 2796. az. pe 4438, 9927, collector and naval officer, if any, that the quantities of 21661, , 22012) the articles reported by the master as sea stores are exces- sive, the collector and naval officer, if any, may estimate the amount of duty on such excess, which shall be paid forthwith by the master, or forfeit the value of such ex- cess, and no protest can be taken from such estimate. Surplus stores must be entered for immediate con- sumption, and not for warehouse, and are dutiable as imported merchandise. Surplus sea stores can not be transferred to another vessel, except when having been withdrawn from bond they can be transferred from one vessel of the United States no longer employed to a vessel of the United States of the same line in active service in the foreign trade. In such case the transfer may be allowed under the supervision of a customs officer, but sea stores of a vessel of the United States are dutiable on her changing from the foreign to the coasting trade, unless it is shown that the stores are of domestic origin. 25884; 26673. T. Ds. 25692, T. D, 4420. 88 FOREIGN AND COASTING TRADE BY SEA, 180% i773 Sea stores of vessels belonging to regular lines in the 8314)" 17870; foreign trade, delayed in port for any cause, may be Bens transferred under the supervision of customs officers to another vessel of the same owner without payment of duties, but duties must be paid on such stores landed for consumption, except American products. oogae™ 4836 ‘The term “sea stores” embraces only articles for the 26864, 28321.’ use and consumption of the passengers and crew of a ship upon its voyage. Art. 107. Sealing of sea stores—On boarding vessels arriving from foreign ports, after certifying the mani- fests, the boarding officer may place under seal such stores as in his judgment are not required for immediate use or consumption on board while the vessel is in port, and shall file with the surveyor or collector where there is no surveyor a certificate on Customs Form 3201 of such stores placed under seal, leaving on board a copy of such certificate for the use of the master in the event of the vessel proceeding to ancther district. Customs inspect- ors in charge of the vessel may from time to time, as in their judgment the exigencies of the case may require, issue from under seal stores for consumption on board the vessel, and shall make report to the surveyor or col- lector, as the case may be, on Customs Form 3203 of such stores so issued, leaving a copy with the master. R.8., 2797. Art. 108. Failure to have correct sea store list—Penalty for—If any other or greater quantity of articles are found on board a vessel as sea stores than are specified in the store list or manifest, or if any sea stores are landed without a permit first obtained from the collector and naval officer, if any, all such articles will be subject to forfeiture and the master will be liable to a penalty of treble the value of the articles omitted or landed. T. D. 32088. Collectors shall impose the penalties accruing under this article, allowing the master to his remedy by applica- tion to the Treasury Department for remission. rshet Mar 3: Art. 109. Equipment.—The equipment of an arriving oat De 11220, vessel is nondutiable, but if landed for consumption 29260, 32450, duties must be paid, except upon such equipment as is of 34925, 35394. “American origin. The legitimate equipment of vessels belonging to reg- ular lines plying between foreign ports and the United States delayed in port for any cause may be transferred FOREIGN AND COASTING TRADE BY SEA. 89 under customs supervision from one vessel to another of the same owner without payment of duties. Articles for the outfit and equipment of naval vessels ,,Act Aug. 24, 1912, 5 (T. cr other vessels of the United States and vessels built in D305) ain the United States for foreign account and ownership or sec. IV, "par. J, for the purpose of being employed in the foreign or D. 34150). domestic trade may be imported in bond, and upon proof that such articles have been used for such purposes no duty shall be paid thereon. Art. 110. Bunker coal_—The master of any vessel pro- R. S., 2798. pelled by steam, arriving at any port in the United pati, 26808, States, may retain all the coal such vessel may have on 28935. , board at the time of her arrival, and may proceed with such coal to a foreign port without being required to land the same in the United States. A foreign vessel clearing from a domestic port for a foreign port and stopping at another domestic port solely for bunker coal is not required to make report and entry. An outward manifest of the coal taken must, how- ever, be filed with the collector; but if seamen be shipped thereat, cargo or passengers landed or taken, regular entry and clearance is required. A vessel from a foreign port arriving at a domestic port other than that to which she is bound, solely to pro- cure coal to enable her to continue her voyage, is not required to enter or clear or pay tonnage tax. In such cases the collector at the port of first arrival will notify the collector at the port of ultimate destination in order - that the tonnage tax may be levied. A vessel from a foreign port, bound to another foreign port, may put into a domestic port for coal supplies, and proceed without entry or clearance or payment of taxes. In all cases the vessel must be under customs supervi- sion while in port. Art. 111. Importing merchandise in vessels of less than R.5., 3095. 30 tons burden—Penalty for.—Except in the districts of 1904. Apa the United States adjacent to Canada or Mexico, no 5839, 13712 dutiable merchandise shall be imported in any vessel of less than 30 net registered tons under the penalty of seizure and forfeiture of the vessel and merchandise so imported. Art. 112. Discrimination against American vessels.— ost Oct 8 ie Whenever any foreign nation prohibits the importation par, 4 subsec, in vessels of the United States of any merchandise except ' 90 Act Mar. 4, 1915, T. D. 35206. Act Aug. 2, 1882, sec. 9. S., ata Ret Mar iy 1900 (T. D: 222 T. D. 32811. FOREIGN AND COASTING TRADE BY SEA. the produce or manufacture of the United States, vessels of such foreign nation shall, unless otherwise provided by treaty, with their cargoes, be subject to forfeiture for bringing into a port of the United States merchandise which is not the product or manufacture of the country to which such vessels belong. So much of section IV, paragraph J, subsection 2 of the act of October 3, 1913, as provides for the forfeiture of any vessel owned by citizens of the United States, but not a vessel of the United States, together with her cargo, is repealed. Any such tonnage duties, light money, or discriminating duties collected since the passage of the act of August 18, 1914, will be refunded, and: any such forfeitures incurred are remitted; provided that any ves- sel of the character above described after entering an American port shall, before leaving the same, be regis- tered as a vessel of the United States. Art. 118. Boarding or leaving vessel without permission.— It shall not be lawful for the master of any steamship or other vessel carrying passengers after the arrival of the vessel within a collection district of the United States to allow any person, except a pilot, officer of the customs or health officer, agents of the vessel, and consuls to go on board or to leave the vessel until after it has been taken in charge by an officer of the customs, nor after charge so taken without leave of such officer until all the passen- gers and their baggage shall have been landed. It shall not be lawful for any person, with or without the consent of the master, except the persons above men- ° tioned, to go on board of a vessel not carrying passengers, and not in distress, arriving at any port of the United States, until the vessel has been properly inspected by the customs and quarantine officers and placed in se- curity by being brought to the dock or anchored at a point at which the cargo is to be taken on or discharged. Collectors of customs may upon application issue passes to board incoming vessels after such vessels have been inspected by the quarantine authorities and taken in charge of by an officer of the customs: (1) To persons on official business; (2) in cases of imperative emergency; and (8) to representatives of the press. Imperative emer- gency means the meeting of a passenger: (a) Accompany- ing the body of a deceased relative or friend; (b) Seriously FOREIGN AND COASTING TRADE BY SEA, ill; or (c) Summoned home by news of affliction or disas- ter. Passes covering a period not to exceed six months may be issued to each duly accredited representative of a newspaper or of the Associated Press or other press association. No more than one pass shall be issued at one time to any newspaper, except that one substitute pass may be issued for use on occasions when the regular ship- news representative is ill or for any other reason is unable to serve. Passes for single trips may be issued on special occasions, when reasons satisfactory to the col- lector are given, to duly accredited newspaper representa- tives. Such single-trip passes may also be issued to repre- sentatives of photographic companies, provided they pre- sent satisfactory reasons to the collector and letters of per- mission from the agents of the vessels to be boarded. All requests for passes not falling within the above classes will be referred to the Department for its decision, and under no circumstance will passes be issued except by the Secretary of the Treasury or an Assistant Secre- tary or a collector of customs. Such passes are not trans- ferable, and will be forfeited upon presentation by others than those to whom issued, DUTIES UPON TONNAGE. Art. 114. Vessels subject to tonnage duty—Computation.— : 91 Act Aug. 5 909, sec. 36, A tonnage duty of 2 cents per ton, not to exceed in the Act,” Oct. | 3 aggregate 10 cents per ton in any one year, is imposed at par. §. each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, Newfoundland, or the coast of South America bordering on the Caribbean Sea, above and including the mouth of the Orinoco River, and a duty of 6 cents per ton, not to exceed 30 cents per ton per annum, is imposed at each entry on all vessels which shall be entered in any port of the United States from any other foreign port, not, however, to include vessels in distress or not engaged in trade. The tonnage year is to be computed from the date of the first payment, and expires on the day previous to the corresponding date of the following year. Tonnage duty will be suspended, in whole or in part, whenever the President, by proclamation, shall so direct. 3, sec. IV, T. D. 6082. 92 T. D. 35206. Act Feb. 5 . D, (T . 22547. FOREIGN AND COASTING TRADE BY SEA. Art. 115. Rates of tonnage duty.—The following table shows the rates of tonnage duty and “light money ” to which the several classes of vessels are liable: Rate per Classes of vessels. Under what law. net ton. Vessels of the United States: 1. Whose officers are citizens!_.___. Act of Aug. 5, 1909, sec. 36.....] $0.02 or $0.06 And, in addition, if any officer is | R.S., 4219... ........-.------- -50 not a citizen. Vessels not of the United States: 1. Not built in the United States, of, and provided with goa it of, and provi with sea le ters or other customhouse doc- ee 5, 1909, sec. 36.....| .02 or oo uments proving the vessels to aD emcee eo ee See ee " be en Sheet (See And, in addition, if the owner or | R. S., 4225, “light money”... . -50 master refuses to take the oath required by section 4226, R. S. - 2. Vessels not of the United States. .| (When under treaty and proc-| .020r .06 lamation, the same as ves- sels of the United States.) 3. Belonging wholly or in part to subjects of foreign sige and not having privileges under treaties and proclamations— Act of Aug. 5, 1909, sec. 36.....| -020r .06 (a) Built in the United States, HR. S., 4219... ....0.....2.....- -30 oO % sec. 36..... -O20r . (b) Not built in the United te 8., 419" decetee rae a 150 (© Wherever built, which enter peer oe eee si pene ‘port or lace where vessels of the United || Act of Aug. 5, 1909, sec. 36.....) .020r .06 States are not ordinarily |/R.S.,4219.......-....---- a 2.00 Pein fer be oatloetaa one R. S., 4225, “light money”’.... -50 each entry from such port or Te . 4, Without documents— Act of Aug. 5, 1909, sec. 36.....1 .020r .06 (a) Built in the United States, |{R.S.,4219...................- -30 etc. (tbe same as vessels of ||R. S., 4225, “light money’”’.... -50 class 3a). ‘Act of Aug. 5, 1909, sec. 36..... .020r 106 (b) Not built in the United |{R.S.,4219.............- oenscis -50 States (the same as vessels |(R. S., 4225, “light money”... -50 of class 3b). In case of dissatisfaction with the ruling of the customs officer relative to the amount of tonnage tax assessed, application for the refund of such e tax as may have been erroneously or alleeally collected may be made within one year to the Secret of Com- merce. Such application should be accompanied by a claim on Commerce form 1086 oo the amount in question, after the receipt of instructions from the Commissioner of a ion. ity ree by R. S. 4219 is not to be collected provided the vessel is regis- tered under the act of Aug. 18, 1914. 2 The duty prescribed by R. S. 4219 and 4225 on a vessel owned by a citizen of the United States is not to be collected i Peevaoed the vessel after entering an American port shall, before leaving, be registered as a vessel of the United States. » American documented yachts are not subject to tonnage dues or light money. Foreign-built yachts owned or chartered by American citizens, the title to which was ac- quired subsequent to February 5, 1897, are subject to tonnage tax on entry from foreign ports under section 4219, Revised Statutes, and light money under section 4995, Revised Statutes, unless exempted from the latter by section 4226, Revised Statutes. An unrecorded bill of sale is not such a document as will exempt a vessel from FOREIGN AND COASTING TRADE BY SEA. the payment of light money under section 4225, Revised , Statutes, and the recording of such bill of sale after the arrival of the vessel is not sufficient to relieve it from the payment of the tax. Art. 116. Vessels in the domestic trade—Tonnage duty accrues generally on the arrival at any port of the United States of any registered vessel which, while bound on a voyage from one domestic port to another, has entered at any foreign port, unless such entrance was made in distress or only for bunker coal or fuel oil. Vessels enrolled and licensed for trade in the waters of the northern frontiers, entering direct from a foreign port, must pay tonnage tax, except as otherwise directed ; but if such vessels clear from a port in one collection dis- trict for a port in another collection district and com- plete the voyage to the port of destination, they are not required to pay tonnage tax, although during the voyage they may touch at intermediate foreign ports and re- ceive on board dutiable goods. Foreign steam tugs employed in towing coastwise ves- sels are liable to pay 50 cents per ton on the measure- ment of the vessel towed, unless the towing is done in. whole or in part within or upon foreign waters, or when the tugboat is owned © ‘by a foreign railway company whose cars enter into the United States by means of such transportation. Art. 117. Certificate of payment.—A certificate on Com- merce form 1002 will be issued by collectors to every master showing the date and number of each and every payment made by him during the tonnage year, which will constitute the official evidence of such payments. In the absence of such certificate, evidence of payment of tonnage duty must be obtained from the Commissioner of Navigation, to whom appeals for refund must be ad- dressed. The decision of the Commissioner of Navigation is final on all questions relating to the collection of the ton- nage tax and to the refund of such tax when collected erroneously or illegally. Art. 118. Alien officers on vessels of the United States.— 93 a > OR Atty. R. S., 2793. R. 8., 4370. T. D. 6082. T. D. 10284 Act July 5, 1884, sec. 3. e S., 4219. Acts June 26, There will be collected from every vessel of the United ti sec 1} States of which an alien shall be an officer a duty of 50 se cents per ton, unless such alien shall have supplied a va- cancy occurring during a foreign voyage, or a voyage ” 94 1915, FOREIGN AND COASTING TRADE BY SEA, between Atlantic and Pacific ports, in any place below the rank of master; but such alien shall not act as officer after the return of the vessel to her home port. In all such cases the collector will report the facts to the Secre- tary of Commerce for instructions before imposing the duty. Act Mar. 4, This article does not apply to vessels of the United States registered under the act of August 18, 1914, on which alien officers are permitted under the Executive order of September 4, 1914, until the time fixed by that order shall have expired. 8., 2791, Art. 119. Exemptions from tonnage duty.—Vessels of war R, 4214, 4215 4220. "and vessels employed by any foreign nation as public packets for the conveyance of letters and dispatches, and vessels of the United States in the coastwise trade or ex- clusively engaged in the whale or other fisheries, and T. Ds. 18292, pleasure yachts belonging to a foreign yacht club, as 20150, 22547; 23181. provided for in section 4216 of the Revised Statutes and the act of February 5, 1897, and documented yachts of the United States, and vessels in distress entered at a port other than that of destination, and vessels not en- _ gaged in trade, are exempt from the payment of tonnage duty. Vessels from foreign ports entering or touching solely for the purpose of taking on bunker coal sufficient only to enable the vessel to complete voyage, and vessels char- tered by any foreign Government for the transportation of fuel oil, if the terms of the charter provide for the payment of port charges and tonnage tax by the foreign government, are exempt from the payment of tonnage duty. Vessels arriving from the Canal Zone and the naval station at Guantanamo, Cuba, are exempt from tonnage duty. 1E,P* 10379, The fact that a vessel touches at an intermediate port R. S., 4221. at which it neither performs such acts as under our laws would require entry and clearance, nor takes on board or discharges passengers or cargo, and which touching is merely an incident in the voyage, will not deprive such vessel of the rights derived from sailing from a 2-cent port, such being its port of departure. In the absence of better evidence the affidavit of the master may be ac- cepted to show the facts. In cases of vessels making regular daily trips between any port of the United States and any port in the Do- FOREIGN AND COASTING TRADE BY SEA. minion of Canada, wholly upon interior waters not navi- gable to the ocean, no tonnage or clearance fees shall be charged against such vessel by the officers of the United States, except upon the first clearing of such vessel in each year. 95 Act May 28, Any passenger vessel engaged triweekly or oftener in j 95° 2%: trade between ports of the United States and foreign ports shall be exempt from entrance and clearance fees and tonnage taxes while such service triweekly or oftener is maintained. Vessels entering otherwise than by sea from a foreign port at which tonnage or lighthouse dues or other equiva- lent tax or taxes are not imposed on vessels of the United States shall be exempt from the tonnage duty of 2 cents per ton. LANDING OF CARGO. Art. 120. Discharge of cargo.—It is unlawful for any vessel to unlade its cargo or any part thereof elsewhere Act Mar. 8, 1910. a R. S., 2770. Act June 26, 1884, sec. 29. than at a port of entry or place designated by the Secre- 15577, 15781,” tary of the Treasury as a customs station to which it is destined, but the collector may permit such portions of the cargo as may be in bulk to be unladen at the expense of parties in interest, and under the supervision of cus- toms officers, at other places within the district, if so au- thorized by the Treasury Department. When permission is granted to unlade a vessel at a specially designated place within a collection district, only such expenses may be charged as would not have been incurred if the merchandise had been unladen in the ordinary way. Art. 121. Discharge before arrival at destination.—lf, after the arrival of any vessel, bound to the United States from a foreign port, within the limits of any collection district of the United States, or within 4 leagues of the coast thereof, any part of the cargo of such vessel shall be unladen before its arrival at the port of destination and without authority from the proper officers of the customs, the master of such vessel and the person next in command will respectively be liable in the sum of $1,000 for each offense; and the merchandise so unladen, except in the case of accident, necessity, or stress of weather, will be subject to forfeiture. When such un- lading occurs from these unavoidable causes, and the Act Feb. 13, 1911, sec. 4. T. D, 31271, R. S., 2867. 96 T. D. 6603. R. S., 2868, R. S., 2891. Rk, &., 2892, 2893. FOREIGN AND COASTING TRADE BY SEA, master, with two or more of the officers and mariners of the vessel, of whom the mate or other person next in command shall be one, shall make oath of the facts before the collector of the district within which the casu- alty occurred, or before the collector of the first district at which such vessel shall afterwards arrive. if the casu- alty occurred within 4 leagues of the coast and without the limits of any collection district, the penalty will not be incurred. Art. 122. Transfer to another vessel—If any merchan- dise unladen from any vessel shall be transferred into any other vessel, except in the case of accident, necessity or distress, to be proved in the manner prescribed in the preceding article, the master of the vessel into which the merchandise shall be so transferred, and every other person aiding and assisting therein will be subject to a penalty of treble the value of the merchandise, and the vessel into which the merchandise shall be transferred will be subject to forfeiture. Art. 123. Vessels in distress.—If a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination, the master, together with the person next in command, within 24 hours after arrival, may make protest in the usual form, upon oath before a duly authorized person, setting forth the causes or circumstances of such neces- sity. This protest, if not made before the collector, must be produced to him and the naval officer and a copy thereof lodged with them. The master of such vessel must make entry within 48 hours after arrival, if he does not depart in the mean- time, and if it appear to the collector by the certificate of the officials, if any, charged with the duty of ascer- taining the condition of vessels arriving in distress, or by affidavit of the master, or if there be no such officers, by the certificate of two reputable merchants, to be named by the collector, that it is necessary to unlade the vessel, the collector and naval officer will grant a permit and detail an inspector to supervise the unlading; and the merchandise so unladen will be stored under custody of the collector. At the request of the master of the vessel, or of the owner thereof, the collector and the naval officer will grant permission to enter and pay the duties on, and FOREIGN AND COASTING TRADE BY SEA. dispose of, such part of the cargo as may be of perishable nature, or as may be necessary to defray the expenses af attending the vessel. And if the delivery of the cargo does not agree with the master’s report, and the difference be not satisfactorily explained, the master will become subject to the penalties provided in the case of ordinary importations. The cargo, or the residue thereof, may be reladen on board the vessel, under the inspection of an officer, and the vessel may proceed with the same to her destination, subject only to the charge for storing and safe-keeping of the merchandise and the fees for entrance and clear- ance. Art, 124. Cargo of vessel prevented from reaching desti- nation.— When a vessel is prevented by ice, shallow water, or other obstructions, or by reason of marine casualty, from reaching her port of destination, the collector of the district in which such vessel may arrive may permit entry of the vessel and its cargo, and permit the unlading of the cargo in such place in his district as he may deem proper, to be forwarded to its port of destination, or duty paid at such place of discharge. Such cargoes may be forwarded to destination in the same manner as mer- chandise is forwarded under entry for immediate trans- portation, or for transportation and exportation, as the case may be. However, all regulations, restrictions, and provisions shall apply in such cases as if the unlading and delivery took place at the port of destination. Art. 125. Permit for unlading.—Entry having been made , of the merchandise on board, and any duties thereon hav- ing been estimated and paid, or secured to be paid, the collector jointly with the naval officer, if any, shall grant a permit (Customs Form 3363, 3371, or 8713) to deliver such merchandise, and then, and not before, it shall be lawful to deliver the same. Unless specially authorized in accordance with the act of February 13, 1911 (art. 127), no merchandise brought in any vessel from any foreign port shall be unladen or delivered from such vessel within the United States except in open day. Art. 126. Time for discharge of cargo—General order.—. 9 7 R. S., 2894. R. S., 2896. ae June » Sec. 2. 5, R. 8., 2872, R. S., 2880. Act May When merchandise remains on board a vessel after the 1896. expiration of the legal time for discharging the same the collector shall take possession thereof, 3180°—15——_7 9, 98 R. S., 2966. T. D. 19390. FOREIGN AND COASTING TRADE BY SEA, The legal time allowed is as follows: Vessels of less than 500 tons, 10 working days after entry. Vessels of 500 tons and less than 1,000 tons, 15 working days after entry. Vessels of 1,000 tons and less than 1,500 tons, 20 work- ing days after entry. Vessels of 1,500 tons and upward, 25 working days after entry. The working days of a vessel are to be computed by excluding the date of entry, legal holidays, and stormy days, when discharge is impracticable with safety to cargo. All merchandise found on board at the expiration of these periods, not reported for transshipment to some other district or some foreign port or place must be taken possession of by the collector. When it shall appear by the bill of lading that the cargo is deliverable immediately after the entry of a ves- sel, the collector may at once take possession of such mer- chandise and deposit the same in a general-order ware- house, but at the written request of the owner, agent, or master of the vessel, and at the risk and liability of the owner of the vessel, the collector may issue a lay order to suspend the operation of the general order and to allow the cargo landed, but not permitted, to remain upon the pier or wharf, properly protected, for a period of 48 hours after entry of the vessel. This period may bé extended in cases of necessity upon application of such owner, agent, or master. A bond of indemnity may be required by the collector. At the expiration of the said period the inspector will send the unpermitted merchandise to the designated warehouse and have the same weighed and gauged, if required. If it does not appear by the bill of lading that the cargo is deliverable immediately, the owner, agent, or master of a vessel may, with the consent of the owners or consignees of the cargo, request and authorize the col- lector in writing to take immediate possession of the cargo. The owner, agent, or master of a vessel, independently of the owners or consignees of the cargo, may also re- quest and authorize the collector to take possession of the cargo, but in such case one day’s notice, in writing, of intention so to authorize is required, and one working FOREIGN AND COASTING TRADE BY SEA, day must intervene between the giving of the notice and the issuance of the order to discharge. All merchandise of which the collector shall take pos- session, under the provisions relating to the time for the discharge of a vessel’s cargo, shall be kept with due and reasonable care at the charge and risk of the owner. The limitation of time for unlading shall not extend to a vessel laden exclusively with coal, salt, sugar, hides, dyewoods, wool, or jute butts consigned to one consignee, arriving at a port for orders. The master of a vessel so laden will enter the vessel “for orders,” and within 15 days thereafter, and before the unlading of any part of the cargo, he may be per- mitted to amend the manifest by designating the actual port of discharge of such cargo. In the event of failure to designate the port of discharge within 15 days such cargo must be discharged at the port where the vessel entered, and the legal time for unlading shall be com- puted from the day after the entry for orders. If a longer time is required to discharge her cargo the collector is authorized and required to allow such longer time, not exceeding 15 days, but the compensation of the inspector for every day’s attendance exceeding the num- ber of days allowed by law shall be paid by the owner or master. An extension of time may be granted to a vessel Jaden with salt, coal, and similar bulky articles consigned to several consignees, but the master or owner or agent of the vessel must deposit with the collector or guarantee the payment of a sum equal to the compensation of the in- spector in charge for each day’s service in excess of the limitation. Before clearance shall be granted to such vessel, the inspector must render an account in triplicate of the amount due for overtime, one copy to be delivered te the consignee or master of the vessel and the other two to the collector. The compensation of the inspector must be deposited with the collector, and if, by reason of the delivery of the cargo in other districts, the limitation is exceeded, the compensation of the inspector in charge is to be paid for every day in excess; and before clearance shall be granted to such vessel the inspector must render an ac- count in duplicate of the amount due for overtime—one copy to be delivered to the consignee and the other to the collector. 99 R. §., 2969. Act June 3, 1892 (T. D. 12871). Act May 9. T, D. 2911. T. D. 2911. 100 FOREIGN AND COASTING TRADE BY SEA. ror’ Fe? 18. Art. 127. Preliminary entry of vessels and the lading and 31 562. T. Ds. 2764 27699 9, lading at night and on holidays—Compensation of offi- cers.—Preliminary entry of vessels prior to formal entry, and the lading or unlading of vessels and other convey- ances at night and on Sundays and holidays may be granted upon application therefor by the master, owner, agent, or consignee, on Customs Form 3195, and a bond given in such penal sum as the collector deems sufficient, on Customs Form 3209. In lieu of a bond being given on each application, a general bond in the penal sum of $50,000 on Customs Form 3199 may be given to cover the lading or unlading of all cargoes of any vessel or vessels or other conveyances, or of any line of vessels or other conveyances, arriving within six months from the date thereof. tT. p. 32159, Bond for transportation of merchandise, and for such T. D. 32043 -lading and unlading of merchandise may be given by common carriers designated for the transportation of dutiable merchandise on combined Customs Form 3587. Application being made, and the bond given, the col- lector may issue a special license for the lading or unlad- ing of such vessels or other conveyances on Customs Form 3213. Should it be desired to unlade any vessel under pre- liminary entry by day only the same procedure will be followed and the same forms will be used, modified by striking out the words printed in italics therein. If a permit be desired for the lading or unlading at night of a vessel after regular entry thereof at the customhouse, or of-cars or other conveyances after report thereof, the same procedure will be followed and the same forms used, modified by striking out the words printed in parenthesis. The same procedure should be followed in connection with the issuance of a special license to lade or unlade cars on Sundays or holidays with appropriate alterations in the forms used. Permits running for a period of one month may be issued for lading or unlading at night of bonded mer- chandise from vessels or other conveyances on Customs Form 3853, provided that the required bond has been given on Customs Form 3199 and application has been filed therefor on Customs Form 3851. Collectors of customs should refuse to, issue permits for lading or unlading of vessels at night when by reason FOREIGN AND COASTING TRADE BY SEA, of the character of the cargo.or of the conditions or facilities at the place of lading or unlading, the i issuance thereof would be dangerous to the revenue. ce Consideration should be given to the laws of the Sta in which the port of entry is located, and in no case should such permits be granted except on the ground of grave commercial necessity. The term “at night” as used herein includes the hours from 6 p. m. of any day to 7 a. m. of the following day. The compensation of customs officers and employees for services performed for any time between 6 p. m. and 11 p. m. shall be one full day’s pay, and if continuing until after 11 p. m. two full days’ pay; and the compensation for such services the performance of which commences after 11 p. m. shall also be two full days’ pay. Officers and employees whose regular hours of employ- ment are from 8 or 9 a. m. to 4.30 or 5 p. m. will not be allowed extra compensation for services rendered between the regular closing hour and 6 p. m., nor between 7 a. m. and the regular opening hour. Extra compensation to be paid boarding officers for boarding vessels at night will be allowed at the rate of $1 for each vessel boarded, but not to exceed $3 in any one night, and will be collected from the vessels boarded. If several vessels are boarded on the same night the cost will be pro rated among them equally. Protests against the exaction of extra compensation should be forwarded by collectors to the Secretary of the Treasury. A deposit will not be required in advance of the per- formance of such services, unless the collector deems it advisable. If a deposit is so required, or before the exact amount payable is ascertained, a memorandum receipt will be made out in duplicate and signed by the collector or his deputy, and by the payor on Customs Form 5923. , When payment for such services is not required until after the amount payable has been ascertained, the col- lector will immediately, upon such amount being ascer- tained, submit a statement thereof on Customs Form 5921. Such memorandum receipts and accounts shall be made out in triplicate. The duplicate, receipted by the cashier, will be given to the payor, and the original T. D. 34872. 102 T. D. 32309. T. D. 33275. R. S., 2873. R. S., 2888. 2889 FOREIGN AND COASTING TRADE BY SEA, will be attached to the account on Customs Form 5019 to be submitted to the Auditor for the Treasury Depart- ment each month by the collector. The triplicate copy will be retained in the office of the collector. Immediately on such deposits or payments being made. they will be deposited to the credit of the United States as “Night services of customs officers and employees under the act of February 18, 1911,” and collectors will include in their monthly estimates a statement of the amount necessary to pay for such services during that month and to refund any moneys deposited in excess. Advances for that purpose will be made upon such esti-. mates from the special fund so deposited. These regulations do not apply to the landing of pas- sengers, the examination of passengers’ baggage, or to the sealing or manifesting of merchandise in transit through Canada. Merchandise unladen or delivered from a vessel con- trary to the act of February 13, 1911, renders the master and every other person who shall knowingly be con- cerned therein, or in removing, storing, or otherwise se- curing such merchandise, liable to a penalty of $400 for each offense, and disabled from holding any office of trust or profit under the United States for a term not exceeding seven years. Art. 128. Discharge of ballast——A master of a vessel bringing ballast of no mercantile value may obtain a per- mit to discharge the same on taking an oath on Customs Form 3173. A permit therefor will then be issued on Customs Form 3175. Art. 129. Record of disposition of cargo.—The discharg- ing inspectors will show the disposition of the cargo by noting on the manifest the various entries made therefor, with their numbers, and by indicating packages sent to the public stores or under general order, and noting all discrepancies between the manifests, the permits, and the merchandise found. They will also report on Customs Form 5931 goods manifested but not landed, and goods landed but not manifested. The manifest and such re- port, together with the permits, orders, receipts, and other vouchers covering the merchandise, will be for- warded to the surveyor or to the collector, if there be no surveyor, accompanied by Customs Form 5933, signed by the discharging inspectors. This will constitute the FOREIGN AND COASTING TRADE BY SEA. 103 return of the discharge of cargo as provided for in article 1085. Art. 130. Merchandise for foreign ports. = ebecds may R. S., 2776, proceed with any merchandise brought by them into the aT Ds: 8245, United States which shall appear in the manifest or post ran entry to be destined for any foreign port. If such mer- chandise be dutiable a bond must be taken on Customs Form 3219 in a sum equal to the amount of the duties thereon, conditioned that the merchandise shall not be landed within the United States unless entry thereof shall be first made and the duties thereon paid or secured, which bond shall be taken for the same period and can- celed in the same manner as bonds taken on exportation of merchandise from warehouse. Art. 131. Foreign vessels proceeding coastwise.—A_ for- ee eign vessel can not without incurring a penalty carry 1898 ny D. merchandise or passengers from port to port in the United States, or for any part of the voyage, even though the voyage may be temporarily broken by a clearance for a foreign port and arrival there; but she may proceed from_T- D. 7748. one domestic port to another for the purpose of unlading her foreign cargo or to take in cargo for a foreign voyage. The transportation of passengers and their baggage only by vessels engaged solely in the tourist trade from 623 Of, At; a port in the United States touching at foreign ports and 9P; Atty. Gen., returning to the original port of departure in the United States. is not a violation of the foregoing provisions. Such vessels taking on passengers at noncontiguous territory of the United States on the return trip are sub- ject to the provisions of the act of February 17, 1898. Art. 132. Residue cargo for other districts—Bond.—Mer- 2782, Migr chandise specified in the manifest filed at the first port of arrival as destined for other districts may go for- ward on the importing vessel to its destination, the duties on such goods only as are landed or delivered in any dis- trict to be paid or secured in such district. Before such 1. D. 22686. vessel shall depart from the port of first arrival a bond must be taken on Customs Form 32238, covering all the dutiable residue cargo, which will be canceled upon the receipt of certificates on Customs Form 3225. Art. 133. Residue cargo for foreign ports or for foreign ott; 8» 2776, ports and other domestic ports—Bond.—When a vessel _ T. Ds. 30681, clears for a foreign port with merchandise destined to such port or to a number of foreign ports, and also 104 T. Ds. 8245, 22686. T. D. 33557, par. 17. T. D. 6893. FOREIGN AND COASTING TRADE BY SEA. when a vessel clears for a foreign port with merchan- dise to one or more other domestic ports, a bond should be taken on Customs Form 3219, and canceled upon the production of consular certificates showing the landing at such foreign ports of the merchandise manifested therefor, and of certificates on Customs Form 3225, showing the landing of such merchandise as is destined to the other domestic ports to which the cargo is con- signed on the vessel’s manifest. No residue cargo bond should be taken, however, upon the clearance of such vessel from a subsequent domestic port of call. No residue cargo bond should be required for free goods nor when vessels depart within 48 hours after arrival without entering or clearing. A copy of that portion of the vessel’s manifest cover- ing cargo destined to another domestic port must be furnished in duplicate to the collector at that port and upon arrival in nonnaval office districts an additional copy thereof must be mailed by the master to the Auditor for the Treasury Department. When domestic cargo is to be laden for export at several ports, it should be cleared at the first port, for the foreign destination, via the domestic port, on a mani- fest of the cargo laden at that port to which is attached a permit to proceed coastwise to finish lading. (Com- merce Form 1386.) On arrival at the subsequent do- mestic port of call the vessel should be entered on the manifest and permit issued at the first port. The vessel should be cleared finally for the foreign port at the port where lading is completed. A certified copy of the sup- plemental manifest filed at the first port shall be mailed by the collector to the final port of lading. Vessels proceeding to American ports in noncontiguous territory to lade or unlade should be entered and cleared in the same manner as vessels proceeding from port to port in the United States, but American vessels clearing coastwise to ports in noncontiguous territory must file complete manifests together with the shippers’ manifests and a copy of the supplementary manifest, if any, should be transmitted from port to port in order that a com- plete manifest may be filed at the final port of depart- ure. A certificate of clearance, Commerce Form 1378, appropriately modified should be issued to such vessels.- FOREIGN AND COASTING TRADE BY SEA. 105 Art. 134. Copy of report and manifest—Certificate of land- 8. 8., 2780. ing—Before a vessel shall depart with residue cargo for another district the master must obtain from the collec- tor a certified copy of the report and manifest filed on entry, with a certificate on Customs Form 3221 attached, and also obtain a permit to proceed to the other district to complete unloading. A failure to comply with the foregoing requirement will subject the master to a penalty of $500. Art. 185. Report and entry on arrival in other districts R. 8, 2781. Within 24 hours after the arrival of the vessel in another district the master is required to report to the collector of such district and enter his vessel on the certified copy of his manifest, together with the certificate and permit to proceed, as aforesaid, from the collector of each dis- trict within which any of the merchandise brought in such vessel shall have been landed. The manifest and certificate shall be filed at the port of final discharge. Art. 136. Foreign vessels wrecked in American waters.— athe Gertrude, The equipment and ship stores of a foreign vessel” TDs, 2188, wrecked in waters of the United States, on being re- 920, tts. covered and brought into port, and the materials and equipment of a foreign vessel condemned and dismantled in a United States port are free of duty. Such materials, equipment, and stores taken from a foreign vessel wrecked outside the waters of the United States are duti- able. Art. 137. Vessel sunk two years.—Merchandise recovered i 1B see 2 = from a vessel which has been for two years sunk in the DEE ciiage waters of the United States and abandoned by her own- ers may be admitted free of duty without entry. Art. 138. Cargo of wrecked vessel. When vessels are wrecked in the waters of the United States, application should be made to the collector of customs by the origi- nal owners or consignees of the cargo, or by the under- writers, in case of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination in other conveyances, without entry in the district in which the merchandise was cast ashore or un- laden. On receipt of such permission the merchandise may be so forwarded, under carrier’s special manifests. Art. 139. Merchandise derelict from a wreck—Entry by ¥.84,3058. t Feb. 23, underwriters and salvors——All merchandise picked up at iss oe D. sea derelict or recovered from abandoned wrecks will be J pene SOs aD 106 FOREIGN AND COASTING TRADE BY SEA, taken possession of in the port or district where it shall first arrive and be retained in the custody of the collector as unclaimed. If not claimed and entered by the owner on due proof of ownership, by the underwriters in case of abandonment to them, or by the salvors in the absence of adverse claims, it will be subject to sale for duties in the usual manner. Salvors have an uncertain interest in the goods saved, dependent upon the decree of a compe- tent tribunal, and also have a presumptive right to pos- session of merchandise saved by them from abandoned wrecks. The collector will therefore permit salvors to make entry of derelict or wrecked goods in either contin- gency. If the merchandise be libeled for salvage, the collector will notify the district attorney of the claim of the United States for duties, and will intervene for the same. When such goods are brought into port by lighters or other craft each such vessel must make entry by mani- test of her cargo. ogissr® 9598 Art. 140. Derelict merchandise prima facie dutiable—Ap- plication. Merchandise picked up at sea derelict or taken from a wreck is prima facie dutiable. If claimed to be of American production, and consequently free, proof must be adduced as in ordinary cases of the reimportation of that description of merchandise. Foreign merchandise landed from a vessel in distress is dutiable if sold or dis- posed of in the United States. R. S., 2928. Before any merchandise which has been taken from a so2s, 12061, recent wreck shall be admitted to entry the same shall be : appraised, and the owner or importer shall have the same right of appeal as in other cases. CARRIAGE OF PASSENGERS. Act Aug. 2, Art, 141. Masters in foreign trade must deliver, with mani- 1882, sec. 10; . i act Feb. 9, fest, list of passengers.—The master of every vessel arriv- ing at a port of the United States from any foreign place (ports and places in territory contiguous to the United States excepted) shall submit for inspection to the officer of customs who first makes demand therefor, and shall subsequently deliver, with his manifest of cargo on entry, a correct list, signed and verified on oath by the master, of all passengers taken on board the vessel at any foreign port or place, specifying the name of each passenger, age (if a child of 8 years or under), sex, married or single, location of compartment or space occupied during the FOREIGN aND COASTING TRADE BY SEA: voyage (if the passenger be other than a cabin passenger), whether a citizen of the United States, number of pieces of baggage, and if any passenger die on the voyage the list shall specify the manner, age, and cause of death of each deceased passenger. For a violation of this law the master will be liable to a fine of $1,000. Art. 142. Requirements for the carriage of steerage pas- sengers.—It shall not be lawful for the master of any vessel whereon steerage passengers have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passen- gers to or take from any port or place in the United States unless the compartments, spaces, and accommoda- tions prescribed by the passenger act of 1882 have been provided, allotted, maintained, and used for and by such passengers during the entire voyage, unobstructed by cargo, stores, or goods. Art. 143. Examination of vessels with steerage passen- gers.—The collector, or the surveyor where there is one, of the port at which any vessel carrying steerage passen- gers arrives shall direct an officer to make an examination of the vessel, and to admeasure the compartments or spaces occupied by passengers other than cabin passen- gers during the voyage; and such admeasurement shall be made in the manner provided by law for admeasuring vessels for tonnage; and to compare the number of pas- sengers found on board with the list of passengers fur- nished by the master to the collector; and the officer will make a report on Commerce Form 1462 to the surveyor, if there be one, by whom it will be forwarded to the col- lector at the end of each month. The collector will trans- mit it to the Secretary of Commerce. Art. 144. Deaths of passengers.—The master, owner, or consignee of any vessel bringing steerage passengers from a foreign country, except foreign territory contiguous to the United States, must, under a penalty of $50, pay to the collector, within 24 hours after entry, $10 for every death by natural disease occurring during the voy- age on board his vessel among passengers over 8 years of age, whether cabin or steerage. The money so collected is to be deposited to the credit of the United States subject to the directions of the Sec- retary of the Treasury. 107 Act Aug. 2, 1882, sec. 1; act Feb. 14, 1903 ; act Dec. 19, 1908. Act. Aug. 2, 1882, sec. 11. Act Aug. a 1882, sec. (T. D. 1417). 108 FOREIGN AND COASTING TRADE BY SEA, The voyage referred to in this article terminates with the arrival of the vessel within a collection district. B.S, 4494. Art. 145. Copies of law to be on board.—Vessels pro- pelled in whole or in part by steam, carrying passengers, must have on board two copies of title 52 of the Revised Statutes entitled “Regulation of steam vessels,” which will be furnished by collectors upon application. A master who neglects to have said copies on board, or who unreasonably refuses to exhibit them to a passenger, be- comes liable to a fine of $20. 4468, Siese°” = Art. 146. Number of passengers, ete.—Collectors do not certify the legal capacity of vessels for the carriage of passengers, except as prescribed in the passenger act of August 2, 1882. The inspectors of steam vessels issue to steamers for excursion trips a special permit, in which is stated the number of passengers that may be carried and the number and kind of life-saving appliances to be pro- vided for their safety; and also, in their discretion, limit the route for such excursions. Any vessel and the owner and master thereof carrying more passengers than are permitted, or failing to have on board the number and kind of life-saving appliances prescribed by the inspectors of steam vessels, will be sub- ject to the penalties prescribed in chapter 2 of title 52 of the Revised Statutes. roar! Fee, 20 = Art. 147. Head tax—There shall be levied by the a 1208. United States immigration officials at the port of arrival a tax of $4 for every alien entering the United States. The said tax shall be paid within 24 hours of the entry of the vessel to the collector of customs at the port to which said alien shall come by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States. All collections of head tax, fines and rentals, and moneys received from other sources under the laws regu- lating the immigration of aliens into the United States shall be covered into the Treasury to the credit of the Department of Labor. FOREIGN CLEARANCES. 2886, 8, 2888, Art. 148. Requirements on clearance .—Before a clearance 1109's, 4199, shall be granted to any vessel bound to a foreign port 4200, "420 4206. "the master must file with the collector all manifests, cer- ‘ FOREIGN AND COASTING TRADE BY SEA. tificates, affidavits, and other documents provided for by these regulations, and it must appear that the vessel was duly entered and the correct tonnage tax paid, and that the certificate of inspection (if passenger-carrying ves- sel) is in force. Upon compliance with such requirement the collector will deliver the clearance certificate to the master, and, if a vessel of the United States, will return to him the register and other papers. Art. 149. Outward foreign manifests—Before or at the 7529. For failure to file such manifest the master will be liable to a penalty of $500. Vessels bound to a foreign country, or to or from non- contiguous territories of the United States, should not accept shipments therefor unless accompanied by ship- per’s declarations or extracts thereof, certified by the collector. If it be impracticable to file before departure a com- plete outward manifest, or if all of the shipper’s mani- fests required by article 150 of these regulations have not been filed, clearance may be granted upon application on Customs Form 7301 and execution of the bond on this form. The condition of the bond is that a complete out- ward manifest be filed not later than the next business day after departure of the vessel together with certified extracts of the shippers’ declarations; and if any ship- pers’ declarations have not been received, that pro forma declarations on Customs Form 7303 be filed with the complete manifest; and that shippers’ declarations will be filed within 15 days after clearance of the vessel. When vessels clear foreign, in ballast, only one copy of the outward foreign manifest should be required, and this copy will be retained at the port of entry. On the request of the master the collector will certify a copy of the outward manifest. The clearance granted by a collector for a vessel and its cargo need not specify the particulars thereof, unless required by the master or other person in charge or com- mand of the vessel. Art. 150. Shippers’ manifests to be delivered before clear- ance.—Before:a clearance for a foreign port or for a port . in noncontiguous territory belonging to the United wast ‘Apr. 29, 109 RS 4197, 198, 4199, time of clearing for a foreign port the master shall file 4200, “4201; with the collector an outward manifest on Customs Form — T._D. 33557, Be Sy 337, 00 to 4207. T. Ds. 24415. 110 R. 8. 4202, 4206 “T. Ds. 830, 2795. K. &.,. 4873. R. 8., 4576. Act Mar. 3, 1897, sec. 3. T. D. 17867. R. S.,_ 4504, 4511, 4575. Act June 19, 1886, sec. 2; act Aug. 19, 1890. Treasu ug Dept. Cir. 25, 1914. FOREIGN AND COASTING TRADE BY SEA. States shall be granted by the collector, the owners, the shippers, or consignors of the cargo shall deliver to the collector manifests on Customs Form 7525 of the portions thereof shipped by them, respectively, and verify the same on oath before an officer authorized by law to ad- minister oaths. A clearance may be granted before all of the shippers’ manifests have been filed by complying with the provisions of article 149 of these regulations. Art. 151. Inspection under State laws——The master of a vessel having on board goods liable to inspection under the State laws must produce before a clearance is granted, if required by such laws, the certificate of inspection and the receipts for the payment of legal fees. Art. 152. Crew list, certified copy of—Before the clear- ance of a vessel of the United States bound on a foreign voyage or about to engage in the whale fishery, the mas- ter must file, under oath, a list of the names, places of birth and residence, and a description of the persons who compose his crew; and the collector shall deliver to him a certified copy of such list, without erasure or interlinea- tion, which must be produced to the boarding officer at the first port in the United States at which he shall ar- rive on his return. . Art. 153. Shipping articles—Issuance of port sanitary statements.—The master of every vessel of the United States bound to a foreign port, or of any such vessel of the burden of 75 tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before a clearance can be granted, obtain the cer- tificate of a collector to a duplicate of the shipping arti- cles. But this shall not be required of a vessel where the seamen are by agreement entitled to share in the profits of a voyage, or of the master of a coastwise or lake- going vessel that touches at foreign ports, or is engaged in trade between the United States and British North America, or the West Indies or Mexico. Masters of such vessels are not required to enter into agreements with their seamen before a United States shipping commissioner unless they so desire. They shall, however, before clearance, obtain from the collector a certified copy of the shipping articles, containing the names of the crew, to be written without erasures or ~ interlineations. Port sanitary statements on Form 1964, in lieu of bills of health, will be issued by medical officers of the United FOREIGN AND COASTING TRADE BY SEA. States Public Health Service. At ports where there are no such officers, collectors of customs should issue these statements. Art. 154. United States securities—A vessel of the United States, bound from a port in the United States to a foreign port, or vice versa, is required, before clear- ance, to receive on board all coin, bullion, United States notes, bonds, and other securities which any official rep- resentative of the Government of the United States at home or abroad shall offer, and promptly deliver the same to the proper officer or consignee, on arrival at the port of destination, for which service a reasonable com- pensation shall be paid. Art. 155. Mail matter—A master bound for a foreign port must make oath that he will not receive nor convey any letters or other packets which have not been regu- larly posted and received from the post office at the port of departure, except letters or letter packets relating to the cargo and addressed to the owner or consignee of the vessel, and letters or letter packets inclosed in United States stamped envelopes of sufficient denomination to cover the postage. It is the duty of the collector to re- quire from the master, as a condition of clearance (Com- merce Form 1378), an oath or affirmation (Commerce Form 1375) that he has not under his care, or within his control, and will not receive or convey any letters or letter packets in violation of this provision. Art. 156. Medicine chests—Collectors will see that the provisions of section 11 of the act of June 26, 1884, are fully complied with as regards medicine chests and slop chests on vessels of the United States. Art. 157. Foreign steam vessels without passengers.— 4 Masters of foreign steam vessels clearing without passen- . gers are required to make oath, as prescribed in Com- merce Form 1376. Foreign steam vessels not carrying passengers need not be inspected. Art. 158. Carriage of high explosives.—It is unlawful to transport on any vessel or vehicle nitroglycerin, glynoin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated with any such article or substance, unless the same shall be securely enclosed, deposited or packed in a metallic vessel sur- rounded by plaster of Paris, or other material that will be nonexplosive when saturated with such oil or sub- 111 R. 8., 4204. S., 3986, R. S., 3987, 3993. R. 8. 4400, T. Ds. 5663, 40. T. D. 5709. R. 8. 4278. R. S. 4279. 112 FOREIGN AND COASTING TRADE BY SEA, stance, and separate from all other substances, and the cutside of the package containing the same be marked, printed or labeled in a conspicuous manner with the bet’ Aue, Words “ Nitroglycerin—Dangerous,” but such articles 1882, sec. 8. may not in any case be transported on vessels carrying passengers. ios pe It is also unlawful to transport liquid nitroglycerin, al Code, sec. fulminate in bulk in dry condition, or other like ex- plosives, on any vessel or vehicle operated by a common carrier in the transportation of passengers or articles of ecmmerce by land or water. igneh Mate Dynamite, gunpowder or other explosive shall not be ed. Pe- nal Code,’ see. transported on any vessel or vehicle operated by a com- mon carrier carrying passengers for hire. This does not apply to small-arms ammunition in any quantity, and such fuses, torpedoes, rockets, and other signal devices as may be essential to promote safety in operation of the carrying vessel, and properly packed and marked samples of explosives for laboratory examination, not exceeding 20 samples at one time in a single vessel or vehicle; pro- vided that such samples shall not be carried in that part of a vessel or vehicle which is intended for the transpor- tation of passengers for hire. R. 8. 4422. Upon application of the master or owner of a steam vessel carrying passengers, the local inspectors of steam vessels shall examine such vessel, and if they find it is provided with a safe and proper receptacle or compart- ment for the carriage of gunpowder, they may grant a isast Ans, ? license to carry gunpowder. But no gunpowder, except for the ship’s use, may under any circumstances be car- ried on steamships or other vessels carrying steerage passengers. on ee 3, Art. 159. Carriage of inflammable or explosive materials on steam passenger vessels departing from the United States—No loose hay, loose cotton, or loose hemp, cam- phene, nitroglycerin, naphtha, benzine, benzole, coal oil, crude or refined petroleum, or other like explosive burn- ing fluids or like dangerous articles shall be carried as freight or used as stores on any steamer carrying pas- sengers departing from any port in the United States; nor shall baled cotton or hemp be carried on such steam- ers unless the bales are compactly pressed and thoroughly covered and secured, as prescribed by the steamboat regu- lations; nor shall gunpowder be carried on any such ves- FOREIGN AND COASTING TRADE BY SEA, sel except under special license; nor shall oil of vitriol, nitric, or other chemical acids be carried on such steam- ers except on the decks or guards thereof or in such other safe part of the vessel as shall be prescribed by the in- spectors. Refined petroleum which will not ignite at a tempera- ture of less than 110° Fahrenheit may be carried on board , 7 such steamers upon routes where there is no other prac- ticable mode of transporting it and under such regula- tions as shall be prescribed by the board of supervising inspectors, with the approval of the Secretary of Com- merce. Oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels, or 113 Act. Mar. 3, 8795. casks, or barrels well and securely bound with iron and . stowed in a secure part of the vessel. Friction matches may be carried on such steamers when securely packed in strong, tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat. All such other provisions shall be made on every steamer carrying passengers or freight to guard against and extin- guish fire as shall be prescribed by the board of supervising inspectors and approved by the Secretary of Commerce. Art. 160. Gasoline, etc., for motor vehicles——Steam ves- 6 sels may transport gasoline or any of the products of pe- troleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: Provided, however, That all fire in such vehicles or automobiles be extinguished immediately after entering the said vessel, and that the same be not re- lighted until immediately before said vehicle shall leave the vessel: Provided, further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles the tanks of which contain gasoline, naphtha, or other dangerous burning fluids. Vessels may carry gaso- line or any petroleum product to supply power to their motor boats or launches, when part of their regular equip- ment. They may also carry gasoline or any petroleum | products for the operation of engines to supply an aux- iliary lighting and wireless system independent of the vessel’s main power plant. 3130°—15——_8 Act Mar. 3, 1905, secs. 7, 8. Act Mar. 3, 15, sec. 8. Act. Jan. 24, 1913. a” Oct. 22, 914. 114 Act. July 23, 1912, B. N. Cir, July 1, 1913. FOREIGN AND COASTING TRADE BY SEA, Art. 161. Radio apparatus and operators on steamers.—It shall not be lawful for any steamer of the United States, or of any foreign country, navigating the ocean or the Great Lakes, and licensed to carry, or carrying, 50 cr more persons, including passengers or crew, or both, to leave or attempt to leave any port of the United States unless such steamer shall be equipped with an efficient apparatus for radio communication, in good working order, capable of transmitting and receiving messages for a distance of at least 100 miles, day or night, and aux- iliary power supply independent of the vessel’s main electric power plant must be provided, which shall enable the sending set for at least four hours to send messages for a distance of at least 100 miles, day or night. Effi- cient communication between the operator in the radio room and the bridge shall be maintained at all times. The radio equipment must be in charge of two or more persons skilled in the use of such apparatus, one or the other of whom shall be on duty at all times while the vessel is being navigated. Such equipment, operators, the regulation of their watches, and the transmission and re- ceipt of messages shall be under the control of the master in the case of a vessel of the United States; and every willful failure on the part of the master to enforce these provisions will subject him to a penalty of $100. These provisions shall not apply to steamers plying between ports or places less than 200 miles apart. On cargo steamers, in lieu of the second operator, there may be substituted a member of the crew or other person who shall be duly certified and qualified in the ship’s log as competent to receive and understand dis- tress calls or other usual calls indicating danger; and to aid and maintain a constant wireless watch so far as re- quired for the safety of life. The radio inspectors and customs officers, as far as practicable, shall visit steamers subject to these regula- tions before they leave port, and ascertain if they are equipped as required. Where a steamer subject to these regulations is without the apparatus and operators pre- scribed, and is about to attempt to leave port, the radio inspector or customs officer visiting the vessel shall notify the master of the fine to which he is liable; and also no- tify the collector of customs, if necessary, by telephone. The radio inspector or customs officer shall submit to the collector of customs of the port a written report stating FOREIGN AND COASTING TRADE BY SEA, the exact nature of the violation, the section of the law violated, and the penalties involved, and a precise state- ment of the facts in the case. The collector of customs will thereupon report the case to the Secretary of Com- merce in the same manner as other navigation fine cases. These regulations do not authorize the refusal of clear- ance in the case of violation of their provisions, but the law specifically provides for the imposition of a fine in the sum of not more than $5,000. These regulations do not apply to a vessel at the time of entering a port of the United States. Art. 162. Observance of neutrality —cCollectors of cus- _ toms are responsible for the enforcement in their districts” of the neutrality laws of the United States. They are re- quired to detain any vessel manifestly built for warlike purposes and about to depart from the United States, with a cargo consisting principally of arms ‘and muni- tions of war, when the number of men shipped on board or other circumstances render it probable that such ves- sel is intended to cruise or commit hostilities upon the subjects, citizens, or property of any foreign country with which the United States is at peace, until the decision of the President be had thereon, or until the owner or own- ers shall give bond or security in double the value of the vessel and cargo that she will not be so employed. They will not, however, refuse clearance solely on the ground that the cargo contains contraband of war. Whenever a vessel of a belligerent power, which has arrived as a merchant vessel, alters, or attempts to alter, her status as a merchant vessel, or there is reason to be- lieve that she intends to alter such status, so as to become an auxiliary cruiser or armed vessel, collectors will promptly notify the Treasury Department. 115 ok. S., 5289, “Th Ds. 34693, T. D. 34693. T. D. 34811. Collectors of customs under instructions from the__ Act Treasury Department will withhold clearance from any vessel, American or foreign, believed to be about to carry fuel, arms, ammunition, men, or supplies to any warship, or tender or supply ship of a belligerent nation during the existence of a war to which the United States is not a party. : In case such vessel shall depart or attempt to depart without clearance for any of the purposes above men- tioned, the owner, master, or person having charge or command of such vessel will be severally liable to a fine of not less than $2,000 nor more than $10,000, or to im- 1915 (38 nu Here . D. 35205. 116 Act Apr. 22, 1898 ; act Mar. 14, 1912. T. Ds. 32916, 33793, 34695. T. Ds. 34712, 34718, 34777. T. Ds. 34718, 34899. Act May 12, 1906, FOREIGN AND COASTING TRADE BY SEA, prisonment not exceeding two years, or both, and in addition such vessel will be subject to forfeiture. Whenever the President shall make proclamation that conditions of domestic violence exist in any American country, which are promoted by the use of arms or munitions of war procured from the United States, it shall be unlawful to export, except under such limitations and exceptions as the President shall prescribe any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or Congress. Collectors are also charged with the enforcement of the observance of neutrality in radio communication by vessels, and if necessary will seal up the wireless room and apparatus of any merchant vessel of a belligerent power. When sealing a vessel’s radio apparatus they should inform the master that the seal must not be broken until he has cleared the port, and that upon obtaining: his clearance papers he should make application for a written permit to break the seal. In the case of vessels of war of belligerent nations, collectors will notify the commanders that their radio apparatus can not be used while in port. _ Collectors may call upon the Coast Guard or officers of the Navy or Army for such force or assistance as may be necessary in the prevention of violations of the neu- trality laws. COASTING TRADE AND FISHERIES. Art. 163. Great districts—-The seacoasts and navigable rivers of the United States and Porto Rico are divided into five great districts: the first to include all the collec- tion districts on the seacoast and navigable rivers between the northern boundary of the State of Maine and the southern boundary of the State of Texas; the second to consist of the island of Porto Rico; the third to include the collection districts on the seacoasts and navigable rivers between the southern boundary of the State of California and the northern boundary of the State of Washington; the fourth to consist of the Territory of Alaska; and the fifth to consist of the Territory of T, Ds. 18908, Hawail. The navigation of the Yukon, Stikine, and 18926, 19172, 19324, 19485. Porcupine Rivers is governed by special regulations. FOREIGN AND COASTING TRADE BY SEA. Art. 164. Entry and clearance coastwise licensed vessels.— Licensed vessels under 20 tons, in ballast or laden wholly with American goods or with distilled spirits or foreign goods, in packages as imported, not exceeding $400 in value, or foreign goods the aggregate value of which does not exceed $800, may trade from a customs district in one State to a customs district in.the same or an adjoin- ing State, vessels of 20 tons burden or more so laden may trade from one customs district to another in the same great district without entering or clearing; but such vessels must be provided with a manifest under penalty of $20, or if any part of the cargo be foreign goods under penalty of $40. All vessels engaged in the coasting trade must enter and clear except under such circumstances. The foregoing provisions concerning permits for ves- ,, sels in the coastwise trade shall not be held to include vessels engaged in the navigation of the Mississippi River or tributaries above the port of New Orleans. The master of every vessel entering the Columbia River from the sea and bound for Portland must exhibit his papers to the deputy collector at Astoria, deposit with him a sworn copy of the manifest, and obtain from him a permit to proceed. Masters of all vessels bound to sea from Portland, if required to obtain clearance, must report to the deputy collector at Astoria and leave with him a copy of the manifest, and thereupon shall be allowed to proceed to sea. Neglect to comply with the foregoing requirements subjects the master or other person in charge or command to a penalty of $100. Art. 165. Entry of coastwise vessel—Manifest.—The entry of a vessel coastwise consists of delivering to the col- lector within 24 hours after arrival a sworn manifest of cargo on Customs Form 7535, and obtaining from him a permit to discharge. Art. 166. Clearance coastwise——On clearance at the cus- tomhouse of a vessel coastwise the master will deliver to the collector verified duplicate manifests of the cargo on board (Customs Form 7535), under oath, which the col- lector will certify, returning one copy to the master, with a permit thereon to depart. (Commerce Form 1382.) 117 R. 8., 4349, 4351, 4355, 4359. T. D. 6374, R. 8., 4360. Act July 12, 76. R. S., 2588, R. 8., 2589. S., 4350, 4365, 4356. Ee Bs 4349. 33557, pak. Yo, 32, 118 R. S., 4361. -» 4355. . 4064. np on R. S., 3126. R. 8., 3127. R. S., 4366. FOREIGN AND COASTING TRADE BY SBA. Art. 167. Registered vessels—Vessels under register en- gaged in the coasting trade, bound from one collection district to another, are subject to the same regulations as to their movements and the delivery of manifests as licensed vessels under 20 tons. The regulation regarding great coasting districts does not affect them. When a part only of the cargo is discharged, the col- lector will indorse the articles so discharged on the mani- fest and will grant a permit to the master to proceed with the vessel to the place of her further destination. If there be no cargo on board, the master must produce the coastwise clearance and permit granted by the col- lector at the port of departure. Art. 168. Registered vessels in coastwise and foreign trade—A registered vessel (other than one registered under the acts of Aug. 24, 1912, and Aug. 18, 1914) may engage in trade between ports of the United States, with the privilege of touching at one or more foreign ports during the voyage, landing and receiving merchandise, passengers, baggage, and mails, but such vessel must be furnished by the collector of the port in the United States at which she takes in her cargo with a certified manifest, designating the goods entitled to drawback: Vessels so employed and their cargoes are subject to the provisions of the revenue and collection laws of the United States, and their masters must, on arrival from a foreign port, conform to the laws regulating entrance and clearance. Merchandise conveyed from one port to another port within the United States, under the provisions of the warehousing laws, and duty-paid goods, are not subject to duty by reason of the vessel having touched at a foreign port during the voyage. Art. 169. Report of arrival at another port Whenever a vessel employed in the coastwise trade shall put into a port other than the one to which she is bound, the mas- ter must, if she remain 24 hours, report to the collector his arrival, the place whence he came, and whither he is bound, with an account- of the lading on board his vessel. Act May 28, Art. 170. Masters in coastwise trade to keep a count of 1908, sec. passengers—The master of every passenger steamer of the United States in the coastwise trade shall keep a cor- rect count of all the passengers received and delivered FOREIGN AND COASTING TRADE BY SEA, from day to day, which count shall be open to the in- spection of the inspectors and officers of the customs at all times, and the aggregate number of passengers shall be furnished to inspectors as often as called for. A correct list of passengers received and delivered from day to day shall be kept, instead of a correct count, by the masters of seagoing passenger steamers in the coastwise trade and by the masters of passenger steamers on the Great Lakes on routes exceeding 300 miles. Noth. ing herein shall affect existing laws relative to vessels running between this country and foreign ports. Every master of any passenger steamer who fails, ,, through negligence or design, to keep a count or list of passengers as required by the preceding paragraphs shall be liable to a penalty of $100. The penalty shall be a lien upon the vessel, but a bond may, as provided in other cases, be given to secure the satisfaction of the judgment. Art. 171. Fishing vessels touching and trading at foreign places——The master of a vessel, licensed for carrying on the fisheries, who may intend to touch or trade at a for- eign place, must apply to the collector of the district where his vessel may be and obtain a permit (Commerce Form 1379) from him for that purpose. On return to the United States he must make regular entry, surrender the permit to touch and trade, and in all respects conform to the regulations prescribed for vessels arriving from foreign ports. Foreign merchandise imported in such vessels is liable to the payment of duties thereon. Vessels licensed for the fisheries found within 8 leagues of the coast with foreign goods of greater value than $500, and without such permit, will, with such goods, be subject to for- feiture. Art. 172. Whale fishery.—Registered vessels engaging in the whale fishery have the privileges and exemptions of vessels enrolled and licensed for the fisheries. Art. 173. Guano trade-——Commercial intercourse with to 119 Act May 28, 08, sec. 4. R. 8., 4469. R. S., 4364. R. S., 4365. R. S., 4339. R. 5570 sora, ‘Act the guano islands that are bonded in pursuance of law Mar. 4, 1909, ed. Penal forms a part of the coasting trade of the United States, Code,’ see. 272. and the laws relative thereto forbid foreign vessels from engaging in such trade. Vessels engaged in the guano trade are not required to produce clearances or certified manifests from such islands. The masters of such vessels must have mani- 120 4 7 R. S., 3097. 400, 4808, 782, 1901 hy oe 2669 4808, 19011, R. §., 3099. Ds. 2669, FOREIGN AND COASTING TRADE BY SEA. fests of the cargo, subscribed by themselves, to be pro- duced on demand to officers of the customs for inspection. Entry at the customhouse must be made on arrival at the port of destination in the United States, and the cargo inspected by the customs officers. VESSELS TRADING ON THE NORTHERN FRONTIER. Art. 174. Report—Manifest—Entry of merchandise.— Ves- sels arriving in districts on the northern and northwest- ern frontiers shall be reported to the collector or other customs officer at a port of entry, and the merchandise so imported shall be accompanied with manifests, and entries thereof must be made by the owners or con- signees. The powers and duties of the officers of customs shall be exercised in like manner as is prescribed with respect to merchandise imported in vessels from the sea, and generally all such importations shall be subject to like regulations, penalties, and forfeitures. Art. 175. Delivery of manifests——The master of any ves- sel, except registered vessels, and ev ery person having change of any boat, canoe, or raft coming from any for- eign contiguous territory into the United States with merchandise subject to duty is required to deliver, im- mediately on his arrival within the United States, a manifest of the cargo of such vessel, boat, canoe, or raft at the office of the collector or other customs officer near- est to the boundary line, or nearest to the waters by which such merchandise is brought; and every such manifest shall be verified by the oath of such person delivering the same, which oath shall be taken before such collector or deputy collector, and such oath shall state that such manifest contains a full, just, and true account of the kinds, quantities, and values of all the merchandise so brought from such foreign territory. Art. 176. Failure to deliver—Penalty.—If the master, or 4808, 7782, other person having charge of a vessel, boat, canoe, or raft bringing merchandise subject to duty fron a con- tiguous foreign territory, neglects or refuses to deliver the manifest thereof as prescribed in the preceding ar- ticle, such merchandise so imported will be liable to for- feiture, together with the vessel, boat, canoe, or raft, and the master or other importer will be subject to a penalty of four times the value of the merchandise so imported. FOREIGN AND COASTING TRADE BY SEA, 121 Art. 177. Touching at intermediate ports—The master seg he OT of every vessel enrolled and licensed to engage in the ,,Act Feb.,17, domestic and foreign trade on the northern, northeast- ,.2,! ern, and northwestern frontiers shall, before the depart- ure of his vessel from a port in one collection district to a port in another collection district, present to the col- lector at the port of departure duplicate manifests of his cargo (Customs Form 7529 or 7531) or, if he have no cargo, duplicate manifests setting forth that fact, which manifests shall be sworn to by the master before the collector, ‘who shall indorse thereon his certificate of clearance, retaining one for the files of his office and de- livering the other to the master. If such vessel shall touch at an intermediate port in the United States and there discharge cargo taken on board at an American port or at such intermediate port shall take on board cargo destined for an American port, the master of such vessel will not be required to report the lading or unlading at such intermediate port, but shall enter the same on his manifest obtained at the original port of departure, which he shall deliver within 24 hours after arrival to the collector of the port at which the un- lading of the cargo is completed, and will make oath to the same. . Art. 178. Clearance.—The master will, before departing from a port in one collection district to a place in another collection district where there is no customhouse, file his manifest and obtain a clearance, which manifest and clearance shall be delivered to the officer of customs of the port at which the vessel next arrives after leaving the place of destination named in said clearance. Art. 179. Trading between ports and places not ports.— The master of such vessel destined, with cargo, from a place in the United States at which there is no custom- house to a port where there is a customhouse shall, within 24 hours after arrival at the port of destination, deliver to the officer of the customs a sworn manifest setting forth the cargo laden at the place of departure, or laden or unladen at any intermediate port or place; but if the vessel have no cargo the master is not required to deliver such manifest. __ The master of a vessel departing from any port in a collection district to another port in the same district, or to a place in the same district where there is no custom- 98, sec. 4. T. Ds. 19011, R. S., 3117. R. S., 3118. R. S., 3122, 122 R. 3123. T. 4 S., D. 4547. R. S., 2792, R. S., 3125. R. S., 3119. R. S., 3120. R. S., 3120. Act. Feb. 27, 1877. FOREIGN AND COASTING TRADE BY SEA. house, is not required before departing to obtain a clear- ance. Art. 180. Steam tugs— Ferryboats — Penalties. — Steam tugs, duly enrolled and licensed, when exclusively em- ployed in towing vessels which have to enter or clear, are not required to report and clear at the customhouse; but when such tugs are employed in towing rafts or other vessels without sail or steam motive power, not required to be enrolled or licensed under existing laws, they must report and clear in the same manner as other vessels. A vessel used exclusively as a ferryboat between the United States and foreign contiguous territory, however laden, is not required to enter and clear, and the master is not required to present a manifest, but must report on arrival to the officer of customs all baggage and mer- chandise which may be brought from a foreign terri- tory. Canadian vessels making two trips daily or semi- weekly trips to United States ports are not entitled to the exemption of ferryboats. The master of every vessel failing to comply with any of these provisions is liable to a penalty of $20. Art. 181. Permit to unlade——The master of a vessel with cargo, passengers, or baggage, from any foreign port or place, must obtain a permit from the collector and com- ply with these regulations before discharging or landing any portion thereof; and merchandise destined for any foreign port must be reported as the law directs; but no permit will be required for the unlading of cargo brought from an American port. Art. 182. Unlading in another district—Merchandise taken from any port or place in the United States, on the frontiers, to a port or place in another collection dis- trict thereof, in any vessel, can not be unladen from such vessel except in open day, unless by special license from the collector, nor at any time without a permit from such collector. The owner of every vessel whose master shall neglect to comply with these provisions will be subject to a penalty of not less than $100 nor more than $500. Art. 183. Trade on Lake Michigan—Vessels engaged in the domestic trade between ports and places on Lake Michigan exclusively, laden with American products and free merchandise only, may unlade without obtaining a permit. FOREIGN AND COASTING TRADE BY SEA, Art. 184. Foreign vessels not to engage in coasting trade on frontiers.—If any merchandise shall be laden at any port or place in the United States on such frontiers upon any vessel belonging wholly or in part to a subject of a foreign country, and shall be taken thence to a foreign port or place to be reladen and reshipped to any other port or place in the United States on such frontiers, either by the same or any other vessel, foreign or Ameri- can, with intent to engage in the domestic trade of the United States, such merchandise will be subject to for- feiture, and the vessel to a tonnage duty of 50 cents per ton. Art. 185. Sea and saloon stores of American vessels trad- ing with Canada—The master of every vessel of the United States on the waters of the frontiers touching at a foreign port or place who shall purchase there any goods for the use of such vessel shall report the same as “sea stores,” with cost and quantity thereof, to the col- lector at the first port of the United States in which the vessel shall next arrive, and shall make oath that they are intended for the exclusive use of the vessel, and not for sale, transfer, or private use. If the quantities be excessive, duty must be paid on the excess, under penalty of fine or imprisonment. If any such articles are found on board not covered by the report, or if any part thereof be landed without a permit, they, with the vessel, her tackle, apparel, and fur- niture, will be forfeited. Articles intended for sale on board, as saloon stores or supplies, are dutiable ‘and must be entered as merchandise, under penalty of fine and imprisonment. Art. 186. Equipment and repairs to American vessels on waters of northern frontiers—Equipment and repairs ob- tained in foreign countries by vessels of the United States navigating the waters of the northern, northeast- ern, and northwestern frontiers otherwise than by sea are dutiable, and entry must be made of them on the first arrival in any port of the United States. Upon sufficient evidence, however, that the vessel put into a foreign port on account of stress of weather in the regular course of its voyage and that the repairs then put on her were necessary to secure the safety of the vessel to enable it to reach its destination, the Secretary of the Treasury may remit or refund the duties thereon. 123 BR, Sa 2497, 3110, 4347. R. 8., 3111, 3112, 3113. R. §., 3114. . Ds. 21670, 23069, 26303. R. S., 3115. 124 R. S., 4401. . &., 4438. . D, 11114. Hw R. 8., 4401. ft. 8., 4235, R. S., 4237. R. 8, 4444, R. S., 4444. R. S8., 4236. R. S., 4235, 4237. FOREIGN AND COASTING TRADE BY SEA. PILOTAGE. Art. 187. Federal pilots—Branch pilots—Every vessel propelled in whole or in part by steam, excepting those defined as motor boats in the act of June 9, 1910, en- gaged in the coasting trade is required, when under way, except on the high seas, to be piloted by an officer duly licensed for such purpose under the laws of the United States. Any person acting as such pilot without proper license, also the person employing him, will be lable to a penalty of $100, which is a lien upon the vessel. Registered steam vessels when engaged in the foreign trade, and all sailing vessels of the United States in the foreign or coasting trade, are exempt from the foregoing requirements. The master of a foreign vessel is not required to em- ploy a pilot licensed under the laws of the United States. Art. 188. State laws.—The piloting of vessels in State waters, except steam vessels employed in the coasting trade, is regulated by the laws of the respective States in which such waters are situated. No regulation or pro- vision can be adopted by any State making a discrimina- tion in the rate of pilotage or half pilotage as to vessels sailing between the ports of one State and vessels sailing between the ports of different States, or any discrimina- tion against steam vessels; nor can a State or a municipal government require pilots of the United States to pro- cure a State or other license in addition to that issued by the United States, or to comply with any other regu- lation that may impede the performance of their duties. A State may require vessels, except steam vessels in the coastwise trade, entering or leaving ports therein to take on a pilot duly authorized or licensed to act as such under the laws thereof. Art. 189. Interstate pilots—The master of a vessel, ex- cept steam vessels in the coasting trade, entering or de- parting from a port on waters forming the boundary between two States, may employ a pilot, authorized or licensed by the laws of either of the States bounded by such waters, to pilot such vessel. The pilot laws have reference to the merchant service, and do not extend to public vessels of the United States entering or departing from a port. CHAPTER IV. CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND PANAMA CANAL ZONE. Art. Art. 190. Hawaii and Porto Rico. 196. Shipments to the Philippine Is- 191. Internal-revenue tax—Porto Rico. lands with benefit of drawback. 192. The Philippine Islands. 197. Shipments in transit. 193. Invoices required. 198. Merchandise made by convict la- 194. Internal-revenue tax on articles bor. from the Philippine Islands— | 199. Jurisdiction. Stamps. 200. Guam and Tutuila. 195. Shipments from warehouse. 201. Panama Canal Zone. Art. 190. Hawaii and Porto Rico.—Hawaii and Porto ,¢5* QP" 38. Rico are customs collection districts and are subject to Sb, 2 all the provisions of the customs laws and regulations of 20198 Ds, 12688. the United States. Merchandise from a foreign country shown by any of the papers to be destined for said islands may be for- warded from the port of arrival in the United States on a special form of entry for warehouse and transportation. (Customs Form 7545.) This entry will be handled in all respects as are entries for immediate transportation. Axt. 191. Internal-revenue tax—Porto Rico.—All articles, , Act Oct. 3, goods, wares, or merchandise going into Porto Rico from par.’ Pignet t the United States are exempted from the payment of any tax imposed by the internal-revenue laws of the United States. All provisions of law for the allowance of drawback 1. D. 35316. of internal-revenue tax on articles exported from the United States are also applicable to like articles upon which an internal-revenue tax has been paid when shipped from the United States to the island of Porto Rico. Art. 192. The Philippine Islands—The Philippine Is- 1905, (eee ay lands are not customs collection districts. Shipments ?., Pi, 77503 between those islands and the United States are the sub- sis xetoct ject of various specific statutory provisions defining their }; eds — status. All merchandise arriving from the Philippines, 33834. 125 126 CUSTOMS RELATIONS WITH INSULAR POSSESSIONS. T. Ds. 27076, 27464, 29026, 30462, 30744, 33844, 34076. Act Oct. 3. 1913, sec. IV, par. C. T. Ds, 29026, 30744, "3145 9, Act Oct. 3, 1913, sec. IV, par. C must be entered at the customhouse. All articles the growth or product of or manufactured in the Philippine Islands from materials the growth or product of the Philippine Islands or of the United States, or of both, or which do not contain foreign materials to the value of more than 20 per cent of their total value, upon which no drawback of customs duties has been allowed, will be admitted into the United States free of duty, provided: (a) That said articles are shipped direct from the Philippine Islands to the United States under a through bill of lading. Direct shipments include shipments in bond through foreign territory contiguous to the United States. (b) That they be accompanied by a certificate of origin signed by the collector or by a deputy collector at the port of shipment in the Philippine Islands. In the absence of said certificate a bond on Customs Form 3377 or a deposit of estimated duties will be taken for its production. Shipments by mail valued at $10 or less are not required to be accompanied by such certificate. A bond may be given for the production of any document necessary to complete entry on Customs Form 3375. All articles coming into the United States from the Philippine Islands which are not the growth or product of, or manufactured in the Philippine Islands from mate- rials the growth or product of the Philippine Islands, or of the United States, or of both, or which contain for- eign materials to the value of more than 20 per cent of their total value, are subject to duty as if imported from a foreign country. Art. 193. Invoices required.—Invoices, certified by the collector or deputy collector of customs in the Philip- pine Islands, will be required upon the entry of all duti- able merchandise from those islands valued at more than $100. When merchandise is covered by a certificate of origin no certified invoice is required. Art. 194, Internal-revenue tax on articles from the Philip- pine Islands—Stamps.—All articles, whether dutiable or free of duty, arriving from the Philippine Islands which would be subject to an internal-revenue tax if produced or manufactured in the United States are subject to a tax equal to the internal-revenue tax imposed upon like articles of domestic manufacture, which tax is to be paid by internal-revenue stamps to be affixed thereto. CUSTOMS RELATIONS WITH INSULAR POSSESSIONS. Stamps may be affixed on such articles prior to ship- ment to the United States, and a certificate to that effect from the collector of internal revenue of the Philippine Islands affixed to the outer shipping case. When such certificate is affixed customs officers need not examine the interior packages for the purpose. of determining whether proper internal-revenue stamps have been affixed thereto. When such certificate is not affixed to the exterior package, and it is found upon ex- amination that the interior packages are not properly stamped, the collector of customs at the port of entry will at once forward to the collector of internal revenue for that district a notice on Internal Revenue Form 471. Should the consignee, or his agent, fail to procure and affix the required internal-revenue stamps to such articles within a reasonable time after inspection the collector will so report to the Commissioner of Internal Revenue. The same procedure will be followed in relation to cus- toms inspection stamps. Art, 195. Shipments from warehouse.—Articles manufac- 127 T. D. 29944, Act Mar. 8, 902, sec. 6. tured in bonded manufacturing warehouses in whole or s0nge™ 23594, in part of imported materials may be withdrawn for shipment to the Philippine Islands as if withdrawn for exportation to a foreign country. All packages of mer- chandise so shipped must be marked by the shipper ‘Manufactured in customs bonded manufacturing ware- house ” in a conspicuous, legible, and permanent manner. Customs officers supervising the lading of such merchan- dise must see that the packages are so marked. In such cases the withdrawal entry shall contain on the face thereof a statement of the kind and quantity of any dutiable imported material which has entered into the manufacture of the merchandise. If no such mate- rial has been used the indorsement will read: “No dutia- ble‘imported material used.” Merchandise may be withdrawn from bonded ware- house for shipment to the Philippine Islands without payment of duty, in all respects as if exported toa foreign country. An additional copy of all such withdrawal entries will be required to be filed and will be mailed to the collector of customs at Manila, Philippine Islands. Art. 196. Shipments to the Philippine Islands with benefit T. D, 32176. Act Mar. of drawback.—Merchandise manufactured with the use of andy. secs. 8, 6 128 CUSTOMS RELATIONS WITH INSULAR POSSESSIONS, Act Mar, 4, 915. T. D, 35316. Act July 1, 1902, sec, 84. T. Ds, 23842, 4445, T. D. 31071. T. Ds. 22742, 23223, 23540, 25478, 23367, 23759, 33898. imported materials is entitled to drawback upon ship- ment to the Philippine Islands in all ‘respects as if ex- ported to a foreign country. All packages so shipped, upon which drawback is claimed, must be marked by the shipper “drawback claimed,” in a conspicuous, legible, and permanent manner. Customs officers supervising the lading of goods exported to said islands with benefit of drawback must see that the packages are so marked. Articles subject to an internal-revenue tax which may be exported without the payment of such tax may also be shipped to the Philippine Islands without the payment thereof. All provisions of existing laws for the allowance of drawback of internal-revenue tax on articles exported from the United States are also applicable to like articles upon which an internal-revenue tax has been paid when shipped from the United States to the Philippine Islands. Art. 197. Shipments in transit——Merchandise which ap- pears by the invoice, manifest, bill of lading, or other document, to be intended for shipment through the United States to the Philippine Islands may be entered for transportation and exportation in the same manner as similar shipments are made in transit to foreign coun- tries, and merchandise similarly shown to be intended for shipment from the port of arrival in the United States to said islands may be entered on the form used for ware- house and immediate exportation. In such entries the word “shipped” or “shipment” shall be substituted for “ exported ” or “ exportation ” whenever it occurs. Art. 198. Merchandise made by convict labor—The pro- hibition against the importation of goods manufactured wholly or in part by convict labor contained in paragraph I of section 4 of the act of October 3, 1913, does not apply to goods manufactured in the Philippine Islands. Art. 199. Jurisdiction—The customs administration of the Philippine Islands is under the jurisdiction of the Department of War. Art. 200. Guam and Tutuila—Guam and Tutuila are American territory. They are not customs collection dis- tricts and importations into those islands are not gov- erned by the customs regulations. Their customs admin- istration is under the jurisdiction of the Department of the Navy. Merchandise arriving in the United States from Guam and Tutuila must be entered, but will be admitted free of CUSTOMS RELATIONS WITH INSULAR POSSESSIONS. duty, if accompanied by a certificate from the chief cus- toms officer at the port of shipment showing the same to be the growth or produce of those islands. Merchandise arriving from those islands unaccompanied by such cer- tificate will be subject to duty as if imported from a for- eign country. In the absence of such certificate at the time of entry, a bond on Customs Form 3377 may be given for its production. Merchandise can not be shipped to Guam and Tutuila for drawback, neither may merchandise be withdrawn from bonded warehouse for shipment to these islands without the payment of duty thereon. Art. 201. Panama Canal Zone.—Shipments between the 129 Act Mar. 2, 1905, United States and the Panama Canal Zone will be ..7: Ds. 26163, 28315, treated in all respects as shipments to and from foreign 30448. countries. The customs administration of the said Canal Zone is under the jurisdiction of the Department of War. 3130°—15——9 30254, Art, 202. 203. 204, 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. CHAPTER V. INVOICES, ENTRY, AND ASSESSMENT OF DUTIES. INVOICES. When required—Bond for pro- duction—Pro forma. Invoice to be for single shipment. How prepared—Contents. Certificates of depreciation. Declaration and certification. Specifications of price or value and charges. Tnvoicing of assembled merchan- dise obtained in different con- sular districts. Consular notations. Fee stamp to be affixed. Statement of cost of production and of purchase price of con- signed goods—When required. Consular attestation of state- | ments of consigned goods—Dis- position. Change of destination—Bond. Incomplete. ENTRY. Entry necessary. Kinds of entry. Scope of entries—Missing papers. Manifests and invoices for ship- ments by train or vehicle. Bill of lading. Who may make entry—TFiling of bill of lading. Powers of attorney. Date of importation. Entry—Date of. Entries—How made. Entered value to be determined by importers by adding to or deducting from invoice value. Additions to meet advances by appraiser pending reappraise- ment, 244, Art. 227. Amendment of value on entry. 228. Entry on triplicate invoices. 229. Declaration on entry. 230. Designation on entry—How mer- chandise is to be examined. 231. Incomplete entry. ASSESSMENT OF DUTIES. 232. 233. 234. When duties accrue. Importer’s liability for duties. Reimportation. ENTRY FOR CONSUMPTION. 235. 236. 237. Form. Estimation of duties. Statement of entered value, ex- amination packages, etc., to be attached to invoice. 238. Deposit of duties—Permit. ENTRY FOR WAREHOUSE. 239. 240. Form and contents. Merchandise which can not be entered for warehouse. Liability of importers and sure- ties. Part of importation. Numbering of packages. Estimation of duties—Bond. Permit. Opium. 241. 242. 243. 245. 246. COMBINED ENTRY FOR WAREHOUSE AND IMMEDIATE EXPORTATION. 247. Foreign destination—Invoice merchandise shown by mani- fest. 248. Form—Delivery perm it—Con- structive warehouse. 249. Retention of goods on dock. 250. Exportation without unlading. 251. Immediate exportation of explo- Sives, 181 132 ENTRY FOR REWAREHOUSE. Art. 252. 253. 254. 255. 256. 257. Procedure. Certificate of delivery. Value and classification, Change in law. Protest. Reliquidation of warehouse entry. COMBINED ENTRY FOR REWAREHOUSE AND WITHDRAWAL FOR CONSUMP- TION. 258. Form. 259. Procedure. COMBINED ENTRY FOR REWAREHOUSE AND WITHDRAWAL FOR IMMEDIATE EXPORTATION. 260. Form. 261. Procedure. WITHDRAWAL ENTRY AT ORIGINAL AND SECONDARY PORTS FOR CONSUMPTION. Forms. Withdrawal by transferee. Computation and payment of du- ties—Delivery permit. . Withdrawal completed. . Withdrawal before and liquidation. 262. 263. 264. after WITHDRAWAL ENTRY AT ORIGINAL AND SECONDARY PORTS FOR EXPORTATION. 267. 268. 269. 270. Form, Export bond. Landing certificates. Return of weight, gauge or meas- ure. Report of packages not laden. Withdrawal before liquidation— Damage, etc. Weight, gauge or measure. Liquors—Regauge. Parcel-post packages. 271. 272. 273. 274. 275. INVOICES. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. ENTRY AND SAMPLING OF ZINC AND LEAD BEARING ORES NOT FOR SMELT- ING IN BOND. Art. 276, Entry at port of arrival and des- tination. LANDING AND DELIVERY OF ARTICLES FOR WHICH IMMEDIATE DELIVERY IS NECESSARY. . Application for special permit. . Special deposit. . Appraiser to be notified. . Deposit to be made to the official credit of collector. . Receipts for special deposits and monthly reports thereof. PACKED PACKAGES, 282. 283. 284. Packed package defined. Marking of packed paekages. Entry of packed packages and their inclosures. SPECIAL-DELIVERY PACKAGES. 285. Application—Order for appraise- ment. Marking—Appraiser’s report. Liquidation—Delivery. Bond. Cording and sealing. Returned packages—Refund of additional duties. Unclaimed packages, Invoice. 286. 287. 288. 289. 290. 291. 292. INFORMAL ENTRIES. 293. 294. Articles of small value. By appraisement. DISPOSITION OF ENTRIES. 295. Filing, numbering, etc. Art. 202. When required—Bond for production—Pro ,,#°t Oct..3, forma.—No merchandise exceeding $100 in value, except 4. ©. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 133 i __ TDs, 16520, personal effects accompanying a passenger, shall be ad a176e aaore mitted to entry without the production of a certified in- ae ar ice i ication 22923, 23081 voice thereof, unless the importer shall make application fase Sano : it is i i 23583, 23713, under oath, showing that it is impracticable to produce 3398 ao gee such invoice. This affidavit shall be accompanied by a 23963, 24583, statement of value or pro forma invoice on Customs 28834, 29846, laa Bee BAe If the collector is satisfied that the failure to produce 32254, 32567, g Se le 34075, the certified invoice is for reasons beyond the control of the importer, he may permit entry on a pro forma in- voice upon a bond being given on Customs Form 3379 for the production of a consular invoice. The penalty of-such bond shall be double the amount of estimated duties, or if the merchandise be free of duty the sum of $100. When the certified invoice is received it must be compared with the entry, and any duty re- maining due must be collected. The provisions of the law regarding penalties for undervaluation are alike applicable to pro forma invoices, but no refund of duty shall be made because a certified invoice exhibits a lower _ T. Ds. 10548, value than the entered or appraised value. ele A certified invoice is not required to enter merchandise act oct. 3, valued at $100 or less, neither is an application on Cus- bar. L see. III, toms Form 3283 necessary to enter merchandise so valued. 15061 pease Art. 203. Invoice to be for single shipment.—Every in- 7 ps, 22993, voice must represent a distinct shipment by one consignor to one consignee or firm of consignees by one vessel. If by reason of accident or short shipment a portion thereof should fail to arrive, an extract from the original invoice, certified by the collector and naval officer, if any, may oat Ds: 12420, be used for entering the remaining packages, but the , consolidation of separate shipments on one invoice for the purpose of avoiding consular fees shall not be per- mitted. : Art. 204. How prepared—Contents—All invoices shall 1. D. 34542. be made in triplicate, or in quadruplicate in case of mer- chandise intended for immediate transportation without appraisement, and be signed by the person owning or shipping the same, if the merchandise has been actuallv purchased or the price has been agreed upon, fixed, or de- termined, or by the manufacturer or owner thereof, if the same has been procured otherwise than by purchase or agreement of purchase, or by the authorized agent of such purchaser, seller, manufacturer, or owner. 134 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. T. D. 35416. R. 8., 2837. T. D, 21353. T. Ds. 33557, 34580, par. 6. R. 8., 2903. T. D.’ 34542. If the merchandise has been purchased or agreed to be purchased, the invoice must be made out in the currency paid or agreed to be paid therefor, and must specify when, where, and from whom purchased. If the mer- chandise is consigned for sale in the United States or is imported otherwise than on a purchase or an agreement to purchase, the invoice must be made out in the currency of the place or country whence the importation is made. All invoices must contain a correct, complete, and detailed description of the merchandise and of the pack- ages, wrappings, or other coverings or containers thereof. Such description must include the name, if any, by which each item is known to the trade in the country of produc- tion or exportation, and show the kind, quality, and com- ponent parts of the merchandise. One copy of the invoice will be filed in the consular office, the duplicate copy will be delivered to the shipper to be forwarded to the consignee for use on entry, and the triplicate will be forwarded by the consul to the col- lector of customs at the port at which entry is to be made. When merchandise is to be entered for immediate trans- portation without appraisement, a quadruplicate copy will be delivered by the consul to the exporter for use in making the I. T. entry. Invoices must be made out on firm and durable paper in a legible manner on one side of the paper only, and with ink not liable to fade, and must contain the quan- tities of the merchandise in the weights and measures of the country of exportation. When merchandise is pur- chased by the gross weight the invoice should so state. Press copies will not be accepted for customs purposes. Triplicate invoices received at ports of entry will be filed at such ports. The accompanying descriptive list, Consular Form 142, will be certified after verification and the insertion of any details omitted, and then trans- mitted to headquarters port to be forwarded to the Audi- tor for the State and Other Departments. Art, 205. Certificates of depreciation—_If the currency paid or agreed to be paid is depreciated, a currency cer- tificate, Consular Form 144, should be attached to the invoice showing the percentage of depreciation as com- pared with the corresponding standard coin currency, and also showing the value in such standard coin cur- rency of the total amount of the depreciated currency paid for the merchandise included in the invoice. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 135 If the invoice be certified by a consul of a foreign nation or by two merchants (as provided by article 206) the currency certificate may be issued by said consul or the merchants. Such certificates of depreciation should be attached to all invoices covering merchandise purchased and paid for in depreciated currency, whether dutiable or free of duty. Art, 206. Declaration and certification—AI] such in- 1045) gee. Tah voices shall, at or before the shipment of the mer- 4% De 11954, chandise, be produced to the consular officer of the 51753 20835, United States of the consular district in which the mer- aan oeaee chandise was manufactured or purchased or contracted 33799" 33754’ to be delivered from, or when purchases or agreements 28789, SeesT” for purchase are made in several places, in the consular 32559' 34363" district where the merchandise is assembled for ship- 3434? 35311, ment, as the case may be, for export to the United States, and shall have indorsed thereon, when so produced, a declaration signed by the purchaser, seller, manufacturer, owner, or agent setting forth that the invoice is in all respects correct and true and was made at the place from which the merchandise is to be exported to the United States. When it is impracticable to have invoices certified by 8 $ 2848, an American consular officer, they may be, upon au- thorization from the Secretary of State, to be published from time to time in the Treasury Decisions, certified before a consular officer of a friendly nation, or, if there be no such consular officer available, before two. reputable merchants. Art. 207. Specifications of price or value and charges. off" see. Ul When goods are purchased or agreed to be purchased, ™* fea aageea the invoice therefor must set forth the sale price and 72991, 34542. separately specify all charges and whether or not in- cluded in the sale price. The charges to be specified shall include: Insurance, commissions, brokerage, inland freight, packing charges, including boxing, tilloting, cartons, packing, and similar charges. The amount of all duties remitted, drawback, or boun- ties received or to be received upon the exportation of the goods. When it is impracticable for the shippers to specify any of such charges because unascertained at the time of shipment, or to be paid by the consignee, or for other 136 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. Act Oct. 3, 1913, sec. III, par. W. T. D, 34542. T. D. 34542. T. Ds. 11139, 14806, 13499, 21592. reasons, such charges may be omitted and the cause of the omission stated. In case goods are shipped otherwise than on purchase or agreement to purchase, the invoice must set forth the actual market value in the usual wholesale quantities in the principal markets of the country of exportation at the time of exportation in their condition packed ready for shipment, and shall include or separately specify the cost of inland freight, if any, and packing charges, in- cluding boxing, tilloting, cartons, packing, and similar charges. Art. 208. Invoicing of assembled merchandise obtained in different consular districts—Merchandise purchased or manufactured in different consular districts in the same country, assembled for shipment and embraced in a single invoice and consulated at the shipping point, must have attached thereto the original bills or invoices, if there be any, or extracts therefrom, showing the prices actually paid, contracted to be paid, fixed, or determined. Art. 209. Consular notations.—If the consul shall be of the opinion that any of the prices or values stated in an invoice are incorrect or are less than the true market value of the merchandise, he will state the correct, prices or values thereon under the heading, “Consular nota- tions.” He may explain and justify his notations on the invoice in a letter to the collector at the port of entry, which letter may be either attached to a triplicate copy of the invoice or sent separately. The consul should also state the amount of duty, internal revenue or excise tax remitted or drawback allowed on the exportation of the merchandise specified thereon. , On the receipt of a triplicate invoice bearing such no- tations, and letter of explanation thereof, the collector will forward said invoice and copy of said communica- tion to the appraiser for his information. The appraiser will notify the consul of the return of value made by him on any invoice bearing consular notations of value. The consul is also to be directly informed in all cases where the invoice values are advanced on appraisement. “Actual purchase or agreement to purchase” refers to transactions between a party in the United States and a party in some foreign country, and has no reference to transactions of bargain and sale exclusively conducted between persons resident abroad. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 137 Art. 210. Fee stamp to be affixed —Invoices must be ,,Act Apt 5 stamped, and the stamps canceled by consular officers to oe eles show the payment of fees. No unstamped duplicate in- 30751. voice shall be accepted as valid, but entry may be made on a pro forma invoice with the unstamped invoice at- tached on the giving of a bond for the production of a stamped invoice. If, however, the triplicate or the quadruplicate consular invoice should bear a consular notation that the duplicate was stamped such invoice may be accepted the same as if the stamped invoice were produced. Collectors should notify the consul of the receipt of unstamped invoices. Art. 211. Statement of cost of production and of purchase _ Act Oct. 3, 1913, sec. III, price of consigned goods—When required. —When advised pars. J and L by the appraiser that the same is necessary in the ap- 10580, Liar, praisement of the merchandise, the collector shall require 12ase, peas! that there be filed upon the entry of merchandise, which has been consigned for sale by or on account of the manu- facturer thereof to a person, agent, partner, or consignee in the United States, a statement signed by such manu- facturer showing the cost production of the merchandise to include the cost of materials and of fabrication, and all general expenses, together with the expense of pre- paring and putting up such merchandise ready for ship- ment. In like manner the collector may require upon the entry of merchandise, consigned for sale by or on account of a person other than the manufacturer, a statement signed by the consignor showing the time when, and the place where, and the person from whom he purchased the merchandise, and in detail the price paid therefor. Art. 212. Consular attestation of statements of consigned 1945, ee ur goods—Disposition.—The statements required in the pre- P@?- a ceeding article shall be made in triplicate, and shall bear the attestation of the consular officer of the United States resident within the consular district wherein the merchandise was manufactured, if .consigned by the manufacturer or for his account, or whence it was imported when consigned by a person other than the manufacturer, one copy thereof to be delivered to the person making the statement, one copy to be transmitted with the triplicate invoice of the merchandise to the col- lector at the port in the United States to which the mer- chandise is consigned, and the remaining copy to be filed in the consulate. 138 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. BR &» 280%, Art. 213. Change of destination—Bond—When, on ac- count of a change in the destination of merchandise after verification of the invoice before the consul, the required triplicate shall not have been received by the collector at the port of entry, the importer shall, on making entry of the merchandise, except on articles provided for in the free list, file a bond on Customs Form 3381, conditioned for the payment of any duty found to be due, under a penalty equal to double the amount of estimated duty. The collector at the port of entry shall request in dupli- cate on Customs Form 3449 the collector at the port of original destination to transmit to him the triplicate in- voice. The duplicate copy of the request for the docu- ment will be returned with the invoice to the collector who issued it. When the triplicate invoice can not be so procured the consul shall be requested to transmit a cer- tified transcript of the invoice retained by him. 34342." sarge, Art. 214. Incomplete—Collectors will reject certified in- voices signed by the agent of the purchaser which do not state the name of the person from whom the goods were purchased and also certified invoices which are not made in accordance with the regulations. In either case entry may be permitted on a pro forma invoice and a bond taken for the production of a corrected consular invoice. ENTRY. of; &» 2785, Art. 215. Entry necessary—Entry must be made of all T, Ds. 4808, importations whether free or dutiable and regardless of 14255, : their value. Art. 216. Kinds of entry —The following entries may be made for imported merchandise: Consumption. (Art. 235.) Warehouse. (Art. 239.) Combined entry for warehouse and immediate expor- tation. (Art. 247.) Rewarehouse. (Art. 252.) Combined entry for rewarehouse and withdrawal for (a2) Consumption. (Art. 258.) (6) Immediate exportation. (Art. 260.) Withdrawal entry at original and secondary ports for (a) Consumption. (Art. 262.) (b) Exportation. (Art. 267.) : Any of the foregoing forms of entry may be made for packed packages (art. 284) and special delivery packages (art. 285). INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 139 Preliminary entry and immediate delivery (art. 277) and informal entry (art. 293), including entry by ap- praisement (art. 294), may also be permitted under cer- tain conditions and for certain classes of goods. Entries for immediate transportation without ap- praisement; transportation and exportation; with- drawals from warehouse at original and secondary ports for transportation, see Chapter XIV. Entries for exportation with benefit of drawback of duties, see Chapter XVIII. Customs mail entries, see Chapter VI. Baggage declarations and entries, see Chapter VII. Art. 217. Scope of entries—Missing papers.—All mer- eis oot chandise arriving on one vessel and consigned to one par, F Fr. consignee should be included in one. entry when papers a5isd, necessary to complete the entry have been received. Merchandise for which no invoice or bill of lading has reached the consignee may be entered subsequently and notation of the cases to be omitted from the original entry should be made on the declaration thereto. Goods imported by different vessels shall not be com- prised in a single entry except in cases where the cargo of an importing vessel is, from necessity, transshipped in the course of a continuous voyage to this country and arrives by several vessels, as in case of foreign merchan- dise destined for a port of the United States by way of the River St. Lawrence, and transshipped from the im- porting vessel to one or more vessels of light draft. Art, 218. Manifests and invoices for shipments by train or apne he NG vehicle.—The conductor or driver of any carriage, sleigh, or other vehicle, and every person coming from con- tiguous foreign territory must deliver immediately on his arrival within the United States a manifest, verified by his oath taken before the customs officer, of the cargo of such carriage, sleigh, or other vehicle, or of the mer- chandise brought by him from such foreign territory, at the customs office which shall be nearest to the boundary line or to the road by which such merchandise is brought. Importations made on different cars or different trains rT. p. 18269. of the same road and on different days within one week from the date of first arrival, and in the same fiscal year, may be comprised in one invoice. A single entry may comprise one or more such portions, but can not be made before the arrival of the invoice, which must be s. 23838, 140 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. filed with the first entry and the items covered by such entry checked off upon it. Each subsequent entry will refer to the invoice filed with the first, upon which the items covered by it will be in like manner checked off. pag. 28°97 ~=When merchandise is imported hy highway a com- bined manifest and entry, Customs Form 7523, may be accepted for each wagon or train of wagons, provided that in each case the entire importation exceeds $100 in value. A certified invoice shall be filed with the first entry, and subsequent wagonloads within one week from the first arrival may be entered on extracts therefrom. 8203, “19ie6, Art. 219. Bill of lading.—A bill of lading is necessary 17035, 23071, to establish the right to make entry in every case where it is the custom to issue such a document. Where, as in the-case of express companies, it is the practice to issue shipping receipts in lieu of bills of lad- ing, such receipts may be accepted for the purpose of entry. ite ee Gat All merchandise imported into the United States shall par. B. be deemed and held to be the property of the person to whom the same is consigned, and the holder of a bill of lading indorsed by the consignee therein named, or if consigned to order by the consignor, shall be deemed the consignee thereof; and in case of the abandonment of any merchandise to the underwriters the latter may be rec- ognized as the consignees. The collector may in his discretion permit entry to be made without the production of a bill of lading or ex- press receipt, on a bond being filed conditioned for the subsequent production of such bill of lading and to in- demnify the collector against any loss or damage which may be sustained by reason of permitting such entry to be made. rR. 8.3058. Art. 220. Who may make entry—Filing of bill of lading.— 1915 sec. Tt, Entry may be made by the consignee named in the bill of eet ae Ds. 7810, lading, or by the indorsee thereof, or by the holder of a 10208, "ENS bi bill of lading consigned to order and indorsed by the con- 21729 986 ‘ 3 RS. » 2848, The qualified executor or administrator of the estate of T. Ds. : : 19667. a deceased consignee, or the receiver or other legal repre- sentative of an insolvent consignee, or the representative of a consignee appointed in any action or proceeding at law, may make entry as consignee upon filing with the INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 141 collector satisfactory evidence of his appointment and qualification. Underwriters will be recognized as owners of mer-_ Act oct. 3, chandise abandoned to them; and merchandise saved par. Be een from a vessel wrecked or abandoned at sea, or on or along the coast of the United States, and brought into a port of the United States by or in possession of salvors is re- garded as the property of such salvors. Bills of lading will not be required on entry by underwriters or salvors. A nonresident consignee who appears in person at the T. D. 22478. customhouse has a right to make entry. A foreign corporation can not make entry unless it is 1. D. 18852, authorized to do business under the laws of the State in which the port of entry is located, and there is within such State an agent authorized to accept service of process against such corporation. Consignment in a bill of lading to “the agent” (that isaie Satee” is, without stating a name) of a railroad company or other carrier, or notation “to notify,” or “in care of” a person, is insufficient to authorize such person to make entry. Bills of lading presented with entries shall not be re- . D. 24208. turned to the parties making entry, but whenever re- quired the collector may issue a certificate on Customs Form 3443 showing that the bill of lading was lodged with him. Art. 221. Powers of attorney—A_ power of attorney may _ T. Ds. 15507, be executed for the transaction of a specified part or for 30086, 20180, 20432, 23259, all the customs business of the principal. It must be 23379; 29582! explicit in its terms, and without any clause of substitu- p. Tae vay tion. If for the execution of sealed instruments it must be under seal. A power of attorney given by a partner- ship for the execution of sealed instruments must be signed and sealed by each partner. An individual, other than a married woman, may exe- cute a power of attorney to sign as surety on customs bonds. If limited to bonds of one or several importers they must be named in the power. Such power must have attached a justification of the donor in a specified amount. A trustee may execute a power of attorney for the transaction of customhouse business incident to the trus- teeship. One member of a partnership may execute a power of attorney in the name of the partnership for the transac- . 8105. 142 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. tion of all its customs business, except the signing of bonds. Such power must recite the names of all the members of the partnership. In States whose laws pro- vide that when a new firm is formed by change of mem- bership the new firm is not responsible for the acts of the old firm, there shall be filed with every such change ef status of the partnership an affidavit in continuance of the power of attorney on Customs Form 3091. Before accepting powers of attorney executed on be- half of corporations, the collector should require the cer- tificate of incorporation, or a certified copy of the charter or articles of incorporation; a copy of the by-laws or ex- tracts thereof which are relied upon, or a copy of the reso- lution or vote of the board of directors or other govern- ing body, containing the authorization for the appoint- ment of attorneys or agents, certified by the clerk or sec- retary of the corporation under its corporate seal.* If it is desired that the attorney in fact of a corpora- tion shall make the owner’s declaration, the power must specially so authorize. The principal officers of a corporation, i. e., the presi- dent and vice president, may take the owner’s declara- tion without specific authorization, but such declara- tions by other officers should not be accepted without specific authorization. The principal officers of a cor- poration may execute bonds without specific authoriza- tion, provided the charter or articles of incorporation or by-laws do not prohibit the same. The power of attorney filed by a foreign corporation which has complied with all the requirements of the law of the State or Territory in which the port of entry is located may be accepted for customs purposes in the same manner as in the case of a domestic corporation. A power of attorney given by an individual residing in a foreign country, or by a partnership located in and whose members reside in a foreign country, will not be accepted; neither will a power of attorney given to a minor. When a power of attorney has been filed, and it is de- sired to use it at another port, the collector at the port where it is filed will, upon request of the collector at the other port, or upon request from the person, firm, or cor- poration executing the same, forward a certified copy thereof. If the power be given by a corporation, the collector at the port where it is filed will state that there INVOICE, ENTRY, AND ASSESSMENT OF DUTIES, 143 are on file in his office a certificate of incorporation, or a certified copy of the charter or articles of incorporation; and a certified copy of the by-laws or extracts thereof relied upon, or resolution or vote of the board of direc- tors or other governing body, containing an authorization for the appointment of attorneys and agents and whether or not the agent or attorney of such corporation has power to execute bonds and make the owner’s declaration. Any expense in connection with the preparation of such documents will be borne by the parties in interest. The collector at the port where the power of attorney is filed will immediately notify each collector to whom a certified copy has been sent whenever such power is re- voked. Art. 222. Date of importation.—The date of importation 17: ?- 26719. is the date of arrival of the vessel at a port with intent to unlade. In case the importing vessel enters two or more United States ports the date of importation will be the date of arrival of the vessel at the port at which the merchandise is landed. The date of importation of mer- chandise forwarded under immediate transportation en- try is the date of arrival of the merchandise at the first port. Art. 223. Entry—Date of.—Entries of merchandise shall ,,7,Ds- 10878; 21116, 24535, : ; ; 26219, 26826, not be filed except during official business hours. The 76719. 268e8. date of entry shall be held to be the date on which the 23283), epee duty is paid on a consumption entry; on which the bond is slid, 81488! executed on a warehouse entry; and on which the permit is signed on a free entry. Customs officers will not permit the opening, examina- .,7,Ds. 28587, tion, or inspection of any package containing imported merchandise until proper entry therefor has been made. Art. 224, Entries—How made.—Entries shall be in writ- 88,27 S ing according to prescribed forms, signed and declared 1913, sec. 3, to. They shall show the name of the importing vessel or 1. D. 28704. other carrier, the port or place of departure, and the date of arrival, the place, date, and consular number of the certified invoices, the marks, numbers, and number of packages, or the quantity and the kinds of merchandise, described in terms of the tariff act; also the rates of duty, the separate value at each rate, and the total value of the merchandise, with additions or deductions, if any, to make market value, as defined by law. The merchandise shall be enumerated and described, tT. pD. 34614. and the values and quantities given in the entry or in a 144 1 D 1913, sec. III, Di Act Oct. 3, 913, sec. III, ar. I. T. D. 34975. Act Oct. 3. ar. I. T. Ds. 7875, 34806. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. statement attached thereto, in accordance with prescribed statistical schedules. Art. 225. Entered value to be determined by importers by adding to or deducting from invoice value—The owner, consignee, or agent of any imported merchandise may. at the time when he shall make entry, but not after either the invoice or the merchandise has come under the obser- vation of the appraiser, make in the entry such addition to or deduction from the cost or value stated in the in- voice, or pro forma invoice, which he shall produce with his entry, as in his opinion may raise or lower the same to the actual market value or wholesale price of such merchandise at the time of exportation to the United States, in the principal markets of the country from which the same has been imported. Art. 226. Additions to meet advances by appraiser pend- ing reappraisement.—The importer may at the time of making his entry make additions to meet advances made by the appraiser upon previous importations then pend- ing before the general appraisers upon reappraisement. An importer making such addition on entry should make his certificate at the time of entry in substantially the following form: I hereby certify that the entered value of the merchandise men- tioned below is higher than the foreign market value and that the goods are so entered in order to meet advances by the ap- praiser in similar cuses now pending on appeal for reappraise- ment. The similar cases now pending are entries Nos. , at the port of , reappraisement Nos. I contend that duty should be assessed on the basis of the value shown below as the foreign market value. Add to make | _ Deduct to Add to meet Invoice * make foreign | Foreign mar-| advances by | Entered Items. | ‘value. sa den a market ket value. | appraiser in | value. . value. similar cases. L mporter. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 145 Art. 227. Amendment of value on entry.—After an entry ,,4¢t Oct. has been lodged in the customhouse no change shall be P4f; 1, jos39 made in the value thereon, except that the importer may, 22543. upon application to the collector, be permitted to amend his entry if it shall appear that the invoice or merchan- dise has not come under the observation of the appraiser. Art. 228. Entry on triplicate invoices—An importer is ,,7,,Ds. 8386, not only permitted but required to make entry on the triplicate invoice where he has failed to receive his copy of the invoice, and no entry upon a pro forma invoice will be allowed unless it be shown that no triplicate is on file. Art. 229. Declaration on entry.—When entry for im-,,Act Oct. 3, ported merchandise exceeding $100 in value is made there par, Fe shall be filed therewith a declaration upon one of the 25437, 25574, : : : : ; 5806, 26129 following prescribed forms, which declaration shall be 26775, 31559, , signed by the owner, importer, consignee, or agent, as 34580, 35060, the case may be, before the collector or before a notary T._D. 35262, ; . toa . 480. public or other officer authorized by law to administer oaths and take acknowledgments. Customs Form 3347 is to be used when entry is made by the owner, purchaser, or ultimate consignee, as the case may be, whether the merchandise was purchased or agreed to be purchased, or is consigned for sale or other- wise. Customs Form 3345 is to be used in all cases where the entry is made by an agent, broker, or forwarder, or any person other than the actual owner, purchaser, or ultimate consignee. In every such case the declaration on Customs Form 3347 must be filed at the time of entry or a bond given for the production of declaration on Customs Form 3349 or 3351, as required by section 2787, Revised Statutes, as amended by the act of March 2, 1905. Customs Form 3349 is to be made by the ultimate con- signee to cancel the bond given when entry is made by an agent or person other than the ultimate consignee of merchandise imported in pursuance of a purchase or agreement of purchase. Customs Form 3851 is to be used by the owner or ulti- mate consignee to cancel the bond given when entry is made by an agent or person other than the owner or ultimate consignee of merchandise not imported in pur- suance of a purchase or agreement of purchase. 3130°—15——10 146 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. T. Ds. 32518, 34283. T. D. 35264. * T. De. 11199, 19174, 22460, 30025. 31676, 32091. T. Ds. 10033, 20693. R. S., 2789, 2926, 2966. T. Ds. 19634, 26826, 33036. In case of merchandise imported pursuant to a pur- chase or an agreement for its purchase at a price deliv- ered in the United States and consigned to an agent or branch house of the shipper for entry and delivery, the consignee named in the bill of lading may be considered the ultimate consignee and make declaration on Customs Form 3347, or if he desires he may make declaration on Customs Form 3345 and give bond on Customs Form 3383 for the production of the declaration of the ulti- mate consignee on Customs Form 3349. The declaration may be made by any qualified officer of a corporation or by an attorney in fact expressly au- thorized to make such declaration. A general bond on Customs Form 3405 for the produc- tion of the owner’s or consignee’s declaration may be given, Art. 230. Designation on entry—How merchandise is to be examined.—The collector will designate on the entry, per- mit, and invoice, at least one package of every invoice, and not less than 1 out of every 10 packages, unless other- wise provided, for examination by the appraiser. If the merchandise is bulky, he will direct its examination on the wharf or other suitable place, subject to the approval of the appraiser. When merchandise is to be gauged, measured, or weighed the collector will make such order on the entry and permit. All packages not ordered for examination will be im- mediately delivered to the importer upon his filing a bond on Customs Form 3385 in the penal sum of double the estimated value of the merchandise for the return to the collector of any packages so delivered which may be demanded by the collector or appraiser within 10 days after the merchandise has been appraised and reported to the collector. In the absence of such bond all pack- ages will be held until after the report of the appraiser at the expense of the parties in interest. A general bond for the delivery of unexamined pack- ages or merchandise examined on wharf covering a period not exceeding six months, Customs Form 3387 may be accepted in lieu of the special bond. Art. 231. Incomplete entry—When an entry of mer- chandise is incomplete for want of proper invoices or for other cause the same shall be rejected, and unless proper entry is completed for any merchandise within 48 hours INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 147 after the date of arrival of the importing vessel, the col- lector shall send the merchandise into public store under general order. ASSESSMENT OF DUTIES. Art. 232. When duties accrue—Unless otherwise spe-_ 1. Ds. 5721, cially provided by law, duties accrue upon imported mer- dager, 34535) chandise on arrival of the importing vessel within a cus- 30161, 30729; 33202. toms port with intent to unlade. Art. 233. Importer’s liability for duties—The liability es, ot for duties, both regular and additional, attaching on im- 486 U. S. v. Ly- portation constitutes a personal debt, due from the im- man, 1 Mason, porter to the United States, which can be discharged T, Ds. 25093, 25313, | 26036, only by payment in full of all duties legally accruing. 26073, 26667, It may be enforced, notwithstanding an erroneous con- 28439, 58740, struction of law or rardiwtiens may have enabled the im- 31170, 32074, porter to pass his goods through the customhouse without 34429: such payment. It also constitutes a lien upon the mer- chandise imported, which may be enforced while the same is in the custody or subject to the control of the United States. In case of the insolvency or bankruptcy of an importer aS aan. the United States is the first creditor to the amount of 1908, see. 64." duties owing by said importer. Collectors must not permit one importation to pass out of their custody when duties are unpaid, with a view of holding a lien upon a subsequent importation. Merchandise consigned to parties without their au-_ 1. Ds. 25093, thority and refused by them should be treated as un- ee claimed. Art. 234, Reimportation—Dutiable merchandise im- ,fft Oc } ported and afterwards exported, although it may have a, 404 and paid duty on the first importation, is liable to duty on 19334?*978 7" every subsequent importation into the United States ; 32648 genes but this does not apply to wearing apparel, personal and alas ange household effects taken abroad and brought back by a 2436+ returning resident of the United States. Neither does it apply to iron or steel drums of domestic or foreign man- ufacture used for the shipment of acids or other chemi- cals, which shall have been exported from the United States, nor to articles exported from the United States for repairs, which may be returned upon payment of a duty upon the value of the repairs at the rate at which the article itself would be subject if imported. * 148 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. ce DL 28704, T. Ds. 13709, 17236. T. D. 34580. T. D. 13709. R. S., 2962, 71. T. D. 31148. (T. D. 32618. Abst. 28787.) ENTRY FOR CONSUMPTION. Art. 235. Form.—Entry for consumption shall be made in duplicate on a form substantially in accordance with Customs Form 7501. Art. 236. Estimation of duties——As soon as the entry is filed each invoice shall be stamped with the date of the entry. The classification and values stated in the entry will be compared with the description and values in the invoice to insure that the proper amount of duties are estimated. Entries and all papers pertaining thereto, respectively, will be designated by serial numbers com- mencing on July 1 of each year. The rates of duty at which the entry is passed, shall be noted in black ink on the invoice, and transmitted to the appraiser. Special examination label, Customs Form 3359, will be attached to invoices of perishable goods and other articles for which immediate delivery is necessary. Art. 237. Statement of entered value, examination pack- ages, etc., to be attached to invoice—Collectors will se- curely attach to each invoice a statement, Customs Form 6417, on which will be noted for the information of the appraiser the entered value and the manner in which it is determined, beginning with the gross invoice value and specifying the nondutiable charges deducted therefrom, the dutiable charges added thereto, and the additions or deductions made on entry by importers to make market value. On entries for consumption the word “ ware- house” will be erased, otherwise the name of the ware- house will be noted thereon. Under the head of “ For examination” collectors will designate the packages to be examined and the place where the examination is to be made. Art. 238. Deposit of duties—Permit.—The amount of estimated duties having been deposited, a permit on Cus- toms Form 3363 shall be signed by the collector and countersigned by the naval officer, if any, and then be delivered to the importer or his agent, to be sent by him to the inspector in charge of the merchandise. ENTRY FOR WAREHOUSE. Art. 239. Form and contents.——If an importer desires to place merchandise in a bonded warehouse at his risk and expense for a period not exceeding three years from date INVOICE, ENTRY, AND ASSESSMENT OF DUTIES, 149 of importation, without the payment of duty thereon, he shall make entry for warehousing in duplicate on a form substantially in accordance with Customs Form 7503. The dutiable value and quantity of each package of merchandise must be stated on the entry. Importers must designate upon the entry the bonded 28. S., 2962. warehouse in which they desire their merchandise de- posited. Art. 240. Merchandise which can not be entered for ware-_ R. 5S., 2962, house.—F ree goods (unless in packages containing duti- oT Ds. 18432, able goods), perishable goods, gunpowder, or other dan- It), 316800 gerous or explosive substances, except firecrackers, can Abst, 30832)" not be entered for warehouse; and if not immediately entered for export or iranenaredtion from the vessel in which imported, or entered for consumption, and the duties paid thereon, will be sold by the collector under the regulations governing unclaimed merchandise of a perish- able nature. Merchandise, including American distilled spirits, 1. ps. 18351, withdrawn from warehouse at the end of the bonded 311i, “°**” period and shipped to a foreign country with the inten- Abst, 20787)" tion to bring the same back to this country can not be warehoused again on its return to the United States. Neither can excessive sea stores be entered for warehouse. Art. 241. Liability of importers and sureties—Original 1. p. 22417. importers are not by a subsequent transfer relieved from their liability to the Government, cither personally or upon the warehousing bond, for duties on the original importation. Both principal and sureties continue liable under such bond until the duties are paid or the merchan- dise is exported. However, upon the withdrawal for transportation and rewarehouse or for transfer to bonded manufacturing warehouse credit will be given upon the warehousing bond and the bond considered closed without prejudice to the Government’s right of action. Art. 242. Part of importation—Any portion of an in- _T. Ds. 5341, voice not less than an entire package, and if the mer- chandise be in bulk, not less than 1 ton, may be entered for warehousing and the remainder for immediate con- sumption. In such case the entries must be made simultaneously and the declarations made to conform thereto. Merchandise shall not be withdrawn from warehouse R. S., 2980. under any form of withdrawal in a quantity less than 150 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. Act Oct. 3, 1913, sec. IV, par. Q. T. D. 34221. T. Ds. 15450, 20904, par. 13. the entire package, or 1 ton in weight, if the merchandise be in bulk, except drugs, which may be repacked for exportation. Art. 243. Numbering of packages.—Packages shall be received in warehouse according to the marks and num- bers. Packages containing weighable and gaugable mer- chandise not bearing shipping marks or numbers will be received under the weigher’s or gauger’s numbers. Warehousemen will be required to mark all shipments for identification, showing the year and month when received and the name of the importing vessel or carrier and the place whence imported. The marks and numbers must be entered on the books and returned by the storekeeper in charge in his daily returns to the collector. They will then be entered im. the general warehouse books, and the numbers therein given will be the designating numbers on all permits for withdrawal. Art. 244, Estimation of duties—Bond.—After the duty has been estimated upon the warehouse entry in the same manner as upon an entry for consumption, the col- lector will take a bond on Customs Form 3577 in double the amount of the estimated duties. Art. 245. Permit.—The bond having been executed, the collector will issue a permit to the inspector on Customs Form 3713, which must be countersigned by the naval officer, if any, to send the goods to the bonded warehouse, except such as may be designated for examination, which will be sent to the appraiser’s stores. This permit must also indicate what goods are to be weighed, gauged, or measured. Such weighing, gauging, or measuring is to be done before or at the time of the deposit of the goods in warehouse. Art, 246. Opium.—Opium containing less than 9 per cent of morphia and preparations or derivatives of opium deposited in bonded warehouses shall not be re- moved therefrom without payment of duties and such duties shall not be refunded. COMBINED ENTRY FOR WAREHOUSE AND IMMEDIATE EXPORTATION. Art. 247. Entry for exportation—Foreign destination— How shown.—Merchandise shown by the manifest, bill of lading, invoice, or other document to be destined for a foreign country, without passing through any part of INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. the United States, may be entered for warehouse and im- mediate exportation. A certified invoice need not be produced for merchan- dise so entered. Entry may be made for all or any part of such ship- ment for consumption or warehouse in lieu of exporta- tion, or two or more entries may be made for exportation to different places to different consignees if the intention so to export is shown by the manifest or other document. Art. 248. Form— Delivery permit — Constructive ware- house.—When such entry, Customs Form 7505, is made, the collector shall issue a permit on Customs Form 3839, countersigned by the naval officer, if any, addressed to the discharging inspector, directing him to allow the goods to be transferred to the vessel in which they are to be exported. Should unreasonable delay occur in the presentation of the permit the merchandise will be sent to general-order store. The same directions to the surveyor and the same re- turn from the lading officer are required on this as on the usual export entry. Art. 249. Retention of goods on dock.—In case an export vessel is not available at the time of entry, the goods, on application by the importer, may be allowed to remain on the dock, if it is covered and capable of being properly locked and secured, under customs supervision, and at the expense of the applicants for a period to be deter- mined by the collector, not exceeding 30 days from the date of importation. At the expiration of the prescribed period the goods, if not exported, will be sent to public store or bonded warehouse under general order to await shipment. Also when the dock can not be properly locked and secured, the same procedure will be followed. Art. 250. Exportation without unlading—Whenever it is intended to export the merchandise in the importing ves- sel without landing, such vessel may be designated as the “warehouse,” and instead of the evidence of lading, the customs officer in charge of the vessel shall certify that the vessel was constantly under customs supervision and that the merchandise entered for exportation was not discharged during her stay in port. Art. 251. Immediate exportation of explosives—Gun- powder and other explosive substances, the deposit of which in any public store or bonded warehouse is pro- 151 T. Ds. 9732, 4789. T. D. 6896. ‘R. S., 2962, 152 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. T. D. 22417. T. Ds. 6895, 7116. hibited by law, may be entered on arrival from a foreign port for immediate exportation in bond by sea, but the articles shall be transferred directly from the importing to the exporting vessel. ENTRY FOR REWAREHOUSE. Art. 252. Procedure.—Entries for rewarehouse may be made immediately after the receipt of the mail copy of the transportation entry. If not made within 48 hours after the arrival of the merchandise, it will be sent to general order warehouse. Should the consignee refuse to make entry, the col- lector will notify the collector at the port of shipment of the fact, and the goods shall not be sold as unclaimed until the parties on the transportation bond have had opportunity to protect their interests. No declaration is required on entry, and no examina- tion of the merchandise will be made except where a question is raised as to the correctness of the appraise- ment or classification. When a bond in double the duties on Customs Form 3577 shall have been given, a permit shall be issued on Customs Form 3717 for sending the merchandise to the bonded warehouse designated on the entry. Art. 253. Certificate of delivery—When the collector is satisfied that the goods so deposited are the identical goods described in the entry received by him from the collector at the port of withdrawal, and it appears that the same were correctly classified and appraised, he will issue a certificate of delivery on Customs Form 8767, in duplicate—one copy to be delivered to the party making entry and the other to be forwarded by mail to the col- lector at the port of withdrawal. At ports where there is a naval officer, the certificate should be countersigned by him. Art. 254. Value and classification—The value and duty as assessed at the port of original importation, and so stated in copy of the entry or withdrawal for transporta- tion forwarded to the port of destination, will in all cases be the value and duty to be charged on the rewarehouse entry; or, if the merchandise be withdrawn immediately on arrival, on the rewarehouse withdrawal, as the voucher and authority for the assessment of duty. If a clerical INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 153 error be found in the transportation entry, it should be corrected, entry allowed, and the fact reported to the collector at the port of withdrawal. Art. 255. Change in law.—When merchandise is with- 3,$3P* 7545 drawn from warehouse at one port for transportation in bond to another port prior to the taking effect of a. statute or treaty, changing the rates of duty, and arrives at the secondary port and is entered and withdrawn for consumption subsequent to the time when such statute or treaty becomes operative, the collector at the latter port will reliquidate the rewarehouse entry in accordance with the new law. : Art. 256. Protest—Protest against the assessment of ,,1; P*,35%) duty can not be received at the port of destination, ex- 16766, 30355. cept against the reliquidation made under the preceding article, or against the refusal of the collector to so re- liquidate. Should any difference in valuation or classifi- cation be discovered, the matter should be taken up with the collector at the port where the entry was liquidated, and if there be a disagreement as to the correct value or rate of duty, the case should be reported to the Secretary of the Treasury for instructions. Art. 257. Reliquidation of warehouse entry.—When, under a decision of the Board of United States General Appraisers, or for any other reason, a warehouse entry is reliquidated, covering merchandise which had been with- drawn for transportation to another port prior to the date of the reliquidation, an amended withdrawal for transportation should be forwarded to the second port and the rewarehouse entry, corrected to agree therewith, should be the basis for the collection of duty on the withdrawal or withdrawals for consumption. COMBINED ENTRY FOR REWAREHOUSE AND WITH- DRAWAL FOR CONSUMPTION. Art. 258. Form.—If the consignee desires to pay duties and get possession of the goods immediately on arrival a combined entry for rewarehouse and withdrawal for consumption may be made on Customs Form 7515, and the transporting vessel or vehicle may be constructively designated as a “‘ warehouse.” Art. 259. Procedure.—In this case no rewarehouse bond will be required, but the duties, which shall be the 154 T. D. 13462, T. D. 13462. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. amount certified as payable on the transportation entry, having been paid, the collector will issue a permit for delivery on Customs Form 3735. On receipt of such permit the inspector will deliver the goods as directed and return the permit to the collector with his indorsement of delivery. No declaration will be required on the rewarehousing of such merchandise, and no further examination of the same will be made other than may be necessary for the identification of the goods. COMBINED ENTRY FOR REWAREHOUSE AND WITH- DRAWAL FOR IMMEDIATE EXPORTATION. Art. 260. Form.—The consignee of merchandise trans- ported under bond, desiring to export the same immedi- ately on arrival, will promptly notify the collector in writing, who will assume custody of the goods wherever they may be until the necessary entry is completed and permit issued. Should there be any delay in making entry, the goods will be sent by the collector to such ware- house as he may select. The entry will be made on Customs Form 7507. The entry will be verified by the declaration of the exporter. Declaration of exporter, I, , do sulemnly, sincerely, and truly declare that the goods, wares, and merchandise described in the within entry, now delivered by me to the collector of the customs for the port of . are truly intended to be exported by me to the port of , as stated in the said entry, and by the vessel or route therein indicated, and are not intended to be relanded or con- sumed within the limits of the United States. I further declare that, to the best of my knowledge and belief, the said goods, wares, and merchandise are the same in quality, quantity, value, and package (wastage and damage excepted) as at the time of importation. Port or before me. ——— this day of . Collector. Art. 261. Procedure—An export bond having been ex- ecuted, permit will be issued on Customs Form 3839. The entry will be transmitted to the surveyor for the lading of the goods. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. 155 The return of the inspector on this entry shall be as follows: Return of inspector on goods laden for export. Port oF , I, , have examined the goods described in the within entry, and, finding them to agree therewith, they were laden under my supervision on board the for Inspector. WITHDRAWAL ENTRY AT ORIGINAL AND SECONDARY PORTS FOR CONSUMPTION. Art. 262. Forms.—Withdrawal entries for consumption 1918 see shall be made in duplicate at the original port on Cus- *" * toms Form 7517, and at a secondary port on Customs Form 7515. ' No declaration is required. All withdrawal entries shall show the number of the bond, the marks and numbers of the packages withdrawn, the vessel and date of importation, the description, quan- tity, rates of duty, separate value of each package, and total dutiable value of the merchandise, and shall be signed by the party making the withdrawal. Art. 263. Withdrawal by transferee—Whenever an im- 14030" 14906" porter has occasion to deliver his merchandise in ware- 3$3{¢ 188°) house to any other person, he shall sign an authoriza- tion in writing on the withdrawal in the following form: “YT hereby authorize the delivery of the merchandise described in this withdrawal to .”’ Transferees may protect their interests by having such withdrawals immediately recorded in the warehouse ledger in their names. Upon payment of duties, the permit shall be issued to the transferee of record. If the importer does not wish to limit the right of withdrawal to one person, he may leave the space for the name of the transferee blank. Subsequent transfers may be made by delivery of the withdrawal, without nota- tion on the records of the customhouse. The person pay- ing the duties and charges must insert his name in the blank space in the withdrawal; whereupon the delivery permit will be issued to him. T. D. 27607. 156 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. Art. 264. Computation and payment of duties—Delivery permit.—On presentation of a withdrawal at the col- lector’s office it shall be compared with the warehouse or rewarehouse bond, Customs Form 3577. The duty pay- able shall be assessed on the withdrawal and recorded on the bond. Upon payment of the duty and other charges the collector shall issue a permit, countersigned by the naval officer, if any, for delivery on Customs Form 3731. At naval office ports withdrawals and permits shall be examined in that office and a proper record made in its warehouse accounts. T. D. 27412. Art. 265. Withdrawal— When completed.— When the duties are paid and a permit is issued and lodged with the storekeeper, the storekeeper will notify the ware- houseman that he may deliver the merchandise and allow him to make a copy of the permit. The warehouseman will thereupon be at liberty to deliver the merchandise. R. &, 3899. Art. 266. Withdrawals before and after liquidation.— Merchandise may be withdrawn for consumption before liquidation upon payment of the estimated duties and the giving of a bond on Customs Form 3385, and after liquidation upon payment of the liquidated duties. Increased and additional duties ascertained on liqui- dation to be due on merchandise previously withdrawn must be collected on the next withdrawal and excess duties paid may be deducted from the duty due on the next withdrawal. When all the merchandise has been withdrawn prior to liquidation, any difference between the estimated and liquidated duty shall be refunded or collected as shown by a statement of liquidation, Customs Form 4313. U.S.v.Camp- The delivery of all the merchandise in warehouse upon a 816 Du: the payment of the full liquidated duties releases the mo S. 142 ‘surety on the warehouse bond from liability for any U. S.'v. Georgi 44 Fed. Rep.. duties subsequently found due upon a reliquidation. The importer, however, is liable for such increased duties irrespective of the bond. WITHDRAWAL ENTRY AT ORIGINAL AND SECONDARY PORTS FOR EXPORTATION. T. D. 34703. Art, 267. Form.—The withdrawal of goods from ware- house for exportation shall be made on Customs Form 7507. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES, If exported by other than the original importer, the same authority will be required as in case of withdrawal for consumption. (Art. 263.) The exportation shall be made under the original marks of importation. Port marks may be added by authority of the collector and under the supervision of a customs officer. The original and the port marks shall appear in all papers pertaining to the exportation. The withdrawal will be verified by a declaration in the form provided on Customs Form 7507. Art. 268, Export bond.—The withdrawal entry having been entered in the warehouse accounts, the exporter shall give bond on Customs Form, 3575, in a penalty equal to double the duties, to produce the proof required by law of the landing of the goods beyond the limits of the United States. A permit, Customs Form 3839, will then be issued. Art. 269. Landing certificates—The time to be inserted , in the bond for the production of the landing certificates will be one year when the exportation is to a European or American port, and two years when to a port in Africa or Asia. Art. 270. Return of weight, gauge or measure.—The with- drawal entry shall be transmitted to the shipping officer as provided therein (Customs Form 7507). A special return of the weight, gauge. or measure of the merchandise will be made when required by the collector. Art. 271. Report of packages not laden.—Inspectors will report goods not laden, by marks and numbers, and goods received and not laden will be sent to general order un- less otherwise directed by the collector. Art. 272. Withdrawal before liquidation—Damage, etc.— No withdrawal for export shall be allowed before the liquidation of the warehouse entry, or a special liquida- tion of such items as refer to the merchandise exported, and there shall be no abatement or allowance of duties on account of damage, loss, or deterioration of merchandise while in warehouse, except as provided by statute. Art. 273. Weight, gauge or measure—Merchandise in bulk and articles in packages bought and sold by weight, gauge, or measure must be withdrawn for export or trans- portation only at the actual quantities ascertained at the time of arrival in the United States. 157 R. 8., 2979. R. 8, 3044, 45, R. S., 2983, 984. R. S., 2980. 158 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. T. D. 3605. T. D. 34703. Act Oct. 3, oe pars, 152, a T. D. 35216. Art. 274, Liquors—Regauge.—Liquors in casks will be regauged on withdrawal for exportation, and duty will be collected on any deficiency from the original gauge in excess of the following allowance for evaporation: One per cent for the first 6 months or less after the date of entry. Two per cent after 6 months and not over 12 months. Three per cent after 12 months and not over 18 months. Four per cent after 18 months and not over 24 months. Five per cent after 24 months and not over 36 months. Art. 275. Parcel-post packages.—Merchandise imported by parcel post and entered for warehouse may be with- drawn for exportation by registered parcel post, provided the packages are inspected and mailed under customs supervision. The postal receipt therefor will be delivered to the customs officer to be attached to his return of ship- ment. A waiver of the right to withdraw such packages from the mails must be indorsed on each package and signed by the exporter. The customs officer must state in his return that such waiver was so indorsed. When the duty is less than $25 the evidence of landing abroad will not be required. When the duty is $25 or more, the entry will not be liquidated until the receipt of the foreign addressee is filed or a notice is received from the postal authorities in this country that delivery has been made to the foreign addressee. ENTRY AND SAMPLING OF ZINC AND LEAD BEARING ORES NOT FOR SMELTING IN BOND. Art. 276. Entry at port of arrival and destination.—Lead and zinc bearing ores not intended for smelting in bond may be entered for consumption or warehouse at the port of first arrival when intended for use at such port. The ores will be weighed and sampled according to commer- cial methods by or under the supervision of a customs officer at the place of landing, or may be transferred by bonded trucks or lighters to a suitable place in the port for sampling. Such ores imported at a seaport or frontier port and destined to a smelting or sampling establishment not lo- cated at such port may be entered for warehouse and transportation without appraisement or weighing, and delivered to a bonded carrier for transportation to desti- nation. Duties will be estimated at the first port upon the invoice quantities and description of the ore, and INVOICE, ENTRY, AND ASSESSMENT OF DUTIES, a bond, Customs Form 3765, given by the consignee in double the amount of the estimated duties, conditioned upon the delivery of the ores to such establishment and the payment of the duties which may be found due on liquidation. The warehouse and transportation entry will be forwarded to the collector at the nearest port in the district where such establishment is located. Upon arrival of the merchandise at destination, entry may be made at such port for rewarehouse and immediate con- sumption, or rewarehouse, and the ores shall be weighed and sampled according to commercial methods. The commercial samples will be forwarded to a Gov- ernment assayer designated by the Secretary of the Treas- ury, who shall make assay thereof and report the result to the customs officer where the final entries were made. The entries will be liquidated on the basis of such assay. LANDING AND DELIVERY OF ARTICLES FOR WHICH IMMEDIATE DELIVERY IS NECESSARY. Art. 277. Application for special permit.—Special permit (Customs Form 8463) authorizing the immediate landing and delivery of animals, automobiles, theatrical effects, periodicals, tropical fruits, perishable, and other articles for which immediate delivery is necessary may be issued in advance of the arrival of the importing vessel upon the written application and affidavit of the importer (Customs Form 3461). Art. 278, Special deposit—The importer shall, before the issuance of the special permit, deposit with the col- lector a sum equal to double the estimated duties, to be held as a special deposit to secure the payment of duties under a formal entry. When the merchandise is free of duty, a bond with a penalty of $100 will be taken to insure formal entry. Art. 279. Appraiser to be notified—Upon granting such special permit, the collector shall give timely notice of the arrival of the vessel to the appraiser, who will promptly detail an officer to examine and appraise the merchandise. The discharging inspector shall not allow the delivery until the merchandise shall have been ex- amined and appraised. The inspector shall keep an accurate account of all deliveries made under the special permit and attach the same to his return of cargo dis- charged, ; 159 T. D. 35219. T. D. 24611. 160 INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. T. D, 24612. T. Ds, 24612, 33012 oO Act May 1, 876. T. Ds. 27962, 28285. Art. 280. Deposit to be made to the official credit of col- lector—Deposits made on such preliminary entries shall be treated as trust funds, and be deposited by the col- lector, to his official credit as a special deposit, with the proper assistant treasurer or designated depositary with whom the collector’s disbursing accounts are kept. The amount so received and deposited shall be returned to the importer without delay, by check drawn by the collector, as soon as formal entry of the merchandise is made, and the duties are paid. Art. 281. Receipts for special deposits and monthly report thereof.—At the close of each month collectors will make out accounts in duplicate, showing the disposition of the money received as such special deposits, and transmit an account current to the Auditor for the Treasury Department. PACKED PACKAGES. Art. 282. Packed package defined—aA_ packed package is one that contains two or more packages addressed to different parties. Art. 283. Marking of packed packages.—All packed packages should be marked to indicate their character. Discharging inspectors will send such packages to the appraiser’s stores immediately after landing without a permit or specific order. Art. 284. Entry of packed packages and their inclosures.— The purpose of the packed package act is to permit the separate entry of one or more inclosures of a packed package without entering the entire package when no invoice for the entire packed package has been received. Entire packed packages may be entered under the va- rious forms of formal entry upon presentation of a bill of lading and invoice therefor. On arrival of a packed package, an entry of one or more inclosures therein may be made upon filing of the bill of lading and the way bill specifying the marks, numbers, and contents of each inclosure. The way Dill will be retained by the collector and extracts of the bill of lading will be issued by him for any packages not in- cluded in such entry for subsequent entry under any form prescribed by the customs regulations. When the inclosures for any one addressee exceed $100 in value formal entry of such inclosures will be required. Such inclosures not exceeding $100 in value may be en- tered by appraisement, INVOICE, ENTRY, AND ASSESSMENT OF DUTIES, 161 SPECIAL-DELIVERY PACKAGES. Art. 285. Application—Order for appraisement.—Appli- Act June 8. . : : 1896. cation for the entry of special-delivery packages shall be _T. Ds, 17241, : ‘ 17776, 22385. made in the following form: Application to enter articles not merciandise intended for sale under the provisions of the act of June 8, 1896. To the collector of customs, port of ———-: I, . of the firm of , hereby make application to make special entry of packages, containing articles not merchandise intended for sale, and not exceeding five hundred dollars ($500) in value nor weighing more than one hundred (100) pounds per package, imported per steamship , a vessel of the United States, from on for , ultimate consignee, residing at And I do certify that there is but one consignment from any one consignor to said ultimate consignee imported in the vessel above specified on the date above mentioned. (Signed) —_ ——_. day of > —- , Deputy Collector. Declared to before’me this On the back of this application will be printed the special order for appraisement to be made in these cases, the form for the return of the appraiser, and the form of subsequent entry. The application having been made, the collector shall issue the following order of appraise- ment: Special order for appraisement. Port or P Collector's Office, _—. To the APPRAISER: You will examine promptly and report the contents and value of packages imported by in the from Marks and numbers. Description of articles. Deputy Collector. Art. 286. Marking—Appraiser’s report—LEvery package imported under the provisions of this act must be plainly marked “Special delivery package”. Packages so marked may be Ianded on the dock immediately after the entry of the vessel, and the inspector in charge will forth- with forward such packages to the appraiser’s stores, 3130°—15——11 162 T. D. 20713. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. notifying the collector of customs of his action and stat- ing the number and marks of the packages and the vessel by which imported. The contents of packages thus sent to public store shall, upon receipt of the collector’s special order, be examined immediately and appraised, the ap- praiser’s report to the collector to be in the following form: Appraiser’s report. In pursuance of your special order, we have examined the fol- lowing-described articles, and do certify the contents of the pack- ages and the value thereof to be as follows, viz: eds Description of articles. Value. Btpeoled —————, y Heaminer, Appraiser. Art. 287. Liquidation—Delivery.—Upon receipt by the collector of the appraiser’s return the entry shall be im- mediately liquidated, and upon payment of the ascer- tained duties the packages shall be delivered to the bonded carrier. The liquidation is final and conclusive against the owner, importer, consignee, or agent, except in the case of manifest clerical error. Art. 288. Bond.—The following form of bond is pre- scribed under these regulations: Bond upon entry under act of June 8, 1896. Know all men by these presents, . of - , as principal, and , of , and , of . as sureties, are held and firmly bound unto the United States of America in the sum of $10,000, for the payment whereof to the United States we firmly bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally, by these pres- ents, as witness our hands and seals at the port of . this day of , nineteen hundred and Whereas the undersigned, principals on this bond, propose to enter at the custombhouse, and to transport merchandise imported under the provisions of the act entitled ‘‘An act to expedite the delivery of imported parcels and packages not exceeding five hun- dred dollars in value,” approved June 8, 1896. INVOICE, ENTRY, AND ASSESSMENT OF DUTIES, 163 Now, therefore, the condition of this obligation is such that if the herein-mentioned obligors shall duly observe and faithfully comply with all the requirements and provisions of the above- specified act, and with the regulations prescribed by the Secre- tary of the Treasury thereunder, then this obligation to be void; otherwise to remain in full force. ——_ ———.._ [SEAL.] —— ——._[SEAL.] ——.._[SEAL.] Signed, sealed, and delivered in presence of— Art. 289. Cording and sealing.—Only such packages will 1. D- 17776. be corded and sealed under customs supervision as the common carrier may desire to reserve the right of return- ing to the customs authorities for refund of duties paid. A record of such packages shall be kept. Art. 290. Returned packages— Refund of additional duties.—If any package so corded and sealed shall be re- turned intact within 90 days from date of importation to the collector of customs at the port of entry, the duties, including additional duties, if any, under section III, paragraph I, of the act of October 3, 1918, shall be re- funded and the common carrier relieved of any liability therefor. : Art. 291. Unclaimed packages-—-Whenever a package which has been sent to the appraiser’s office, under the provisions of this act, shall be found to contain articles of more than $500 in value, or to weigh over 100 pounds, a report of the facts shall be made to the collector, who shall cause the package to be treated as if unclaimed. Art. 292. Invoice.—Nothing contained in these regula- tions shall be held to relieve importers from the neces- sity of submitting certified invoices for any importation exceeding $100 in value. Whenever such invoice shall accompany the package, as provided in the act, they shall be transmitted to the collector with the appraiser’s report. INFORMAL ENTRIES. Art, 293. Articles of small value——Merchandise uncondi- 21 bsp TAT, tionally free of duty, and all American goods returned » 20146, 30883 household effects, and other similar importations gontli- 7. Psa go, B. tionally free of duty, not exceeding $100 in value, and p. 47 By eee all merchandise where the duty does not exceed $10, may be admitted at frontiers and interior ports on informal 164 (T.D. 34580, . 1084.) R. S., 2788, 2926, Act Oct. 1918, see ut, or less for which the consignee is unable to produce an . BE. Ds. 5415, oot 22385. par. 2.) ae D. 33557, INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. entry, Customs Form 4835. Said entry shall contain the address of the importer and have attached thereto a commercial bill covering the merchandise upon which the officer will make his return. Such entries will be reported to the Auditor for the Treasury Department on Customs Form 5043. Such re- ports will be given numbers and carried into the report made to the auditor each month on Customs Form 4975. Such merchandise arriving under an immediate trans- portation entry should also be reported by the collector at the port of destination to the auditor on Customs Form 5049 in all respects as if formal entry were made. Art, 294. By appraisement. —Merchandise valued at $100 invoice or to state the value, may be entered by appraise- ment on Customs Form 3281. Similar entry may be made for personal and household effects used abroad if not intended for sale and not imported in pursuance of a purchase or agreement of purchase, and for articles sent as gifts for which no invoice or statement of value can be produced, regardless of value. The entry will be forwarded to the appraiser and the packages sent to the appraiser’s stores. The appraiser will report the result of his appraisement on the entry, and duties will be assessed in accordance therewith, but the importer may substitute an entry for warehouse and exportation at any time within one year from the date of importation. If the appraiser finds that the articles entered consist of merchandise valued at more than $100, he will return the appraisement entry with a notation thereon to that effect in order that entry by invoice may be made. The cartage, storage, and labor incident to the entry by appraisement of articles or merchandise will be borne by the importer. DISPOSITION OF ENTRIES. Art. 295. Filing, numbering, etc.—All entries for con- sumption and warehouse will be filed at ports of entry in duplicate. A separate port series of numbers will be used for each class of entries for each port of entry, to- gether with a symbol letter, to be assigned by the collec- tor. Such serial numbers will commence with No. 1 on the 1st day of July of each year. All papers pertaining to INVOICE, ENTRY, AND ASSESSMENT OF DUTIES. an entry will be stamped with its serial number and symbol letter. ‘A symbol letter will not be used on en- tries made at headquarters ports. The same system of numbering entries will be used for I. T. entries, T. and E. entries, drawback and other entries, and in assigning serial numbers for unclaimed goods. The original copy of the entry will be forwarded to the headquarters port .on the date of receipt, to be followed as soon as prac- ticable after examination and appraisement by the dupli- cate copy of the entry, with the bills of lading, invoices, special returns, and other papers necessary for liquida- tion. 165 Art, 296. 297. 298. 299. 300. 301. 302. 303. 304. 305. 306. 808. 309. 310. 311. 312. 313. 514. 315. CHAPTER VI. IMPORTATIONS BY MAIL. Parcel post. Postal conventions. Domestic mail regulations. Universal postal convention—Or- dinary mails—Printed matter— Dutiable articles—Fines. Ports of examination. Segregation of foreign mails. Labels. Stamping nondutiable letters and parcels. Failure to detect dutiable articles at office where foreign mail is segregated. Letters and sealed parcels—How treated. Parcels forwarded to destination for entry. . Unsealed parcels distributed by railway post offices. Foreign sealed sacks. Articles mailed on United’ States naval vessels. Mail entries. Liquidation. Cancellation. Formal entries. Fines and duties collected—How accounted for. Fines collected can not be re- funded. Art. 516. 317. 318. 319. 320. 321. 322. 323. 824, 325. 326. 327. 328. Failure of postmaster to make prompt return of customs col- lections. Importations—Value less than $1. Rewrapping parcels. Redirected letters and parcels. Articles conditionally free. Letters and parcels for diplo-~ matic officers. Diplomatic or official pouches. Letters and sealed parcels for foreign consular officers and United States Government offi- cials. Articles for copyright. Samples. Cigars and cigarettes. Undeliverable letters and par- cels. Examination of newspapers by customs officers. . Letters and parcels smuggled and placed in the domestic mails. . Copyright articles. . Prohibited importations. . Prohibited importations under copyright act. . Prohibited importations under postal and customs laws and regulations. Art. 296. Parcel post—Any article admissible to the domestic mails of the United States may be imported in unsealed packages by parcel post (unless a prohibited im- portation) from the following countries with which the United States has parcel-post conventions, viz: Aus- tralia, Austria (including certain Austrian offices in the Ottoman Empire), the Bahamas, Barbadoes,’ Belgium, Bermuda, Bolivia, Brazil, British Guiana, Chile, Colom- bia, Costa Rica, Curacao, Danish West Indies, Denmark, 1 Parcels can not be registered. 167 168 IMPORTATIONS BY MAIL, Dominican Republic, Dutch Guiana, Ecuador, France,* French Guiana, Germany, Gibraltar, Great Britain, Greece, Guadeloupe, Guatemala, Haiti, Honduras (Brit- ish), Honduras (Republic of), Hongkong (colony), Hungary, Italy, Jamaica, Japan, Leeward Islands, Libe- ria, Mexico, Martinique, Netherlands, Newfoundland, New Zealand, Nicaragua, Norway, Panama, Peru, Salva- dor, Sweden, Trinidad, Uruguay,’ Venezuela, Windward Islands. Customs declarations giving accurate statements of the contents and value must accompany all parcels so im- ported and be securely attached thereto. Parcel-post packages from Italy may be sealed, but cus- toms officers will break the seals, in order to examine the contents, and will reseal them with official seals. Parcels from countries with which the United States has parcel-post conventions (except those from Colombia and Mexico) must not exceed 11 pounds in weight, nor the following dimensions: Greatest length in any direc- tion, 3 feet 6 inches; greatest length and girth combined, 6 feet. The greatest length of such parcels from Colom- bia and Mexico must not exceed 2 feet and the greatest girth must not exceed 4 feet. Parcel-post packages containing prohibited importa- tions (except cigars and cigarettes) and those exceeding the weight. and size specified will be immediately re- turned to the country of origin through exchange offices of receipt, except those from Austria, Australia, Bel- gium, Bermuda, Curacao, Denmark, Dominican Repub- lic, Dutch Guiana, France, Germany, Haiti, Hungary, Italy, Japan, The Netherlands, Norway, Sweden, and Uruguay. Such packages from the latter countries shall be disposed of as hereinafter provided. Art. 297. Postal conventions.—Dutiable articles may be imported in unsealed packages through the mails from Canada, Cuba, Mexico, and the Republic of Panama under the terms of the postal conventions between the United States and those countries, subject only to the limitation as to value, weight, or size placed upon parcels admissible to the domestic mails of the United States. Art. 298. Domestic mail regulations——Dutiable articles may be imported in unsealed packages from the Philip- pine Archipelago, Panama Canal Zone, and the United 1Parcels can not be registered. IMPORTATIONS BY MAIL. 169 States postal agency at Shanghai, China, to which the domestic postai regulations are applicable. Art. 299. Universal postal convention—Ordinary mails— _ Art. 16, Uni- versal Postal Printed matter—Dutiable articles—Fines.—The importa- hoe Go iene tion of dutiable articles by mail (except books and ,Cotshausen ». printed matter), otherwise than as provided in the three 8. 215. preceding articles, is forbidden by the Universal Postal Convention. The Post Office Department defines printed matter to on ee be “all impressions or reproductions made upon any tions, sec. 450. paper or cardboard, by means of printing, engraving, lithographing, or any other mechanical process easy to recognize, except the typewriter, letter press, or manifold copy.” Dutiable articles so imported are, therefore, subject to seizure, but may be released under the following condi- tions: When the fine equal to the duty does not exceed $25 the collector may release the seizure upon payment of such fine if it appears that steps have been or will be taken to prevent a repetition of the offense. If it does not so ap- pear, or if the collector is of the opinion that there was a willful violation of the law, the seizure will be released only upon payment of the foreign value plus the duty. If the fine equal to the duty exceeds $25 the case will be submitted to the Department for instructions. Art. 300. Ports of examination—The postal regulations provide for the forwarding of parcel post and other unsealed packages imported through the mails to the following ports for examination: Atlanta, Ga.; Baltimore, Md.; Bangor, Me.; Boston, Mass.; Cleveland, Ohio; Chicago, Ill.; Denver, Colo.; Detroit, Mich.; Great Falls, Mont.; Honolulu, Hawaii; Jacksonville, Fla.; Kansas City, Mo.; Los Angeles, Cal.; Louisville, Ky.; New Orleans, La.; New York, N. Y.; Omaha, Nebr.; Philadelphia, Pa.; Portland, Me.; Seat- tle, Wash.; St. Louis, Mo.; St. Paul, Minn.; Salt Lake City, Utah; San Francisco, Cal.; San Juan, Porto Rico; and Washington, D. C. Art. 301. Segregation of foreign mails.—Customs officers shall segregate the dutiable parcels, sealed and unsealed, from those clearly not dutiable. Registered parcels will be segregated only in the presence of the postal authori- ties. Letters in their usual and ordinary form will be segregated by postal authorities. 170 T. D. 35134, T. D. 30915. IMPORTATIONS BY MAIL. Art. 302. Labels—Letters and sealed parcels supposed to contain dutiable articles will, after segregation, be la- beled by customs officers when available, or by postal employees in the absence of customs officers, except when such letters or sealed packages are addressed for delivery at the exchange offices of receipt, in which case they will be stamped by the segregating officer “ Supposed liable to customs duty.”. Form A (Customs Form 3425) will be used only when a letter or sealed package is addressed for delivery to a naval office port other than that of the exchange office of receipt. Form B (Customs Form 3427) will be used when such letters or sealed packages are addressed for delivery at any other place. Art. 303. Stamping nondutiable letters and parcels.—Cus- toms officers will stamp letters and parcels containing articles which are free of duty, with a stamp bearing the words “U.S. Customs, free of duty.”, the initials of the examining officer, and the name of the port where exam- ined. These stamps should be kept under lock and key when not in use, as customs officers will be held responsible for the passing of letters and parcels bearing their stamped initials. Art. 304. Failure to detect dutiable articles at office where foreign mail is segregated—Should a letter or parcel con- taining articles supposed or known to be dutiable escape detection at the office where the mails are segregated, it shall be the duty of the postmaster at the office of delivery to submit the same to the nearest customs officer. Art. 305. Letters and sealed parcels—How treated.—Let- ters and sealed parcels stamped “ Supposed liable to cus- toms duty.”, addressed for delivery at the exchange offices, will be left in the custody of the postmasters, who will immediately notify the addressees to appear and open the same in the presence of a customs officer. Such letters and sealed parcels addressed for delivery outside of the exchange offices at which received will be labeled by the customs officers and delivered to the post- master, who will promptly forward them to the post offices of delivery. The postmasters at offices of delivery will notify the addressees of the receipt of the letters and sealed parcels, with request to appear and open the same. Such letters and parcels will be opened in the IMPORTATIONS BY MAIL. presence of a customs officer, if such officer is located at the place of delivery; otherwise the letters and parcels will be opened in the presence of the postmaster, who will, unless they are found to contain only written com- munications or money or genuine postage stamps or fac- similes of foreign or domestic canceled stamps, immedi- ately forward the same, under official register, to the postmaster at the place where the nearest customs officer _is located, for submission to said officer. Letters and sealed parcels distributed by railway post offices exchanging mails with Canada, Mexico, and Cuba will be labeled on Customs Form 3425 or 3427, as the case may be, by railway postal clerks and forwarded to destination. Postmasters at offices of delivery will pur- sue the same course as in the case of other sealed letters and parcels. If the addressee fails to respond to the notice, or if he refuses to open the letter or parcel, the same will be treated as undeliverable and disposed of in accordance with the Postal Regulations. Art. 306. Parcels forwarded to destination for entry.— Parcels containing articles of a fragile nature, which, in the opinion of the collector, can not be examined at the exchange office of receipt without injury, and articles valued at more than $100, when addressed for delivery at a port of entry, may be forwarded to the postmaster at such place. All such parcels shall be stamped “ Sup- posed liable to customs duty,” and a notice thereof im- mediately mailed by the customs officer at the exchange office of receipt to the customs officer at the place of destination. Upon their arrival at destination they will be examined and mail entries issued or formal entry required, as the case may be. Art. 307. Unsealed parcels distributed by railway post offices—Unsealed parcels from Canada, Mexico, and Cuba, and those received directly from sea post offices are segregated by the railway postal clerks, and the sup- posed dutiable parcels placed in sacks or packages, which are closed, marked “Supposed liable to customs duty,” and forwarded to the post office nearest the end of their run at which there is a customs officer. The postmaster at such office will submit the sacks or packages to the customs officer for examination. Art. 308. Foreign sealed sacks.—All foreign sealed sacks or packets made up abroad or in sea post offices and 171 T. D. 31466. T. D. 29200. 172 T. Ds. 30915 34580, p. 079). T. D. 33024, IMPORTATIONS BY MAIL, addressed to a United States post office are forwarded intact to their destination, where examination will be made by customs officers. Art. 309. Articles mailed on United States naval vessels.— Letters or parcels mailed on naval vessels of the United States containing articles subject to duty will be ex- amined and treated in the same manner as those arriving in the foreign mails. Art. 310. Mail entries—Customs officers will issue mail entries on Customs Form 3419 for articles subject to duty, and on Customs Form 3421 for articles subject to fine. If the letter or parcel is to be delivered at the exchange office of receipt, the entry will be attached to the letter or parcel, which will remain in the custody of the post- master for delivery. If to be forwarded to another post office for delivery, the entries will be placed in the en- velope provided therefor, the string passed through the eyelet and securely attached to the letter or parcel, and remain in the custody of the postmaster to be forwarded to the postmaster of the office of delivery. Postmasters will collect the duty or fine, and deliver the parcels, and forward the duties or fines daily with the mail entries to the customs officer who issued the entries. Customs offi- cers at exchange offices will receipt for such duties or fines on Customs Form 3487, to be made out by the post- master in triplicate at naval office posts and in duplicate at other ports. Where several parcels are received in the same mail to the same addressee, and the aggregate value does not exceed $100, one mail entry may be issued covering all of the parcels; in which event a label, Customs Form 3435, will be attached to each of the parcels not accom- panied by the mail entry, notifying the postmaster that the duty statement will be found attached to one of the parcels. Art. 311. Liquidation—Mail entries on Customs Form 8419 will be formally liquidated, and the date of liquida- tion stamped thereon. A carbon copy of the-consolidated statement on Customs Form 5043 covering such entries will be posted as the notice of liquidation. All entries liquidated during any month may be stamped as liqui- dated on the last day of that month, and at the same time the copy of Customs Form 5043, similarly stamped, should be posted. IMPORTATIONS BY MAIL, Art. 312. Cancellation—Mail entries shall not be can- celed, except by authority of the Secretary of the Treas- ury. When, for any reason, the duty or fine assessed can not be collected, the collector at the port at which the entry was issued shall forward the entry to the depart- ment and request authority to cancel the same, giving his reasons for such request. At nonnaval office ports a copy of the letter of authority should be forwarded with the entry to the Auditor for the Treasury Depart- ment. Applications for the cancellation of mail entries should be made monthly, covering all of such entries in the month. 173 (T. D. 81791, a) Art. 313. Formal entries—-Formal entries will be re- de quired for any parcel imported through the mails not subject to a fine when the value of the contents thereof exceeds $100. When the appraised value of a parcel-post package exceeds the value stated in the customs declaration by more than 25 per cent formal entry should be required, unless the collector shall be of the opinion that the un- dervaluation is a fraudulent one, in which case seizure should be made for violation of section ITI, paragraph H, of the act of October 3, 1913. When several parcels from one sender to one addressee arrive in the same mail, and their aggregate value ex- ceeds $100, formal entry will be required. Importations through the mails which have been for- mally entered without deposit of estimated duties may, after the entries have been liquidated, be forwarded by mail to destination, accompanied by the entries, the liqui- dated duties to be collected by the postmaster and for- warded to the collector at the port of entry, unless the addressee or his agent elects to pay the duties and take delivery at the port of entry. Art. 314. Fines and duties collected—How accounted for.— Fines and duties collected on mail importations shall be reported on Customs Form 50438. Deputy collectors in charge, at ports of entry will ac- par. 13, count for such collections to the headquarters port, as in the case of other collections. The mail entries and sched- ules will be forwarded to headquarters daily or weekly, except that where the volume of business is small, re- turns may be made monthly. Art. 315. Fines collected can not be refunded.—Customs ,, fines collected and deposited can not be refunded. If the T. Ds. 29826, 33557, a eee Atty. 174 T. Ds. (34580, p. 1080), 34827. T. D. 33557, par. 13. T. D. 31791, ie Bs T. D. 30915. IMPORTATIONS BY MAIL, addressee be dissatisfied with the amount of the fine, he should, before payment of the fine, so notify the post- master in writing stating his objection. The postmaster will hold the parcel, and forward such objection to the collector of customs for consideration. If the collector is satisfied that the objection is well taken, he may amend the entry accordingly. Art. 316. Failure of postmaster to make prompt return of customs collections.—Postmasters who fail to-make returns of customs collections within 30 days from the date of issuance of a mail entry will be notified by the collector of customs on Customs Form 3439 within 30 days thereafter, and if the duties or fines covered by such entries be not received within 15 days after mailing said notice,the facts will be reported to the chief post-office inspector, Post Office Department, Washington, D. C., for investigation and report. The report to the chief post-office inspector shall show the country of origin, registered or unregis- tered, and whether received under the Universal Postal, the Postal, or Parcel Post conventions, or domestic regula- tions. The deputy collector in charge at ports of entry will report to the collector at headquarters port the failure of postmasters to make return of customs collections within 30 days after issuance of mail entries. Art. 317. Importations—Value less than $1.—Letters and parcels containing articles of a value less than $1 or on which the duty or fine is less than 25 cents, apparently intended as gifts or presents, may be passed free of duty. A duty or fine will be imposed, however, on all letters or parcels containing articles valued at less than $1 pur- chased abroad by the addressee, whether intended for sale or other purpose, or containing articles believed to have been so forwarded for the purpose of evading pay- ment of duty. Art. 318. Rewrapping parcels—Customs officers shall carefully repack articles after examination. If it shall be shown that an article has sustained damage as the re- sult of careless or improper repacking, the employee who repacked the same will be held responsible for the dam- age. All original wrappers, labels, tags, customs decla- rations, and other articles contained in the package when opened will be repacked therein. Art. 319. Redirected letters and parcels—When a sup- posed dutiable letter or sealed parcel is redirected from IMPORTATIONS BY MAIL. one post office to another, if bearing label Customs Form 3425, the postmaster will notify the collector of customs at the port where labeled, and if bearing label Customs Form 3427, will notify the Auditor for the Treasury De- partment, stating the date of forwarding, thé name of the addressee, and the post office to which forwarded. Art. 320. Articles conditionally free—When the apprais- ing officer’s return shall indicate that the contents of a parcel may be conditionally free of duty under para- graphs 404, 425, 427, 578, 611, 653, 654, and 655 of the tariff act of October 3, 1913, they will be described in the mail entry so as to indicate their character, and for- warded to the postmaster for delivery, accompanied by the appropriate blank form of affidavit for free entry, and a notice on Customs Form 3483. When institutions file evidence to show that they are entitled to import books, music, scientific apparatus, and similar articles free of duty the names of such institu- tions may be placed on a “ free list,” to be kept by col- lectors for that purpose. Mail importations containing such articles will be passed free of duty without requir- ing an affidavit to be filed in each case, provided the par- cels are addressed directly to such institution. Art. 321. Letters and parcels for diplomatic officers —Let ters and parcels, sealed and unsealed, addressed to am- bassadors, ministers, chargé d’affaires representing for- eign Governments, secretaries and attachés of the em- bassies and legations at Washington (or at places other than Washington, where ambassadors or ministers may be temporarily located) will be delivered to the addressees by the postmasters without submission to or the inter- vention of customs officers. If a letter or parcel so ad- dressed -be received by a customs officer it will be imme- diately returned to the postmaster for delivery without examination or the issuarice of a mail entry. Art. 322. Diplomatic or official pouches.—It is not per- missible to place dutiable or prohibited articles, sealed or unsealed, in so-called “diplomatic pouches,” going di- rectly to the Department of State. Such articles found therein are subject to the customs laws and regulations. Art. 323. Letters and sealed parcels for foreign consular officers and United States Government officials—When from a casual examination letters and sealed parcels addressed to consular officers, which bear the seal of a foreign Government or which are inclosed in its official envelope, 175 T. D. 33769. 176 Art.. 5, Uni versal Posta Convention May 26, 1906. Act Aug. 28 1894, sec. 2 IMPORTATIONS BY MAIL, are believed to contain only official documents, they will be immediately forwarded to the addressee. If such let- ters or sealed parcels have the appearance of containing merchandise, they will be stamped or labeled “ Supposed liable to customs duty,” as in the case of other sealed parcels. Letters and sealed parcels addressed to officials of the United States Government shall be treated in the same manner. Art. 324. Articles for copyright.—Articles marked for copyright, addressed to the Librarian of Congress, to the Copyright Office, or to the Register of Copyrights, Washington, D. C., may be passed free of duty, and promptly forwarded to destination, provided there is no attempted violation of the revenue laws. , Art. 325. Samples.—Parcels containing samples of mer- »chandise of no commercial value may be imported in the ordinary mails under the following conditions: They must not exceed 12 ounces in weight, 12 inches in length, 8 inches in breadth, and 4 inches in depth; or, if in the form of a roll, 12 inches in length and 6 inches in diameter. Such parcels containing samples having a commercial or salable value will be treated as other par- cels containing dutiable articles. Packages containing commercial papers and prints must not exceed 4 pounds in weight. ¢: Art. 326. Cigars and cigarettes—Mail entries on Cus- act Oct. 3 toms Form 3421 will be issued for all importations by par. C. T. D. 34333. mail containing less than 3,000 cigars, cigarettes, or cheroots in a single parcel, except those manufactured in the Philippine Islands and shipped direct from those islands, which latter will be delivered free of customs charges. Mail parcels containing less than 3,000 cigars, ciga- rettes, or cheroots, addressed for delivery in the Philip- pine Islands, Guam, Samoa, and the Panama Canal Zone, passing through this country, will not be seized, pro- vided they are not at any time while in this country removed from the custody of the postal officials. Art. 327. Undeliverable letters and parcels——If the ad- dressee of a letter or parcel, sealed or unsealed, declines to pay the duty or fine imposed, it will be treated as undeliverable. Mail entries covering undeliverable letters or parcels will be returned by the postmaster to the collector of IMPORTATIONS BY MAIL. customs by whom they were issued with a notation show- ing the disposition of the letter or parcel. Unsealed parcels, which have been refused by the ad- dressee, may be returned by the postmaster to the country of origin at the request of the addressee upon prepay- ment of the postage, except as follows: Undelivered letters or parcels, the contents of which are liable to deterioration or corruption, may be de- stroyed by the postal officials if of no commercial value. If having commercial value, and subject to duty, they will be returned by the postal officials to the customs officers for disposition as unclaimed or seized articles. When forwarded under the Postal Regulations to the Dead Letter Office at Washington, D. C., such parcels containing articles having a commercial value will be turned over to the customs officers at Washington, instead of being returned to the customs officer who issued the entry. Art. 328. Examination of newspapers by customs officers.— Postmasters at offices where foreign mail is segregated will permit customs officers to examine newspapers re- ceived in the mails from foreign countries whenever deemed necessary by said officers, and at least once a month. Art. 329. Letters and parcels smuggled and placed in the domestic mails——When a customs officer can establish to the satisfaction of a postmaster or a clerk in charge of a railway post office that a letter or parcel containing duti- able articles has been smuggled into the United States and placed in the mails it shall be the duty of the said postmaster or railway postal clerk in charge to attach the “ Supposed liable to customs duty.” label to such letter or parcel, and, in addition, to write or stamp the word “Smuggled” thereon. The letter or parcel will then be forwarded to the office of delivery, where the postmaster will notify the addressee to appear, receipt therefor as in the case of a registered parcel, and open the same if sealed. When the letter or sealed parcel has been opened it shall be delivered into the custody of the nearest cus- toms officer. Unsealed parcels will be delivered into the custody of the customs officer, who will also notify the addressees that the parcels have been seized and the reasons therefor. 3130°—15——12 177 T. D. 26904, 178 T. D. 31754. IMPORTATIONS BY MAIL. Customs officers will be governed by the customs laws and regulations in relation to the seizure and forfeiture of smuggled articles in disposing of such letters or parcels delivered or forwarded to them. Art. 330. Prohibited importations under copyright act.— Letters and parcels, sealed or unsealed, which upon examination are found to contain articles prohibited im- portation by the copyright act, shall be retained by cus- toms officers, who will notify the addressee thereof. If an application is not made within a reasonable time to the Secretary of the Treasury through the collector of customs for permission to return such articles to the coun- try from which imported, the articles will be forfeited in the manner prescribed by these regulations. Sealed letters or parcels supposed to contain matter prohibited importation by the copyright act will be ap- propriately marked to indicate that fact at the exchange office of receipt. Such letters or parcels will be opened and examined in the same manner as those marked “ Sup- posed liable to customs duty.” A receipt should be given the postmaster for articles submitted to customs officers as prohibited from im- portation by the copyright law. Notice of actual or contemplated importations through the mails of articles in violation of the copyright law should be given to the Secretary of the Treasury or the Postmaster General. On receipt of such notices, either by the Secretary of.the Treasury or the Postmaster Gen- eral, instructions will be promptly issued. (See Art. 458 et seq.) Art. 331. Prohibited importations under postal and cus- toms laws and regulations.—Articles which under the pos- tal regulations are inadmissible to the domestic mails are prohibited from importation through the mails. All articles which are prohibited by law or the customs regulations from importation into the United States, and nursery stock (i. e., all plants and plant products for propagation, including seeds, except field, vegetable, and flower seeds) are similarly prohibited from importation through the mails, and all the provisions of the customs laws and regulations relative to the marking of imported merchandise, and to the admission of merchandise only upon a compliance with conditions prescribed by the cus- toms regulations, are equally applicable to importations through the mail. CHAPTER VII. CONDITIONALLY FREE ENTRIES, DOMESTIC PRODUCTS EXPORTED AND RE- TURNED. Art. 332. Articles included. 3833. Requirements on entry. 334. Waiver of certificate of exporta- tion. 335. Internal-revenue tax—Drawback. 836. Articles retained on export ves- sel. 337. Bags. 338. Internal-revenue marks—Erasure. 3839. Liquors—Certificate of condition. 340. Shooks and staves—Consular ac- count. 841. Affidavit of foreign exporter. 342, Shipment from different consular districts. 843. Drums used in the shipment of acids and chemicals. 344. Cloth boards. 345. Articles exported for repairs. HOUSEHOLD EFFECTS. 846. Definition of. 347. Declaration—Invoice, 348. Accompanying passenger. 349. Use abroad. 350. Effects of citizens dying abroad. 351. Refunds on household and per- sonal effects. PASSENGERS’ BAGGAGE. 352. Persons arriving from foreign countries. 353. Residence. 354. Nonresidents. 355. Returning residents. 356. Each member of family entitled to exemption. 357. Preparation of declarations and entries. 858. Declaration and entry. Art. 359. 360. 361. Steerage baggage. Procedure on dock. Cigars and _ cigarettes—Spirits and wines—Tea. Sealskin garments. Examination and collection of du- ties. Statements and deposit of collec- tions. Protest not required for refund on passengers’ baggage. Reexamination—Reappraisement. Naval vessels. Unclaimed and unaccompanied baggage. Registration. Shipment to port of delivery. Shipment in transit to foreign countries, Examination abroad. Uninspected baggage from con- tiguous territory. Domestic baggage through con- tiguous foreign territory. Coastwise baggage via foreign ports. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371. 872. 373. 374. 375. DIPLOMATIC AND CONSULAR OFFICERS. S76. Baggage. 877. Imported articles. ARBTIOLES FREE UNDER SIX MONTHS’ BOND. 878. Articles exempt from duty. 879. Entry—Bond. : 880. Animals for breeding—Exhibi- tion—Competition. 881. Theatrical effects. 382. Articles brought by professional artists, lecturers, or scientists. 179 180 Art. 383. CONDITIONALLY Machinery—Articles for repairs— Molders’ patterns— Models — Samples, etc, 384, Exportation. 385. Extension and cancellation of special bonds. ARTICLES FOR INSTITUTIONS. 386. Books — Maps — Musie — Photo- graphs — Etchings — Litho- graphic prints—Charts—Philo- sophical and scientific instru- ments and apparatus. Regalia and gems—Regalia de- fined. 388. Requirements on entry. . Character of institution—Special importations for. Affidavit of dealer or agent—Cer- tificate of delivery—Stipulation. Serial publications—List of books. Articles for the United States. Statuary and casts of sculpture. 387. 390. 391 392. 393. WORKS OF ART, . 394. Original paintings, engravings, drawings, sculpture, etc. Artistic antiquities. Articles for exhibition. Transfer for exhibition. 398. Examination—Breach of bond. 399. Presentation to institutions. . Works of American artists. 395. 896. 397. OILs, 401. 402. Denaturing. Delivery. BOLTING AND PRESS CLOTHS. 403. Marking. MATERIALS FOR CONSTRUCTION AND RE- PAIR OF VESSELS—OUTFIT AND EQUIP- MENT. 404. 405. 406. 407. Vessels entitled to privilege. Definition of terms. Procedure on entry. Evidence for cancellation bonds. Inspection of vessels. Disposition of unused portion of. jmportation. of 408. 409. 425. Immigrants’ FREE ENTRIES. Art. WITHDRAWAL OF SUPPLIES FOR MER- CHANT VESSELS OF THE UNITED STATES. 410. 411. 412. 413. 414, Form of withdrawal. Bond. Delivery permit—Lading. Intermediate ports. Cancellation of bond. WITHDRAWAL OF SUPPLIES FOR FOREIGN VESSELS OF WAR. 415. Countries accorded privilege. DINING-CAR SUPPLIES ON INTERNATIONAL TRAINS. 416. Not to be used in United States. ARTICLES EXPORTED FOR EXHIBITION. 417. Articles entitled to privilege. 418. Requirements on entry. 419. Evidence of exportation. 420. Internal-revenue tax—Drawback. AUTOMOBILES—TEAMS AND OTHER VEHICLES—LOCOMOTIVES, 421. Automobiles and other vehicles for touring. : 422. Automobiles brought in for tem- porary stay. 423, Foreign-owned teams and other vehicles. 424, American-owned automobiles, teams and other vehicles, teams—A fidavit— Use. 426. Locomotives—When quired. entry re- THEATRICAL EFFECTS — MOVING-PICTURE FILMS—COMMERCIAL TRAVELERS’ SAM- PLES. 427, Exportation and return. 428. Samples to United Kingdom of Great Britain and Ireland un- der reciprocal agreement. SAMPLES OF NO COMMERCIAL VALUE. 429. When exempt from duty. 430. Examination and record in ap- praiser’s stores—Reports. CONDITIONALLY ANIMALS—-PURE BRED—STRAYING—WILD, Art. 431. Pure bred—Citizenship of impor- ter—Use, 432, Affidavit—Certificate. 433. Bond for production of evidence— stipulation. 434. Straying or driven across bound- ild animals—Zoological collec- tions. FREE ENTRIES. 181 PRODUCTS OF AMERICAN FISHERIES. Art. 436. American fishery defined—Char- acter of products. 437, Affidavit—Manifest. GRAIN FROM CANADA TO BE GROUND AND RETURNED. 438. When exempt. 439. Bond. 440. Citizenship — Accounts — Sworn statements. 441. Exportation—Mixing, ary for pasturage—Offspring. c wn °" DOMESTIC PRODUCTS EXPORTED AND RETURNED. Art, 332. Articles included.—The articles enumerated in paragraph 404 of the act of October 3, 1913, are entitled to free entry upon production of evidence of identity in accordance with these regulations, provided internal revenue tax was not remitted or drawback allowed on exportation, or that exportation was not made from bonded manufacturing warehouse. Art. 333. Requirements on entry.—The following docu- me ments shall be filed on entry or bonds given for the pro- duction thereof: Act Oct. 3, 1913, par. 404. ‘E, p. 32986. T. Ds. 32254, 50. T. Ds. 17476 (a) A declaration of the foreign shipper before the 21345°"35337,” American consular officer on Consular Form 129, if the value is more than $100, which will be accepted in lieu of a consular invoice. (6) A declaration of the owner, importer, consignee or agent on Customs Form 3311. (c) A certificate (Customs Form 4467) of the collector of customs at the port from which the merchandise was exported from the United States, which will be issued on application of the importer or collector, and be mailed direct to the port at which it is to be used, and its issu- ance noted on the export manifest. If exported from a port at which the entry is made, exportation must appear upon the records of the customhouse. If the value exceeds $100, and the appraising officer’s report does not affirmatively show that the merchandise is of domestic manufacture or production, the collector may require the importer to furnish within three months after the date of the demand therefor, in addition to the ‘declaration filed on entry, an affidavit (Customs Form T. Ds. 30510, 31258, 35337. T. D. 32388, 182 CONDITIONALLY FREE ENTRIES, 3311) of the owner or ultimate consignee, or other evi- dence to identify the returned merchandise as of Ameri- can manufacture or production. sig ae Art. 334, Waiver of certificate of exportation—The col- lector may waive the production of a certificate of ex- portation or cancel the bond given therefor when satisfied from an examination that the goods are in fact of do- mestic origin, and it appears from an affidavit of the importer, consignee, or agent that it is impracticable to obtain such certificate because the goods were exportéd : in small lots at different times, or for any other gooc. reason. The production of a certificate of exportation should not be waived unless the collector is satisfied that no drawback was paid upon the exportation of the mer- chandise. The bond for the production of the certificate of ex- portation shall be on Customs Form 3397. T. Ds. 18425, The production of certificates of exportation of bags, =enee casks, barrels, carboys, and other vessels, coverings, and containers will not be waived. jets tee Art. 335. Internal-revenue tax—Drawback.—Articles on and sec. IV, which internal-revenue tax was remitted or refunded by erat way of drawback on exportation will be subject to duty, upon return, equal to the tax imposed by the internal- T. D, 34409. revenue laws. Articles manufactured in bonded ware- house and exported pursuant to law will be subject to duty as foreign merchandise if reimported. Manufac- tured tobacco exported without payment of internal-rev- enue tax will be retained in the custody of the collector until internal-revenue stamps in payment of the duties shall be placed thereon. T.Ds, 31100, Articles which have been manufactured in the United States and exported with an allowance of drawback will be liable to a duty equal to the drawback allowed on exportation. Art. 336. Articles retained on export vessel.—If articles of domestic production are returned in the same vessel without having been unladen, a certificate from the mas- ter of the vessel showing such fact may be accepted in lieu of the declaration of the foreign shipper, Consular Form 129. TDs. 18425, Art. 337. Bags.—Domestic bags are free of duty only 21585, 31100. hen imported by the exporter thereof. The quantity, CONDITIONALLY FREE ENTRIES. 183 marks, and numbers of such bags will be indorsed on the outward manifest against the manifested quantity. A declaration on Customs Form 3313 will be required on the entry. Bags of American or foreign manufacture constitut- ing part of a vessel’s equipment may be retained on board or landed temporarily and reladen under customs supervision without the payment of duty. Art. 338. Internal-revenue marks — Erasure. — Internal- - reventte brands or marks on casks or other vessels or containers must be erased at the importer’s expense under customs supervision before delivery from customs custody. Art. 389. Liquors—Certificate of condition—The ship- (ee ee ment abroad of distilled spirits in bond with the inten- tion of returning such spirits to the United States is not an exportation and their return is not a reimportation within the meaning of the statute. In order that domestic liquors shall be entered on their ,,7,Ds. 21788, return at a duty equal to the internal-revenue tax, an authenticated certificate from the foreign shipper must be produced on entry, stating that the merchandise is returned to the United States in the same condition in which it was received at the foreign port. If such certificate can not be produced on entry a bond may be taken for its subsequent production in a penal sum equal to double the duty on foreign merchandise of the same class. Upon the entry of domestic spirits exported and returned, a declaration will be required on Customs Form 8315. Art. 340. Shooks and staves—Consular account.—A. debit and credit account is kept by American consular officers of shooks and staves of American manufacture imported into and exported ‘from their districts. ‘In order that consular officers may be informed of the ce mei in exportation of shooks and staves, collectors of customs sore £8 paneo, shall forward to the American consul for the district to 33323: which such articles are exported a certificate of exporta- tion on Customs Form 4467, which shall show, in addi- tion to the information usually stated in such certificates, the number of bundles exported, the number of shooks of each size, and the number of superficial feet. 184 CONDITIONALLY FREE ENTRIES. Exporters shall file with the collectors of customs at least six hours before exportation a notice of intent to export, which shall be in the following form: Notice of intent to export American shooks or staves, No. Port of , 19—. ViuaibiancotBundied |” wrateyssateocen riche tats Marks and Where umber of bundles | __ or staves of eac! otal number . of shooks or length con-| ofsuperficial numbers. deposited. staves. tained in each ‘ect. undle. The merchandise contained herein is to be laden on the scheduled to sail on the , 19—, for exportation to , Exporter or Agent. Upon receipt of such notice of intent the collector of customs at the port of exportation shall designate a cus- toms officer to examine and verify the shipment and re- port by indorsement upon notice of intent as follows: Inspector's Certificate. Port or ———, , 19—. I certify that I have inspected the packages, bearing the marks and numbers as described in the annexed notice of intent, and that they were actually laden for export under my supervision on board the S. S. , except as noted hereon. Inspector. A certificate of exportation, describing the shooks in the manner set forth in the notice of intent to export, will be issued by collectors from the manifests of the ex- porting vessel, and the return of the lading inspector. The debit and credit account kept by consular officers shall show the number of shooks of each size, the num- ber of superficial feet, and the number of boxes or packages to be made therefrom. Art. 341. Affidavit of foreign exporter—Foreign shippers desiring to export boxes or barrels alleged to have been made from American shooks shall produce to the consu- lar officer an affidavit of the box maker showing the number of boxes or barrels, the dimensions of each, the number of shooks of each length, the number of super- CONDITIONALLY FREE ENTRIES. ficial feet used and that the boxes or packages have been made from American shooks. This certificate shall be filed in the American consulate as a basis for the issuance of the shook certificate to the shipper. An affidavit of the foreign shipper in the following form must also be filed with the consul: Affidavit of Foreign Shipper. I, , of , do hereby declare under oath, that, to the best of my knowledge and belief, the boxes and (or) barrels mentioned in the annexed invoice are made wholly of shooks (or staves) of the manufacture of the United States, as stated in the accompanying affidavit of , box maker; that they were exported from » per , on the . and that it is my intention to reship the same filled with — to the port of , in the United States, on board , DOW lying in the port of Dated at . this day of . 19—. AFFIDAVIT OF BOX MAKER. i » of , do hereby declare under oath that the following boxes and (or) barrels mentioned in the annexed statement have been made by me wholly from shooks (or staves) of the manufacture of the United States: Number of Number of shooks or staves | Number of superficial feet used. hoa Dimensions. | “ used and length thereof. Dated at , this day of , 19—. The consul, after verification of the statements of the box maker and foreign shipper from the records of his office, will issue a certificate substantially in the following form: Certificate of consul. I, , American consul at . do hereby certify that the affidavits of the shipper and box maker required by the Customs Regulations have been filed with me to show that the 185 186 CONDITIONALLY FREE ENTRIES. boxes or barrels described in the attached invoice were manufac- tured from shooks exported from the port of on the S. 8. , which sailed on , 19—, and that according to such affidavits and the records of this consulate such boxes or barrels were made from the shooks or staves covered by a certifi- cate of exportation issued by the collector of customs at the port of on , 19—. In testimony whereof I have hereunto subscribed my name and affixed the seal of my office at this day of , 19—. [SEAL. ] Ss Importations exceeding $100 in value unaccompanied by a shook certificate may be admitted to free entry upon a bond (Customs Form 3375) being given for the pro- duction of such certificate. No separate bond will be required for the production of a shook certificate if bond T. D. 34650. be given for the production of a certified invoice. If claim is made by the importer at time of entry that an importation consists of American shooks the production of shook certificates may be accepted any time prior to liquidation of the entry. aauap™ 23328, The term shook does not include lumber which must be cut into various sizes abroad for the construction of boxes or packages, but contemplates the exportation of the shooks from this country in complete form ready to be assembled abroad into boxes. Shooks may be ex- ported in double lengths and cut abroad, but the number of boxes which may be returned to this country free of duty can not exceed the number of sets of shooks exported. Art. 342. Shipment from different consular districts— Whenever shipments of boxes or barrels are made from a consular district other than that into which the shooks were imported consuls shall require the production from the consul in the district of importation of a certificate of exportation, or a verified extract therefrom, with a statement as to the number of shocks or staves covered thereby and the superficial feet therein for which no consular certificate has been issued. Act Oct. 3, Art, 343. Drums used in the shipment of acids and chemi- 1913, par. 404. i cals.—Iron or steel drums of domestic manufacture ex- ported and returned should be entered under the general regulations for domestic products. aang egngte# The regulations contained in articles 340 to 342, inclu- ; " sive, will, as far as applicable, govern the exportation of CONDITIONALLY FREE ENTRIES. iron or steel drums of foreign manufacture which were used upon importation or are used upon exportation as containers of acids or other chemicals. The certificate of exportation issued by the collector shall be in the following form: Certificate of exportation of iron or steel drums. UNITED States Customs SERVICE, Port of . This is to certify that there appears on the outward foreign manifest filed under sections 4197-4199, Revised Statutes, on the clearance from this port of the S. 8S. on the day of , 191—, to be landed at , the following-described iron or steel drums of foreign manufacture used in the shipment of acids or other chemicals: : Number Marks. Numbers. of drums. Given under my hand and seal this ———— day of . 191—. , [SEAL] Deputy Collector. A foreign shipper desiring to return such drums to this country will be required to make an affidavit sub- stantially in the following form before the American consul at the place of shipment: I, » of , do solemnly swear that, to the best of my knowledge and belief, the iron or steel drums men- tioned in the annexed invoice are of the manufacture of 3 and were exported from the United States at the port of per S. S. , on the day of , 19—, and it is my intention to reship the same filled with (name of acid or chemical) to the port of , on board the S8. S. , from the port of ,» which will sail on or about day of , 19—. ; Subscribed and sworn to before me this day of , 19—. : i ? Shipper. Upon verifying the statement contained in such affi- davit from the records of his office the consul will issue a certificate substantially in the following form: I, , consul of the United States, do hereby certify that the facts set forth in the attached affidavit are in accordance 187 188 T. D, 28043. Act oe or 192801 par. Da 3890, 35096, “35 330. CONDITIONALLY FREE ENTRIES. with the records of this consulate, and are in my opinion entitled to full faith and credit. In testimony whereof I have hereunto subscribed my name and affixed the seal of my office at , this day of 5 19—. The affidavit to be filed on entry shall be substantially in the following form: I, , do solemnly swear that I am the consignee of the merchandise described in the attached entry and invoice; that the iron and steel drums included in said entry are of the manufacture of ; that the same have been previously im- ported into the United States and the duties thereon paid, and were exported from the port of , per S. 8S. , on or about , and the same are now used (or are intended for use) in the shipment of acids or other chemicals. Such drums should be permanently and indellibly marked by means of a plate or a steel die, for the pur- pose of identification. Art. 344. Cloth boards~—American consuls will keep a record of cloth boards exported to be wrapped with foreign textiles and returned similar to the record kept for shooks and staves. If such boards have been ad- vanced in value or improved in condition while abroad such fact will be noted on the certificates issued therefor, in order that free entry may be deneid on reimportation. Art. 345. Articles exported for repairs.—Articles of either foreign or domestic origin which are capable of identifi- cation upon return may be sent abroad for repairs and admitted upon the payment of duty on the value of the repairs only, provided the importer has complied with the following regulations: Prior to the exportation of such articles an affidavit and application, on Customs Form 4451, shall be filed with the collector of customs a sufficient time before the departure of the exporting conveyance to permit of the examination of the articles. The owner or exporter will be notified, on Customs Form 4453, to deliver, at his own expense, the articles to the place designated by the collector for examination, and shall also pay all expense in connection with the cording, sealing, and transfer of the articles to the ex- porting vessel or conveyance. At the time of examination the articles will be marked, stamped, or tagged, if the same can be done without in- CONDITIONALLY FREE ENTRIES, jury, in such manner as to readily secure their identifica- tion upon return to the United States. Photographs or other means of identification will be furnished apprais- ing officers when required. Upon the receipt of the re- ports of the appraiser and inspector, showing the exami- nation of the articles and their lading on the exporting conveyance, the collector will issue to the exporter a cer- tificate of registration on Customs Form 4449. Upon return of the articles exported for repairs ex- ceeding $100 in value there shall be filed with the entry a certified consular invoice, separately showing the value of the articles in their repaired condition and the cost or value of the repairs, or a bond given for its production, together with the certificate of registration and a declara- tion made by the consignee, owner, or agent having knowledge of the fact that the articles entered are the identical articles covered by the certificate of registra- tion, and that the value or cost of repairs is correctly stated in the entry. When the value of the returned arti- cles, including the repairs, is less than $100, a bill or statement showing separately the value of the articles in their repaired condition and the cost or value of the re- pairs may be accepted in lieu of a certified consular invoice. Collectors will require at the time of entry a deposit of estimated duties, based upon the value of the repairs, and will order all packages containing such articles to the appraiser’s stores, when necessary, for identification of the articles and appraisement of the value of the re- pairs. If the articles can not be identified from the in- voice description and an examination, with the articles exported, the appraiser will so report, and duties will be liquidated upon the entire value of the articles in their condition as imported. HOUSEHOLD EFFECTS. 189 Article 346. Definition of—The free entry of household ,,7, 0s 22116, effects is limited to such as are similar to books, libraries, furniture, carpets, paintings, tableware, and other usual household furnishings. Automobiles, horses, carriages, sleighs, boats, and similar articles, and wines, provisions, and other consumable supplies do not constitute house- hold effects within the meaning of the tariff act. 190 Act Oct. 3, 1913, par. 428. T. Ds. 21605, Abst. 9258. ) Act Oct. 3, 1pAes par. 571. T. Ds. 22622, 31003, 32713. CONDITIONALLY FREE ENTRIES. Articles used abroad in business pursuits, such as type- writers, office safes and office furniture, are not entitled tc free entry as household effects. Art. 347. Declaration—Invoice——Books, libraries, usual and reasonable furniture and similar household effects of persons or families from foreign countries, if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale, are exempt from duty. A declaration on Customs Form 3301 shall be made by the owner. If it is impracticable to produce such declaration at the time of entry, the consignee may make declaration on Customs Form 3303, and give bond on Customs Form 8375 for the production of the owner’s declaration within one year. A consular invoice will be required for household effects exceeding $100 in value not accompanying the owner at the time of importation. Art. 348. Accompanying passenger. —Household effects entitled to free entry accompanying the passenger may be examined and passed, when practicable, without formal entry. Declaration on Customs Form 3301 will be re- quired. Art. 349. Use abroad—Use abroad for one year must be -proven to the satisfaction of the collector, who may, in -his discretion, require evidence in addition to the oath or declaration of the applicant. Storage of household goods abroad does not constitute use within the meaning of the tariff act. The year of use need not immediately precede the time of importation, nor need it be continuous. The provision of law admitting household effects of persons or families from foreign countries is applicable alike to citizens of the United States and to foreigners. Household effects used abroad not less than one year in a family of which the importer was a member are free of duty, although the importer did not own the said effects at the time of use. Art. 350. Effects of citizens dying abroad.—Effects of. citizens of the United States who have died abroad may be admitted free of duty without regard to the length of time they have been used abroad. Art. 351. Refunds on household and personal effects.— Duties paid in error on household and personal effects CONDITIONALLY FREE ENTRIES. may be refunded without protest at any time within one year after entry. PASSENGERS’ BAGGAGE, Art. 352. Persons arriving from foreign countries.—Per- sons arriving from foreign countries are divided into two classes for customs purposes—first, residents of the United States returning from abroad, and, second, all other persons. Art. 353. Residence.—The residence of a wife follows that of her husband, and the residence of a minor child follows that of its parents. Citizens of the United States, or persons who have formerly resided in the United States, shall be deemed to be residents thereof returning from abroad, within the meaning of the tariff act, unless satisfactory evidence is presented that they had given up their place of abode in this country and acquired an actual fixed place of abode in a foreign country. Art. 354, Nonresidents.—All persons not residents of the ,..7 United States returning from abroad will be treated for customs purposes as nonresidents, and are entitled to bring in free of duty all wearing apparel, articles of per- sonal adornment, toilet articles, and similar personal effects, without limitation as to value, which were actu- ally owned by them and in their possession abroad at the time of or prior to their departure from a foreign coun- try which are necessary and proper for their wear and use, provided they are not intended for other persons or for sale. Art. 355. Returning residents.—Residents of the United States returning from abroad may bring in free of duty: (a) Articles up to but not exceeding $100 in value ac- quired abroad for personal or household use, or as sou- venirs or curios, if not intended for sale or purchased on commissions for other persons. Such articles purchased or agreed to be purchased abroad by returning residents may be admitted free notwithstanding they do not ac- - company the passenger. (6) All wearing apparel, personal and household ef- fects, and articles for personal use taken abroad by them, if not advanced in value or improved in condition while abroad. If such effects or articles be advanced in value or improved in condition while abroad by reason of re- 191 T. Ds. 30270, 33995, 34534. T. Ds.31185, 94, T. Ds. 34282, 34486, 35296. 192 T. Ds, 33995, 34282, 34512. 280i, 082" S., 2799, 2802, aon Ds. 30497, tauoe 33995. 31791, CONDITIONALLY FREE ENTRIES. pairs or cleaning further than that necessarily incident to their wear and use while abroad, or by remodeling or alterations, the cost of value of such repairs, cleaning, re- modeling, or alterations is subject to duty,and must be declared. Such cost or value may, however, be included within the $100 exemption. Art. 356. Each member of family entitled to exemption.— Each member of the family is entitled to the exemption of $100 for articles purchased abroad of the character described in paragraph 642 of the tariff act of October 3, 1913. When a husband and wife and minor and depend- ent children are traveling together the articles included within such exemption may be grouped and allowance made without regard to which member they belong. Art. 357. Preparation of declarations and entries.—Forms of baggage declaration and entry, Customs Form 6063, will be furnished by collectors to steamship companies for use on steamships carrying first and second class pas- sengers. Copies of notice to passengers, Customs Form 6061, will also be furnished for distribution on outgoing and incoming steamers. Passengers should prepare and sign their declarations on board steamships at least one day before arrival, and should hand them to the purser for delivery to the proper customs officer on arrival in port. Failure to declare dutiable articles contained in bag- gage subjects such articles to seizure and forfeiture. When the collector is satisfied that the failure to declare any article was not with intent to evade the payment of duty he may permit the declaration to be amended. Art. 358. Declaration and entry.—Passengers arriving "by sea will be required to make a declaration and entry on Customs Form 6063. Passengers arriving by rail from contiguous foreign territory will be required to make declaration on Customs Form 6059 if they have ac- quired abroad articles of the value of more than $25. Such declaration will be required whether the baggage is examined at frontier ports or by customs officers sta- tioned in foreign territory. The senior member of a family, if a passenger, may de- clare for the entire family, including servants traveling with them. Art. 359. Steerage baggage.—No written declaration will be required to be made by steerage passengers. They will, however, be asked before their baggage is examined CONDITIONALLY FREE ENTRIES. whether or not they have in their baggage or on their persons any articles other than personal and household effects, or any articles intended for other persons or for sale. Thereupon the same procedure will be followed as in the examination of other baggage. Residents of the United States returning from abroad as steerage passengers, and claiming an exemption from duty, will be required to make a declaration in the usual form. Art. 360. Procedure on dock.—After the baggage has been landed and declaration signed and acknowledged before a customs officer, it will be examined by a customs inspector and released upon the payment of such duties as may be found due. The examination of any baggage may be postponed and the baggage sent to the appraisers’ stores upon the request of the passenger. When all or any part of the passenger’s baggage is detained for further examination a receipt therefor will be given on Customs Form 6053. Art. 361. Cigars and cigarettes—Spirits and wines—Tea.— Fifty cigars or 300 cigarettes or 3 pounds of smoking to- bacco when brought by adult passengers, if not for sale, may be passed free of duty and internal-revenue tax. Customs inspection stamps must be affixed to each pack- age. One quart of spirits or wine or other beverages will likewise be passed free, and packages of tea not exceeding 5 pounds in weight may be delivered without examination for purity under the act of March 2, 1897. The foregoing articles will be admitted free in addition to the exemption allowed returning residents. Cigars, cigarettes, tobacco, and liquors can not be included within the $100 exemption. The above privilege of free entry is applicable only to bona fide passengers arriving in the United States from foreign countries, and should not be extended to persons who have crossed the boundary into contiguous foreign territory for the purpose of purchasing the articles, nor to persons who make frequent trips of short duration. Cigars in excess of 50 and up to 3,000, or cigarettes in excess of 300 and up to 3,000, or smoking tobacco in excess of 3 pounds, in the possession of a passenger may be delivered on payment of the internal-revenue tax and a fine equal to the duty. Packages containing such arti- 3130°—15——13 193 T. Ds. 29956, 32406, 33994. 33822, T. Ds. 29956, 33995. 194 CONDITIONALLY FREE ENTRIES. cles must be stamped with internal-revenue and customs inspection stamps. : Art. 362. Sealskin garments.—Fur-seal garments made gaiep~ 2415 from the skins of seals taken in the open water of the north Pacific Ocean are prohibited importation by the act of August 24, 1912. Sealskin garments worn by or.contained in the baggage of persons arriving in the United States will not, how- ever, be presumed to have been taken in prohibited wa- ters, and will be admitted if the collector is satisfied that the same were taken from the United States, or are being brought in for temporary use only, or were pur- chased abroad from reputable merchants, whose names and addresses shall be given and shown in the baggage declaration, in order that the origin of the skins may be traced if advisable. Art. 363. Examination and collection of duties.—Personal . or household effects not intended for sale may be ex- amined and passed on the pier regardless of their value. Articles acquired abroad by returning residents may be passed by inspectors, if valued at not more than $100, without submitting the same to the examiner. Merchan- dise—that is, articles that are not of a personal nature, or which are intended for sale, or were bought on com- missions for others—when valued at over $100 but less than $500 may be examined and appraised on the pier, if accompanied by a consular invoice. If not accom- panied by a consular invoice, regular entry at the cus- tomhouse and appraisement will be required. If the value of such merchandise exceeds $500, regular entry and appraisement must be made whether or not accom- panied by a consular invoice. Duties will be assessed on articles in passengers’ bag- gage on the actual market value of such articles, due allowance being made for depreciation through wear and use. Collectors have discretionary power to remit duties not exceeding $2 on articles in passengers’ baggage. Receipts for duties on articles in passengers’ baggage shall be given to the payor on Customs Form 4887 at naval-office ports, and at other ports on Customs Form 4835. ange s3his3® Commercial travelers’ samples imported under the re- " ciprocal agreement between this country and the United Kingdom of Great Britain and Ireland may be passed Act Aug. 24, 1912 CONDITIONALLY FREE ENTRIES. upon the dock in the same manner as passengers’ bag- gage without formal entry, provided such samples are not valued at more than $500 and are accompanied by a descriptive list certified by an American consul. The descriptive list will be attached to the declaration and the duties deposited or bond given for exportation. Customs officers will not open baggage for the purpose of examining the same. Any baggage which is not opened by the owner or his agent for examination should be treated as unclaimed. Art. 364. Statements and deposit of collections——A state- ment of such collections shall be made on Customs Form 3455. All moneys collected shall be deposited daily with the cashier, and be included in the cashier’s daily receipts. Art. 365. Protest not required for refund on passengers’ baggage.—Duties erroneously assessed on passengers’ bag- gage may be refunded at any time within one year, although no protest has been filed. Art. 366. Reexamination—Reappraisement.— Passengers dissatisfied with values placed upon dutiable articles by customs officers on the pier may demand a reexamination. Immediate application therefor should be made to the officer in charge. No request for reexamination can be entertained after the articles have been removed from customs custody. In case reappraisement by the Board of United States General Appraisers is desired, the passenger must make application therefor to the collector of customs in writ- ing within 10 days after the original appraisement. Art. 367. Naval vessels—Upon the arrival of American naval vessels the collector will communicate with the commanding officer and arrange a convenient time for the boarding thereof, and the examination and appraise- ment of articles acquired abroad by the officers and mem- bers of the crews which are intended to be landed either immediately or at some future time. At the time agreed upon the collector will detail a deputy collector and as many inspectors and examiners as may be necessary for proper and expeditious examination of the baggage. Baggage declarations will not be required to be made, but all persons on such vessels who have acquired articles while abroad which are intended to be landed from such vessels will furnish to the commanding officer a list thereof, which will separately state articles intended for personal use, or as gifts to others, and those intended 195 T. D. 34804. Act Mar. 3, 1875, sec. 1. T. D. 31514. 196 T. D. 33650. Act. Feb. 23, 887. T. D. 34405. CONDITIONALLY FREE ENTRIES. for sale or purchased on commissions for others. There- upon the same procedure will be followed as in the examination of baggage on passenger vessels. No examination will be made of the baggage and effects of persons on such vessels other than those so listed and offered for examination, except in unusual cases, and then only after conferring with the commanding officer. After the examination of such baggage and the col- lection of duty thereon is completed, customs supervision of such vessels will be withdrawn, and packages may be landed therefrom without any customs formalities. Art. 368. Unclaimed and unaccompanied baggage.—Ar- ticles in passengers’ baggage on which duties are not paid, and baggage not claimed within a reasonable time, will be treated as unclaimed and sent to general order. All baggage on board a vessel not accompanying a passenger shall be listed on the last sheet of the passenger manifest under the caption “Unaccompanied baggage,” giving marks or address, and date of the arrival of the vessel on which the owner was a passenger. Art. 369. Registration—Certificate——Valuable effects of foreign origin may be submitted to the appraiser for ex- amination and registered by him for identification prior to the departure of the passenger, and a certificate issued by him in duplicate on Customs Form 4447 for identifi- cation on return. One copy of this certificate will be de- livered to the applicant, the other filed in the appraiser’s office. Art. 370. Shipment to port of delivery——When baggage appears by the manifest of the importing vessel or other satisfactory evidence to be destined to a port of delivery, it may be forwarded to its destination at the request of the passenger, the transportation company, or the agent of either, under cord and seal and special manifest, with- out examination or assessment of duty. For this purpose the carrier will furnish cards of bright red cardboard not less than 24 by 44 inches in size, with the following printed text: Check No. From To I hereby certify that this baggage was corded and sealed by me for transportation and examination, as above stated. Dated , 19—. ’ United States Inspector of Customs. CONDITIONALLY FREE ENTRIES. [Coupon. ] Port oF . I hereby certify that corded and sealed baggage covered by check No. was received this day of at this port. > Inspector of Customs. These cards will be placed on the cords, back of the seal, and upon arrival of the packages at the port of desti- nation the proper customs officer shall detach the coupon bearing his certificate and mail the same to the chief offi- cer of customs at the port where the baggage was corded and sealed, and the manifest will be filed at the port of destination. If within a reasonable time the coupon bearing the certificate of the customs officer at the port of destination is not received at the port where the baggage was sealed, it shall be the duty of the collector at the latter port to call upon the carrier to show what disposition was made of the package. There shall also be provided by the carrier, pasters, bright red in color, 5 by 5 inches, with the following text printed thereon: Check No. United States Customs, Baggage in bond From To be delivered to collector of customs at Date , 19—. These pasters are to be securely attached to the packages. In addition there shall be exacted from the carrier a memorandum in the nature of a receipt, to be provided by the carrier, as follows: I hereby certify that I have delivered to 5 ak bonded transportation company, this day of . 19—, the following baggage, same having been duly corded, sealed, and manifested by me for transportation as indicated below: Estimated Marks, check numbers, and . description of packages. LoS Via— Value. Soe oe i 7 United States Inspector of Customs. 197 198 T. D. 34882. Act Oct. 1913, sec. I par. CC. 3, Uy, CONDITIONALLY FREE ENTRIES. Received in good order from the collector of customs, port of , the baggage above described, to be delivered to the collec- tor of customs at the port of destination as indicated above, in accordance with the provisions of our common-carrier bond for the transportation of merchandise in bond. RAILROAD COMPANY. The inspector supervising the shipment of the baggage shall forward to the collector at the port of destination or exportation a report of the shipment of such baggage on Customs Form 6055. Upon arrival of such baggage at the port of destination a declaration should be required on Customs Form 6059, and passed in the same manner as baggage arriving at seaports. If the report on Customs Form 6055 is not received within a reasonable time by the collector at the port of destination he will call upon the collector at the port where the baggage was sealed to forward it. Art. 371. Shipment in transit to foreign countries.—On arrival at a port of entry of any person in transit over a bonded route to another port for departure to a foreign country, the collector may, upon request, cord and seal the baggage of such passenger and attach thereto a spe- cial manifest in the following form: Baggage in transit through the United States: Check No. From To 3 I hereby certify that this baggage was duly corded and sealed by me for transportation, as above stated. Dated United States Inspector of Customs. I hereby certify that corded and sealed baggage covered by check No. was exported to . through this port, this United States Inspector of Customs. The manifest will be printed on cards made of yellow cardboard not less than 24 by 44 inches in size, and to be furnished by the transportation companies. These cards will be placed on the cords, back of the seal, and upon arrival of the packages at the port of exit the shipping officer will detach the coupon bearing his certificate and mail the same to the collector of customs at the port where the baggage was corded and sealed. There shall also be provided by the carrier and at- tached to each package a yellow paster, 5 by 5 inches, CONDITIONALLY FREE ENTRIES. printed in the same form as the red paster provided for in the preceding article. A record of the packages by marks and check numbers will be kept at the port where the baggage is sealed, and receipt for the packages, similar in form to that provided in the preceding article, shall be obtained from the rep- resentatives of the carriers. If within a reasonable time the coupon bearing the certificate of the customs officer at the port of exit is not received at the port where the baggage was sealed, the collector at the latter port will call upon the carrier to show what disposition was made of the packages. The inspector supervising the shipment of the baggage shall forward to the collector at the port of destination or exportation a report of the shipment of such baggage on Customs Form 6055. Art. 372. Examination abroad.—Baggage examined by inspectors of United States customs stationed at places in foreign countries, if containing no dutiable merchan- dise, will be corded, sealed, and forwarded under special manifest as herein provided, or placed in a sealed car or compartment and accompanied by a sheet manifest. Dutiable articles and exemptions allowed, if any, will be indorsed on the manifests by examining inspectors for the information of the collector at the first port of arrival in the United States. Such inspectors may also cord and seal baggage for transit through the United States in the manner pro- vided in the preceding article. The special manifest herein provided must be fur- nished by the transportation companies, and shall be made on white cardboard, not less than 24 by 44 inches, in the following form: Special manifest of baggage. Check No. This baggage is in transit from , in the United States. I certify that this baggage was duly corded and sealed by me; that the packages have been carefully examined, passed, and laden under my personal supervision; and that there are no dutiable goods of any kind contained therein nor exemptions allowed, except as noted hereon. Dutiable goods, Exemptions allowed, (foreign country) to United States Inspector of Customs. 199 T. D. 34882, 200 CONDITIONALLY FREE ENTRIES. The card manifests will be placed on the cords back of the seal. When the inspector boards a train at the first port of arrival of the baggage he will cut the cord and retain the manifest for filing in his office. If the baggage is to reenter foreign contiguous terri- tory before it reaches its final destination in the United States the cord will be cut by the inspector at the last port of arrival. The sealing officer may keep a book record of baggage for reference. 30n3, ©” 2061, Art. 373. Uninspected baggage from contiguous terri- tory.—All baggage of passengers from contiguous foreign territory not inspected by United States inspectors sta- tioned in such territory shall be examined by an inspector at the port of first arrival unless forwarded in bond to a port of delivery or in transit to a foreign country. gitep® 30497, A declaration and entry, Customs Form 6059, will be required as provided in article 358. Customs officers should not open baggage for the pur- pose of examining the contents. All baggage which is not opened by the owner or his agent should be held for examination until so opened, or a request received from the owner or his agent to make other proper disposition thereof. R. S., 3101. When, however, the passenger is present and refuses to 34804.” open trunks or other envelopes containing his baggage, or to deliver articles for inspection, the inspector shall open the baggage, and if dutiable articles are found therein, the trunks or envelopes, with their contents, shall be held for forfeiture proceedings. Art. 374. Domestic baggage through contiguous foreign territory.—Checked baggage of domestic origin in transit from place to place in the United States through contig- uous foreign territory, which is forwarded in sealed cars or compartments, or corded and sealed, will be passed without examination. Hand baggage of passengers on trains running from one port in the United States to another port, through contiguous foreign territory, may be labeled by the cus- toms office at the port of exit, and will be passed without examination upon reentering the United States, if bear- ing labels. A card manifest of white cardboard, not less than 5 by 5 inches, in the following form shall accompany each piece of baggage corded and sealed: CONDITIONALLY FREE ENTRIES, Check No. This baggage is in transit from across foreign territory. I certify that this baggage was duly corded and sealed by me, and laden aboard the cars for transportation, as above stated. Dated, , 19—. , in the United States, 9 United States Inspector of Customs. The card manifests will be placed on the cord, back of the seal. The inspector at the port at which the bag- gage reenters the United States will cut the cord and retain the mainfest for filing in his office. Art. 375. Coastwise baggage via foreign ports—Baggage transported in vessels engaged in the coasting trade and touching a foreign intermediate port may be corded and sealed or placed in a compartment separately manifested as baggage in transit. Such compartment shall be sealed by a customs officer at the port of departure from the United States, and shall be opened by a customs officer at the port of arrival in the United States. All baggage arriving on such vessels not corded or sealed, or not con- tained in such sealed compartment and manifested, must be treated as baggage from a foreign port. DIPLOMATIC AND CONSULAR OFFICERS. Art. 376. Baggage.—The privilege of free entry and ex- emption from examination is extended to the baggage and other effects of the following officials, their families, suites, and servants: Foreign ambassadors, ministers, chargé d’affaires. Secretaries, and naval, military, and other attachés at embassies and legations, high commissioners, and consular officers accredited to this Government or en route to and from other countries to which accredited and whose gov- ernments grant reciprocal privileges to American officials of like grade accredited thereto. Similar representatives of this Government abroad, in- cluding consular officers, returning from their missions. Other high officials of this and foreign governments. Applications should be made to the Department of State for the free entry of the baggage of, and extension of courtesy to, all foreign ambassadors and other foreign officers. Application should also be made through the Department of State in the case of diplomatic and con- sular officers of the United States returning from their 201 T. D. 35362. T. Ds. 24003, 21934, 33455. 202 CONDITIONALLY FREE ENTRIES. missions. Other high officials of this Government may, however, make application direct to the Treasury Depart- ment for the extension of courtesies. In the absence of special authorization from the De- partment prior to the arrival of any of the persons above referred to, collectors of customs may accord the privi- leges of this article to them upon presentation of their credentials, or by otherwise establishing their identity. Collectors will keep a record of the privileges granted, whether the subject of instructions from the Department or not, containing the name of the person to whom granted, his rank or designation, the name of the vessel and date of arrival. If by accident or unavoidable delay in shipment, the baggage or other effects of a person of any of the classes mentioned in this article shall arrive after him, the same may be passed free of duty upon his declaration, without examination. Art. 377. Imported articles—Members and attachés of foreign embassies and legations may receive articles im- ported for their personal or family use free of duty with- out examination, upon the Department’s instructions in each instance, which will be issued only upon the request of the Department of State. Packages bearing the official seal of a foreign Govern- ment will be admitted to free entry without examination. Costumes, regalia, and other articles for the official use of diplomatic or consular officers of a foreign Govern- ment will be admitted free of duty. Collectors will take charge of all packages addressed to diplomatic officers of foreign nations which arrive in advance of the receipt of instructions for free entry. Notification of such arrivals should be sent to the Secre- tary of the Treasury. ARTICLES FREE UNDER SIX MONTHS’ BOND. T. D. 33806. Art. 378. Articles exempt from duty——The following ar- ticles, if not intended for sale, may be entered free of duty under bond for their exportation within six months, subject to the following conditions: 392 Animals brought into the United States temporarily for the purpose of breeding, exhibition, or competition for prizes offered by any agricultural, polo, or racing association. Act Oct. 1913, par. CONDITIONALLY FREE ENTRIES. 2038 Theatrical scenery, properties, and apparel which has 1915. poe bee been used abroad in public performances, brought by proprietors or managers of theatrical exhibitions arriv- ing from abroad, for temporary use by them in such exhibitions, and not for any other person. Works of art, drawings, engravings, photographic pic- rotst Oct ads tures, and philosophical dnd scientific apparatus brought and ea by professional artists, lecturers, or scientists arriving from abroad for use by them temporarily for exhibition and in illustration, promotion, and encouragement of art, science, or industry in the United States, but this privilege shall not be allowed to associations or corpora- tions engaged in or connected with business of a private or commercial character. Machinery or other articles to be altered or repaired, ,97$* 0S 1} molders’ patterns for use in the manufacture of castings, 22" J» subsec. models of women’s wearing apparel imported by manu- facturers for use as models in their own establishments, samples solely for use in taking orders for merchandise, articles intended solely for experimental purposes, and automobiles, motor cycles, bicycles, aeroplanes, airships, balloons, motor boats, racing shells, teams and saddle horses, and similar vehicles and craft brought tempo- ,,7.Ds. 34018, rarily into the United States by nonresidents for tour- ing purposes or for the purpose of taking part in races or other specific contests. Art. 379. Entry—Bond.—Entry of articles under bond for exportation shall be made on Customs Form 7539. The entry must contain a sufficient description of the articles to permit of identification on exportation. Bonds shall be required on Customs Form 3775 in a_ T- D. 34417. penal sum equal to double the estimated duty. A separate record of such entries will be kept. Art. 380. Animals for breeding—Exhibition—Competi- ‘7. D. 33806. tion It must be shown to the satisfaction of the col- lector at the port of importation that the animals are imported for the purposes mentioned in the statute. If imported for exhibition or competition, the association must be one open to the general public. Animals imported for training for a subsequent rac- ing exhibition are within the law. Animals for breeding purposes may be brought in by individuals. Free entry under bond will likewise be accorded sulkies, carts, and other vehicles, equipment, and harness brought with such animals. 204 CONDITIONALLY FREE ENTRIES. gasp 22806 Art. 381. Theatrical effects—Upon the entry of theatri- cal scenery, property, and apparel an affidavit of the man- ager or proprietor will be required on Customs Form 3325. Wearing apparel suitable for ordinary use as such will be classified as personal effects, notwithstanding its use in theatrical exhibitions. Animals imported for use or exhibition in theaters or menageries will be classified as theatrical effects. The term “theatrical scenery, properties, and effects” does not include moving-picture films. T. D. 33806. Art. 382. Articles brought by professional artists, lecturers, or scientists—Upon entry of works of art brought in by professional artists, lecturers, or scientists, a declaration on Customs Form 3333 must be made. 191s’ ses’ rv, Art. 383, Machinery, articles for repairs—Molders’ pat- par. J, subsec. terns—-Models—Samples, ete—On the entry of articles gatos °°8°% under subsection 4 of paragraph J of the tariff act valued at over $100 there shall be filed on entry a certificate from the United States consul at the port of exportation, signed by the shipper or his agent, showing the purpose of importation, and that the articles are not for sale. 34373 3aa7a” © Models of women’s wearing apparel must be marked for identification on exportation by means of a cord and seal. Invoices covering such articles shall state or have attached a statement showing the character of the ma- terial from which made and the quantity and kind of each fabric, lace, embroidery, trimming, and lining con- tained therein, and the total value of each completed garment. ganze °°8°% = Samples imported for use solely in taking orders must be marked for identification on exportation. Samples of wearing apparel must be marked by means of cord and seal. Samples accompanying “commercial travelers as bag- gage may be passed on the baggage declaration, to which a descriptive list shall be attached. Duties may be de- posited in lieu of a bond and refunded on exportation. Art. 384. Exportation.— Articles entered under six months’ bond may be exported at the port of entry or at another port and shall be delivered by the importer for examination at the appraiser’s store or at such other place as the collector may designate. An application on Customs Form 3495 shall be filed with the collector a sufficient time in advance of exportation to permit of CONDITIONALLY FREE ENTRIES. their examination. The applicant will be notified on Cus- toms Form 3497 where the articles are to be sent for identification. Said application will be transmitted to the appraiser with the invoice filed on entry. The appraiser will com- pare the articles submitted to him with the invoice, and report to the collector any discrepancies that may be found. He will also supervise the packing of the articles for exportation, and deliver the packages to an inspector for transfer and lading. The collector will also instruct the surveyor, on Cus- toms Form 3499, to supervise the transfer and lading of such packages, and make due return thereof. At ports at which there is no surveyor, the direction to supervise the transfer and lading for exportation will be made to an inspector. All expenses in connection with the delivery of the articles for examination, the cording and sealing of such articles, and their transfer for expor- tation will be paid by the parties in interest. If exportation should be made at any port other than ‘that at which the merchandise was imported, a certified copy of the import entry or the invoice used upon entry should be filed with such application, but the same may he waived by the collector of customs if a sufficiently de- tailed description of the articles exported is given in the application to enable them to be identified with the ar- ticles covered by the import entry. If articles be ex- ported from another port than the port of entry the collector of customs at such port of exportation will for- ward to the collector at the port of importation a copy of the application with the appraiser’s and inspector’s return indorsed thereon. Duties will be collected on any articles not exported in accordance with these regulations upon their value at the time of importation. Art. 385. Extension and cancellation of special bonds.— Bonds given on entry under paragraphs 582 or 653 of the tariff act of October 3, 1913, may be extended for a further period of six months upon application to the department. Bonds given on entry of articles under paragraph 398 or subsection 4 of paragraph J of section 4 of the said act can not be extended. Bonds taken pur- suant to these provisions of law in the sum of $100 or less may be canceled upon the production of satisfactory 205 T. Ds. 33806, 33989, 34417. 206 T. D. 3498 Act Oct. 1913, par. 42 Act Oct. 19138, par. 57 t. 3 0. 7. 3 3. T. Ds, 35323, 35324, 35325 Oct. 3, Act Oct 1913, par. 611. T. D. 34980. CONDITIONALLY FREE ENTRIES. evidence of exportation without filing a foreign landing certificate. Where exportation has been made at a port other than that of importation, the bond may be canceled upon the certificate of lading received from the port of exporta- tion, and the production of a landing certificate acknowl- edged by the foreign consignee before an American con- sular officer, or a certificate from a customs officer at the foreign port to which the merchandise was exported, showing the entry of the merchandise at such port. In the case of animals imported for exhibition dying in the United States through accident or other casualty while under bond, and of articles totally destroyed by fire, accident, or other casualty while in this country and under bond, application for the cancellation of the bonds may be made to the department. The application should be accompanied by affidavit of the importer or other person having knowledge of the facts, setting forth the circumstances of the death of the animals or destruction of the articles. ARTICLES FOR INSTITUTIONS. Art. 386. Books — Maps — Music — Photographs — Etch- ings—Lithographic prints—Charts—Philosophical and scien- tific instruments and apparatus.—The following articles are entitled to entry free of duty when imported in good faith for the use or by the order of any society or insti- tution incorporated or established solely for religious, philosophical, educational, scientific, or literary purposes, cr for the encouragement of the fine arts, or for the use or by the order of any college, academy, school, or semi- nary of learning in the United States, or any State or public library, and not for sale: Books, maps, music, photographs, etchings, litho- graphic prints, and charts, not more than two copies in any one invoice. Philosophical and scientific apparatus, utensils, instru- ments, and preparations, including bottles and boxes con- taining the same, and articles solely for experimental purposes. Art. 387. Regalia and gems—Regalia defined.—Regalia and gems specially imported in good faith for the use and by the order of any society or institution of the character described in the preceding article, or for the CONDITIONALLY FREE ENTRIES. use and by the order of any college, academy, school, seminary of learning, orphan asylum, or public hospital in the United States, or any State or public library, and not for sale, are entitled to entry free of duty. “ Regalia” is defined in the tariff laws as such insignia of rank or office or emblems as may be worn upon the person or borne in the hand during public exercises of the society or institution,-and shall not include articles of furniture, fixtures, articles of regular wearing apparel, nor the personal property of individuals. Art. 388. Requirements on entry.—The importer must file as evidence that such articles are entitled to free entry an affidavit, on Customs Form 3321, by an execu- tive officer or other authorized representative of the institution for which the articles are imported. Art. 389. Character of institution—Special importations for.—The collector may require a copy of the charter or other evidence of the character of the institution for which the articles are imported, and may also require the production of the original of any order given by such society or institution to an importing agent or dealer for such articles. It is required that the articles shall be specially imported for the institution claiming free entry, and articles imported upon the order of one insti- tution can not be passed free of duty for delivery to another. Art. 390, Affidavit of dealer or agent—Certificate of de- livery—Stipulation—-When such articles are imported through a dealer his affidavit, as well as that of the im- porter, shall also be filed, on Customs Form 3321. Such affidavits must be filed at the time of entry, and bonds will not be accepted for their subsequent produc- tion. However, when it is impracticable to produce, at the time of entry, the affidavit of the institution for which the importation is made, the importer may stipu- late to produce such affidavit and may deposit the esti- mated duties, provided he shall file an affidavit at the time of entry showing why the affidavit of the institu- tion can not be produced. Upon the production of the affidavit of the institution and the certificate of delivery within six months from the date of entry the estimated duties will be refunded upon liquidation of the entry. A certificate of delivery signed by an authorized ex- ecutive officer or other representative of the institution, Customs Form 3337, must be filed within six months from 207 T. D. 34980. T, Ds. 35323, 35324, 35325. T. D. 34980. T. D. 35310. 208 CONDITIONALLY FREE ENTRIES. the date of entry, before liquidation thereof free of duty. Upon failure to file said certificate within six months the entry shall be liquidated as dutiable. sane eae Art. 391. Serial publications—List of books——One afli- sec. II, Bae, Be sages " davit may be made for books published serially and im- ported in installments. A list shall be filed with the affidavit on entry of the first numbers of the publication, which list shall be signed by the importer immediately below the last-mentioned article in such list. Subsequent numbers may be admitted free upon affidavit of the im- porter that they are included in the list already filed. Records must be kept by collectors of all books covered by any one affidavit and successive arrivals of such books noted thereon. T. Ds. 28273, Art. 392. Articles for the United States——Books, music, fom lithographic prints, engravings, photographs, etchings, and charts imported by authority or for the use of the Library of Congress, or for branches of the United States Government, may be admitted free of duty upon com- pliance with these regulations, or upon the written re- quest of the head of any bureau or executive department. Such articles imported by mail and addressed to the Library of Congress or any department of the Govern- ment or bureau or division thereof shall be forwarded for delivery without the assessment of duty thereon. Philosophical and scientific apparatus, utensils, instru- ments, and preparations imported for the use or by the order of any establishment of the United States Govern- ment recognized by the department as established for scientific or educational purposes may also be admitted free of duty upon compliance with these regulations or upon the written request of the head of the establishment or department for whose use the importation is made, specifying that the articles are imported for its use and by its order and to remain its permanent property. WORKS OF ART. 1015, pan G11 Art. 393. Statuary and casts of sculpture——Statuary and . 34980. casts of sculpture for use as models, or for art educational purposes only, will be admitted free of duty if returned by the appraising officer as statuary or casts of sculpture, provided the ‘collector of customs shall be satisfied that they are actually imported for the purposes above men- tioned. CONDITIONALLY FREE ENTRIES. The importer must file on entry an affidavit of the ulti- mate consignee in the following form: STATE oF ‘ County of . 82 Port or I, , do hereby declare that I am the ultimate con- signee of certain . viz," , imported at the port of per §. S. , consigned to . and that the same are imported for use only, and not for sale, and are to be so used by at Sworn to before me this day of , 19—. + Deputy Collector or Notary Public. Art, 394. Original paintings, engravings, drawings, sculp- ture, ete.—Original paintings in oil, mineral, water, or ae : ene other colors, pastels, original drawings and sketches in 19}3,par.,602. pen and ink or pencil and water colors, artists’ proof 34438. etchings unbound, and engravings and woodcuts un- bound, original sculptures or statuary, including not more than two replicas or reproductions of the same, are entitled to entry free of duty. The law contains the following definitions of the terms used : The terms “sculpture” and “statuary” as used in this para- graph'‘shall be understood to include professional productions of sculptors only, whether in round or in relief, in bronze, marble, stone, terra cotta, ivory, wood, or metal, or whether cut, carved, or otherwise wrought by hand from the solid block or mass of marble, stone, or alabaster, or from metal, or cast in bronze or other metal or substance, or from wax or plaster, made as the professional productions of sculptors only; and the words “ paint- ing” and “sculpture” and “statuary” as used in this paragraph shall not be understood to include any article of utility, nor such as are made wholly or in part by stenciling or any other mechani- cal process; and the words “ etchings,” “ engravings,” and ‘“ wood- cuts” as used in this paragraph shall be understood to include only such as are printed by hand from plates or blocks etched or engraved with hand tools and not such as are printed from plates ot blocks etched or engraved by photochemical or other mechanical processes. : Invoices covering works of art claimed to be free of duty must show whether the same are originals, replicas, reproductions or copies, and also the name of the artist who produced the same. In order to entitle such articles 1Insert description of articles as described in invoice, 3130°—15——14 209 t Oct. 3, , par. 652. 210 CONDITIONALLY FREE ENTRIES. to entry free of duty an affidavit by the ultimate con- signee must be filed in substantially the following form: I, . do solemnly swear that I am the ultimate consignee of the following works of art, imported at port of . in the steamship , consigned to ; that the said articles are to the best of my knowledge and belief + and were produced by at Sworn to before me at this 19—. day of Deputy Collector. 1915 poetgse, ATt. 395. Artistic antiquities—Works of art (except T. D. 31263. rugs and carpets), collections in illustration of the prog- ress of the arts, works in bronze, marble, terra cotta, parian, pottery, or porcelain, artistic antiquities, and objects of art of ornamental character or educational value which shall have been produced more than 100 years prior to the date of importation, will be admitted free of duty, upon compliance with the following regu- lations. There shall be attached to the invoice filed upon entry a certificate of the foreign seller or shipper before the American consul at the place of shipment in substantially the following form: , 19—. I, . do hereby certify that I am the — of certain works of art, viz, , covered by consular invoice No. , certified before the American consul at , on the day of , 19—; that the said were acquired by me from on the day of ——-—, 19—; and I further declare that I, , consul of the United States at , do hereby certify that the above declaration was subscribed and sworn to (or affirmed) before me by , on this day of , 19—, and that the statements therein contained are true, to the best of my knowledge and belief. United States Consul. ggugp™ 27528, Affidavits or certificates signed by an agent or attorney of the principal will not be accepted, but bonds for the subsequent production within six months of such affi- davits or certificates may be taken. When the value does not exceed $100, a certificate by the foreign seller or ship- per will not be required. 1Insert whether originals or first or second replicas, CONDITIONALLY FREE ENTRIES. Certificates and affidavits bearing on the age and char- acter of such importations shall be transmitted by the collector to the appraising officer. The findings of such officer shall be clearly stated in his return upon the invoice. Articles the parts of wich are capable of being ap- separate entities, and those portions which are of an age and character entitling them to free entry as artistic antiquities may be passed free, and duty assessed on the remaining parts. Artistic antiquities are free of duty, though repaired or renovated within 100 years. If, however, such repairs or renovation consist of an addition to an article of an artistic feature which renders it a “work of art” the article is excluded from free entry, even though the repairs or renovation may be slight in extent. 211 (T. D. 31912, Abst. 26798) ; praised and reported upon separately may be treated asT. D. 32275. T. D. 31263. Art. 396. Articles for exhibition—Works of art, collec- 1088, ‘par, eat tions in illustration of the progress of the arts, sciences, or manufactures, photographs, works in terra cotta, parian, pottery, or porcelain, antiquities and artistic copies thereof in metal or other material, imported in good faith for exhibition at a fixed place by any State or by any society or institution established for the en- couragement of the arts,. science, or education, or for a municipal corporation, or by any society or association, or for a municipal corporation for the purpose of erect- ing a public monument and not intended for sale, nor for any other purpose than herein expressed, may be ad- mitted free of duty on the filing of an affidavit by a qualified officer of the institution on Customs Form 3335, and the filing of a bond in a penal sum equal to double the estimated duties on Customs Form 3777. Art. 397. Transfer for exhibition.— Articles entered under paragraph 654 of the tariff act may be transferred from one institution to another upon an application in writing describing the same and stating the name of the institution to which transfer is to be made. No entry or withdrawal will be required for such a transfer, and the original bond will continue in full force and effect, or be canceled upon the filing of a new bond by the insti- tution to which transfer is made. Art. 398. Examination—Breach of bond.—Articles im- ported under paragraph 654 shall be subject at any time to examination and inspection by officers of the customs. 728. 212 CONDITIONALLY FREE ENTRIES. If any of the articles shall be sold, or offered or exposed for sale, transferred, or used in any manner contrary to the provisions of these regulations, duties shall be im- mediately collected by the | collector of customs at the port of entry. Free entry will not be allowed ‘of articles imported by associations or corporations engaged in or connected with business of a private or commercial character. Act Oct. 3, Art. 399. Presentation to institutions—Works of art, in- 1913, par. 655. oun 2104, cluding pictorial paintings on glass, imported expressly 31354, 34419, for presentation to a national institution, or to any State 35056, 35168.’ or municipal corporation, or to an incorporated religious society, college, or other public institution, including stained or painted window glass or stained or painted glass windows, imported to be used in houses of worship, may be admitted free of duty upon the filing with the entry of an affidavit (Customs Form 3331) by the im- porter showing that the articles were expressly imported for presentation to the institution named in the entry, together with letters of presentation and acceptance from’ the donors and donees, respectively. By the express provision of the statute any article, in whole or in part, molded, cast, or mechanically wrought from metal within 20 years prior to importation is ex- cluded from free entry. Lobe! poctass: _ Art. 400. Works of American artists —Works of art pro- duced by American artists residing temporarily abroad are entitled to entry free of duty on production of an affidavit (Customs Form 3319) made before the collector or deputy collector of customs at the port of entry, or before the American consul at the place of exportation on Consular Form 155. OILS. Act. Oct, 3, Art. 401. Denaturing—The following oils—birch tar, 1 T. Ds, 29997, cajeput, coconut, cod, codliver, cottonseed, croton, ich- 30006, | 30500 34215. ‘thyol, jugliandium, palm, palm-kernel, parila, soya- bean, and olive oil—will be admitted fros of duty when imported for mechanical or manufacturing purposes if denatured abroad, or while in customs custody after im- portation, in such manner as to render them unfit for use as food. CONDITIONALLY FREE ENTRIES. Each cask or package of oil claimed to have been dena- tured before importation must be sampled and tested by the appraiser. Oils imported for mechanical or manufacturing pur- poses may be denatured under customs supervision at the request and expense of the importer by one of the follow- ing formulas to be selected by the importer: To 100 gallons of the oil to be denatured add any of the following substances: (a) Three gallons rosin oil, preferably second or third runs. (6) Three gallons refined destructively distilled wood turpentine, boiling not lower than 160° C. (c) Fifteen pounds caustic soda. (d) One-fourth gallon. pyridin. (e) One-half gallon creosote. (7) Four gallons aniline oil. (g) Six gallons dark-colored oleic acid. (A) Six ounces oleoresin capsicum. (4) Twelve ounces oil rosemary, full strength, to 50 gallons. (j) Not less than 2 per cent of pine tar. (%) One part by volume of sulphuric (66 Baumé) acid to 99 parts oil, and the mixture allowed to stand at least 24 hours before being released. The department will from time to time prescribe addi- tional formulas, and will consider any formula for special denaturation that may be submitted by any manufacturer. Art. 402. Delivery.—None of the above-enumerated oils will be released free of duty until the appraiser shall have made a special report that such oils have been denatured and the owner or consignee shall have filed with the col- lector an affidavit in the following form: Port oF I, , do solemnly declare that I am the owner or consignee of the oil described in the invoice and entry hereto at- tached, and that the same is permanently unfit for use as food and is specially imported for mechanical or manufacturing pur- poses. (Owner or consignee.) Subscribed and sworn to before me this day of ‘ 19—. (Title of officer.) 8A oo dH oy 213 . 32859, . 29976. . 32056. . 82807. . 33827. 214 Act Oct. 3, 118, a 422’ . 33929. Act Oct. 3, 1913, sec. IV, pers 1 subsec. Act Oct. 3, 1913, sec. IV, pee J, subsec. T. D. 34150. CONDITIONALLY FREE ENTRIES. BOLTING AND PRESS CLOTHS. Art. 403. Marking.—Bolting cloths composed of silk, imported expressly for milling purposes, will be admitted free of duty when indelibly marked with a mark extend- ing from selvage to selvage at intervals of not more than 4 inches and bearing the words “ Bolting cloth expressly for milling purposes ” in block letters 3 inches in height. Press cloths composed of camel’s hair, imported ex- pressly for oil-milling purposes, cut into lengths not to exceed 72 inches and woven in widths not to exceed 15 inches, and weighing not less than one-half pound per square foot, will be admitted free of duty when indelibly marked with a mark extending lengthwise along the cen- ter of the cloth and bearing the words “For oil-milling purposes ” in block letters 3 inches in height, and leaving not more than 10 inches uncovered surface of cloth at either end. Bolting or press cloths not marked in the manner above indicated at the time of importation may be so marked hy the importers in public stores under the supervision of customs officers. MATERIALS FOR CONSTRUCTION AND REPAIR OF VESSELS—OUTFIT AND EQUIPMENT. Art. 404. Vessels entitled to privilege ——Materials of for- eign production which may be necessary for the construc- tion of naval vessels or other vessels of the United States, vessels built in the United States for foreign account and ownership, or for the purpose of being employed in the foreign or domestic trade, and all such materials neces- sary for the building of their machinery, and all articles necessary for their outfit and equipment, may be im- ported in bond (Customs Form 3413), and upon proof that such materials have been used for such purpose the bond given on entry will be canceled. Articles of foreign production needed for, the repair of naval vessels of, or other vessels owned or used by, the United States, and vessels now or hereafter registered under the laws of the United States, may be withdrawn from bonded warehouse free of duty. Art. 405. Definition of terms.—The word “ materials” is defined as including any imported merchandise which is suitable and intended for use in the construction of the CONDITIONALLY FREE ENTRIES. hull of a vessel or of the machinery of a vessel, and to be incorporated therein, either after having undergone a process of manufacture subsequent to importation or in its condition as imported. This will include raw ma- terials to be worked up into the finished state in which they will enter into the hull or machinery of the vessel, and paints, forgings, castings, nuts, screws, bolts, steel plates and other-things which, though completed articles, are useful as parts in the construction of such hull or machinery. Inasmuch as in subsection 5 express provision is made for materials for the construction of vessels, their ma- chinery, and for articles for their outfit and equipment, such terms, so far as the interpretation of subsection 5 is concerned, are defined as follows: “Vessel” is defined as referring to the hull and every- thing permanently included therein or attached thereto except the machinery as hereinafter defined. “Machinery” is defined as the engines, boilers, and other propelling mechanism of a vessel, and includes only such mechanism as is peculiar to vessels. “Outfit and equipment” is defined as including port- able articles necessary or appropriate for the navigation, operation, or maintenance of a vessel, but not perma- nently incorporated in or permanently attached to its hull or propelling machinery, and not constituting con- sumable supplies. The term includes, therefore, anchors, chains, cables, tackle, boats, repair parts, life-saving apparatus, nautical instruments, signal lights, lamps, furniture, carpets, table linen, tableware, bedding, arms, and munitions. In subsection 6 no distinction is made between the vessel and its machinery. The term “vessel” in said subsection must therefore be taken as a whole, with all - permanent attachments necessary or useful to accomplish the object for which it is designed. All merchandise may therefore be admitted under this subsection which is suitable and intended for the repair of the hull, or for the repair or replacement of permanent attachments to the vessel, including its machinery, and which is neces- sary or useful in the navigation, operation, or mainte- nance of the vessel. This will include not only so-called raw materials, but, in general, completed articles, includ- ing machinery, either propelling or auxiliary, which are 215 216 T. D, 34150. CONDITIONALLY FREE ENTRIES. to be permanently attached to the hull of the vessel and which serve the purpose for which the vessel was designed. Art. 406. Procedure on entry.—Materials for the con- struction of vessels or of their machinery, and articles for their outfit and equipment, under subsection 5, may be, and articles for the repair of vessels, under subsection 6, must be, entered for warehouse, and if withdrawn within three years from the date of importation for such pur- poses, may be withdrawn free of duty aes compliance with these regulations, Application for the free entry of aehnaies to be used for the purposes provided in subsection 5 shall be made to the collector of customs at the port of importa- tion by the importer or his agent under oath on Customs Form 3411. Application for withdrawal from warehouse without payment of duty of articles imported for the purpose provided in subsection 6 shall be made by the importer - or his agent under oath on Customs Form 3417. T. D. 34150. T. D. 34883. The applicant will be required upon the withdrawal of the merchandise to furnish a bond in a penal sum equal to the duties on the merchandise on Customs Form 3415. The applications and bonds prescribed in these regula- tions may be waived when the imported merchandise is consigned to an executive department of the United States or an authorized representative thereof for naval vessels or other vessels owned or used by the United States, provided the head of the executive department which is to use the merchandise shall make application to the collector of customs at the port where it is entered for its free entry and certify that it will be used in accord- ance with the said provisions of law and the regulations thereunder. Art. 407. Evidence for cancellation of bonds.—If the bond covers merchandise to be used under subsection 5 in the condition in which imported, affidavits from the im- porter, master builder, general storekeeper, or superin- tendent showing proper disposition of such merchandise shall be required. If the bond covers merchandise to be used in the manu- facture of materials for the construction of the hull or machinery, affidavits that the merchandise has been so CONDITIONALLY FREE ENTRIES. used will be required from the proprietor and foreman of the manufactory, and also from the master builder, superintendent, or general storekeeper of the shipyard in which the vessel is being constructed. The bond covering merchandise withdrawn from ware- house under the provisions of subsection 6, and intended for use in the condition in which imported for the repair of the vessel, will be canceled upon affidavits from the importer, and the owner, agent, or master of the vessel that the merchandise has been so used. If the purpose stated in the bond is the use of the merchandise in the manufacture of articles for the repair of the vessel, affidavits will be required from the pro- prietor and foreman of the manufactory, and the owner, agent, or master of such vessel. If, upon a careful review of the evidence required and furnished in each case and a comparison of the state- ments made therein with the records of his office, the collector of customs shall be satisfied that the merchan- dise has been used in the manner provided by said law and these regulations, the bond given on entry or with- drawal may be credited or canceled accordingly. Art. 408. Inspection of vessels—A customs officer or special Treasury agent shall inspect the vessel at proper times, upon the request and under the direction of the collector of customs at the port where the merchandise was entered, and shall report to the said collector the results of such inspection. Art. 409. Disposition of unused portion of importation.— When materials or articles are imported for use under the foregoing provisions of law and regulations, duties may be paid thereon upon their value or quantity at the time of importation, or such materials or articles may be _ exported under customs supervision, or upon application to the collector of customs may be retained for use in the construction or repair of other vessels upon such condi- tions as may be prescribed by the collector. WITHDRAWAL OF SUPPLIES FOR MERCHANT VESSELS OF THE UNITED STATES. Art. 410. Form of withdrawal.When articles of for- ; 217 T. D. 34150. T. D. 34150. Act June 26, 884, sec. 16; eign or domestic production are withdrawn from a act July 24, bonded warehouse or a bonded manufacturing warehouse 1897, sec. 14. T. Ds. 9776, 18379, for supplies of a vessel of the United States engaged in 18935, 33287. 218 CONDITIONALLY FREE ENTRIES, foreign trade, or in trade between the Atlantic and Pacific ports of the United States, free of duty or of internal- revenue tax, the owner of the articles or his agent must file with the collector a withdrawal in the following form: Withdrawal of supplies for vessels. Articles to be withdrawn from warehouse by , and to be used for supplies of - , master, a vessel of the United States engaged in the foreign trade (or in the trade between the Atlantic and Pacific ports of the United States), now in port. Dates ot Fp ee or re i i warehousing and names o: moun ae and importers or dates of with- | of duty drawal from bonded man- or tax. ufacturing warehouses. Description of articles. I do solemnly swear that the articles described within are in- tended to be used on board the above-described vessel and not to be relanded at any place or port within the United States. Port or day of , ——, before me. Sworn to this Collector. Art. 411. Bond.—If the vessel named in the withdrawal is clearing coastwise, or goes from port to port in the United States to complete lading or unlading of cargo to and from foreign ports, or to and from Atlantic and Pacific ports of the United States, a bond must be taken on Customs Form 3879 and in a penal sum equal to double the duties on the articles withdrawn. Art, 412. Delivery permit—Lading.—Upon the filing of the withdrawal and executing a bond, when required, the collector, if satisfied that the quantities mentioned in the withdrawal are not excessive for the purpose intended, shall issue a permit on Customs Form 3881, directing the storekeeper to deliver the supplies to the surveyor. A copy of the withdrawal will be transmitted to the surveyor or inspector acting as such, with directions in- dorsed thereon in the following form: CONDITIONALLY FREE ENTRIES. PorT OF — ’ , 19—. To the SuURVEYorR: You will direct an inspector to examine the goods described in this withdrawal, and if found to agree exactly therewith to super- intend the lading thereof on board the , and make return thereof. Collector. Art. 413. Intermediate ports—The articles withdrawn and taken on board as supplies shall be noted on the manifest, and if the vessel touches at an intermediate port in the United States the collector at such port shall see that no portion of the supplies so noted is landed ex- cept upon entry and payment of duties. Art. 414. Cancellation of bond.—The bond given on with- drawal of supplies shall be canceled upon the production of an affidavit of the master and mate, showing that such supplies have been used on board the vessel, and no por- tion thereof landed within the limits of the United States without the payment of duty thereon. WITHDRAWAL OF SUPPLIES FOR FOREIGN VESSELS OF WAR. Art. 415, Countries accorded privilege ——The privilege of purchasing supplies from the public or bonded ware- houses and from bonded manufacturing warehouses, free of duty or of internal-revenue tax, shall be extended to the vessels of war of any nation in ports of the United States which may reciprocate such privilege toward the vessels of war of the United States in its ports. The privilege of purchasing supplies from such ware- houses, duty free, is accorded to the vessels of war of the following countries: Argentina, Austria, Brazil, Chile, Denmark, England, France, Germany, Greece, Holland, Italy, Japan, Korea, Norway, Roumania, Russia, Salva- dor, Siam, Sweden, and Venezuela. DINING-CAR SUPPLIES ON INTERNATIONAL TRAINS. Art. 416. Not to be used in United States—Liquors and cigars constituting supplies of dining cars attached to in- ternational trains passing and repassing the boundary line, in order to be exempt from duty, must, upon arrival at the frontier port of the United States, be locked or sealed in a separate compartment or locker, which lock 219 Act Oct._3, 1913, sec. IV, par. K. T. Ds. 13111, 15467, 22327, 23066, 29939. T. D. 24700. 220 Act May 18 18 T. Ds. 17202 20819, 29950. CONDITIONALLY FREE ENTRIES. or seal must not be broken until the departure of the train from the United States at the frontier port. ARTICLES EXPORTED FOR EXHIBITION. » Art. 417. Articles entitled to privilege—Animals and other articles of foreign or domestic origin sent out of the United States for temporary use or exhibition at a public exhibition, fair, or conference held in a foreign country may be admitted free of duty on their return to the United States, provided that dutiable articles of for- eign production shall have once paid duty in the United States, and no drawback has been allowed thereon, and that internal-revenue tax shall have been paid before ex- portation and not refunded on domestic articles subject to such tax. Art. 418. Requirements on entry.—Articles of domestic origin so exported may be entered upon return under the regulations governing articles of domestic origin ex- ported and returned. There shall be required upon the entry of such articles of foreign origin: (a) A certificate of exportation, Customs Form 4467, or a bond for its production on Customs Form 33897. (6) A declaration made by the foreign shipper before the American consul, stating that such articles were im- ported from the United States for temporary exhibition, or a bond given for its production within six months on Customs Form 3375. (c) A declaration of the importer in the following form: Port of I, , do solemnly declare that the several articles of foreign origin described in the annexed entry are, to the best of my knowledge and belief, the identical articles exported from the United States on the day of , 19—, for exhibition at ; that such articles have once paid duty in the United States, and that no drawback of duties has been paid or allowed thereon, or on any part thereof. Declared to this day of , 19—. , Deputy Collector. rdgt Mar 8, Animals of foreign origin taken abroad temporarily tr. Ds. 20819, for exhibition in connection with any circus or menagerie will not be admitted free of duty on their return unless in addition to the foregoing requirements an inventory, CONDITIONALLY FREE ENTRIES. filed by the shipper with the collector at the port of ex- portation in the following form, be produced: Date of Name of Name of Number Value of exportation. | exporter. experure eo animals. Destination. Art. 419. Evidence of exportation.—If it is shown to be impracticable to produce a certificate of exportation, the collector may waive the same and accept other satis- factory evidence thereof. Art. 420. Internal-revenue tax—Drawback.—If any in- ternal-revenue tax was remitted or refunded, or any drawback of duties was paid on exportation of such articles, a duty equal thereto must be collected, and articles manufactured in a bonded warehouse will be sub- ject to duty on reimportation as foreign merchandise. AUTOMOBILES—TEAMS AND OTHER VEHICLES —LOCO- MOTIVES. 221 Art. 421. Automobiles and other vehicles for touring.— oe Automobiles and other vehicles of foreign manufacture, together with their accessories on which duty has been paid, may be taken abroad for touring purposes and returned without the payment of duty on compliance with the following regulations: The article must be submitted to a customs officer for identification prior to exportation. After examination, the customs officer will issue to the owner or shipper a certificate of registration on Customs Form 4445. Upon the return thereof to the United States a formal entry must be made and the certificate of registration filed therewith. If the collector is satisfied that the article returned is the one covered by the certificate of registration and that it has not been advanced in value by alteration or repairs, it may be admitted free. Repairs incidental to use will not subject the Articles to duty. Accessories, alterations, and repairs in excess of such as are incidental to use abroad will be subject to duty. Automobiles and other vehicles of American manufac- ture registered prior to exportation, when accompanying the owner upon his return, if not advanced in value, may 222 T. Ds. 32799, 33806, 34018. T. Ds. 25204, 27708, 31687, 34580, par. 11. T. D. 31687. Act Oct. 3, 1913, par. 398. CONDITIONALLY FREE ENTRIES. be passed free upon the dock on the passenger’s declara- tion and presentation of the certificate of registration. In the absence of a certificate of registration, they may be admitted free under the regulations governing the entry of American goods exported and returned. American automobiles taken across the boundary line into contiguous foreign territory may be passed under the provisions of article 424. Art. 422. Automobiles brought in for temporary stay.— Automobiles of foreign or domestic origin owned abroad and brought across the boundary line by the owners for their personal use may be admitted without formal entry for a stay of not more than 10 days upon the identity of such owner being established by the production of a certificate from the American consul of the district in which he resides, or a certificate from a recognized auto- mobile club, or other satisfactory evidence. If the collector is satisfied that the machine is being brought in for the personal use of the owner, he will pass the same and issue a certificate to the owner on Customs Form 3309, which will be delivered by the owner to the customs officers at the port of exit, and for- warded to the collector at the port of arrival. Art. 423. Foreign-owned teams and vehicles.—Foreign- owned teams and vehicles of persons, known or identified to the customs officers, coming into the United States from foreign contiguous territory, may be admitted for a period not exceeding 10 days free of duty without formal entry being required. If such teams are to remain in the United States for more than 24 hours, a certificate of registration shall be issued to the driver on Customs Form 3305 which will be surrendered by him to the customs officer upon his departure, and mailed to the customs officer who issued the same. Art, 424. American-owned automobiles, teams and other vehicles—A utomobiles, teams and other vehicles, owned in the United States, returning from Canada or Mexico, shall be admitted without formal entry upon their iden- tity being established. To facilitate their identification, certificates of regis- tration may, upon application’ therefor, be issued by customs officers at the port of departure. Art. 425. Immigrants’ teams—Affidavit—Use.—Teams of animals with their harness and tackle, and wagons or CONDITIONALLY FREE ENTRIES. 223 other vehicles, owned by persons immigrating to the United States with their families, if any, and actually used for the purpose of immigrating, may be entered free of duty upon a declaration being filed, made by the immi- grant before a United States consular officer, or before the collector of customs, stating the number and kind of animals, wagons, and other articles that are so owned and used by him for the purpose of immigration, and that the same have been in actual use by him abroad and are not intended for sale. Horses, with their harness, and wagons owned by im- migrants and used by them for the transportation of themselves and luggage to a railway station, and then shipped to the United States where they are again used by such immigrants to reach their destination, are en- titled to entry free of duty under this article. Formal entry will be required of such teams, vehicles, and effects valued at more than $100. Art. 426. Locomotives—When entry required—lLocomo- j03%6° "18088" tives on a continuous route crossing the boundary into’"** the United States shall be allowed to haul their trains to and from the termination in the United States of what is technically known as the “run” of the locomotive without entry or the payment of duty, but such locomo- tives shall not be employed for a continuance of the in- ward trip unless formally entered and duty paid. Customs officers will seize any locomotive used in vio- lation of this regulation. THEATRICAL EFFECTS—MOVING-PICTURE FILMS—COM- MERCIAL TRAVELERS’ SAMPLES. Art. 427. Exportation and return—Theatrical scenery, re properties, and effects, moving-picture films, and com- , , mercial travelers’ samples, of domestic or foreign origin taken abroad for temporary use, may be returned with- out formal entry upon compliance with the following conditions: A detailed descriptive list in duplicate of the articles to be taken abroad shall be presented to the collector of customs at the port of shipment or exit, or to a customs inspector stationed on a train running between points in the United States and foreign contiguous territory. This list shall be verified by a declaration of the manager, ex- hibitor, commercial traveler or agent having knowledge 224 CONDITIONALLY FREE ENTRIES. of the facts before the collector or customs inspector in the following form: I, (manager, exhibitor, commercial traveler, or agent), do hereby declare that the articles described in the at- tached list are being taken abroad for temporary use and are intended to be returned to the United States. A true copy of this list has been filed with the collector of customs at the port of (Name). (Address). day of . Declared before me at 19—. —— this (Collector or inspector). One copy of the descriptive list will be retained at the port where presented, and one copy will be returned to the declarant for presentation to the customs officer at the port of arrival at the time of return of the articles, or to a customs officer stationed in a foreign country when the articles are ready for shipment. Moving-picture films sent abroad for exhibition pur- poses unaccompanied by the owner or exhibitor shall be accorded the same privileges. The affidavit will be modi- fied accordingly. A declaration of the person taking or shipping the articles abroad, or his agent having knowledge of the facts, will be required on their return in the following form: I, ; (Owner, exhibitor, commercial traveler, or agent), having knowledge thereof, do hereby declare that all the articles included in the shipment now presented for examina- tion were taken or shipped from the United States and are the identical articles covered by the descriptive list hereto attached. (Name), (Address). Declared before me at this day of , 19—. (Deputy Collector or Customs Inspector). Customs officers will make a careful examination and comparison of the articles presented for return with the certified descriptive list to prevent the admission of any articles not covered thereby. When examination and comparison of the articles to be returned with the descriptive list are made by customs officers stationed in foreign contiguous territory, the packages shall be corded and sealed, or forwarded in CONDITIONALLY FREE ENTRIES, 225 cars or compartments sealed by customs officers, and manifested in the same manner as personal baggage. Art. 428, Samples to United Kingdom of Great Britain and 31734." 31937; Ireland under reciprocal agreement.—Descriptive lists of °44*1- samples taken to the United Kingdom of Great Britain and Ireland by commercial travelers of the United States under the reciprocal agreement of November 19, 1907, will be required in triplicate, verified by the affidavit of the commercial traveler before a customs officer, show- ing that the samples are for use as models or patterns for the purpose of obtaining orders, and not for sale, and that the lists contain a true and full description of the articles. One copy will be retained, and the others delivered to the commercial traveler—one for the identi- fication of the samples on their return to the United States and one for the use of the British customs au- thorities, which latter must have been attested by a British consular officer in the United States. SAMPLES OF NO COMMERCIAL VALUE. Art. 429. When exempt from duty.—Articles imported 943,P% 39535. for use as samples, such as edgings, laces, pieces of tex- tile fabrics, and similar samples, may be passed free of duty if returned by the appraising officer as samples, not fit for use or sale as merchandise, though having an in- voiced and entered value. Articles claimed to be free as samples if suitable for sale as merchandise, and not indelibly marked as samples, nor cut, punched, or perforated prior to importation, will be assessed with duty. Articles imported for distribution as advertising mat- ter will also be assessed with duty. Art. 430. Examination and record in appraiser’s stores— BReports.—Samples will be examined at the appraiser’s stores, where a record thereof will be kept (Customs Form 3453). All samples reported by the appraiser as “samples of no commercial value” will be delivered to the importer upon presentation of bill of lading, parcel receipt, or other voucher of ownership. The officer in charge of the sample office will make daily report to the collector of all sample packages re- ceived, delivered to importers, transferred to the ap- praiser’s stores, and sent under general order. 31380°—-15——15 226 CONDITIONALLY FREE ENTRIES. ANIMALS—PURE BRED—STRAYING—WILD. iis po aoe! Art. 431. Pure bred—Citizenship of importer—Use.— Animals certified by the Secretary of Agriculture to be pure-bred animals of a recognized breed are entitled to entry free of duty when imported by citizens of the United States for breeding purposes, whether intended to be used by the importer himself or for sale for such purposes. The fact that such animals may be used inci- dentally for driving or working purposes will not exclude them from free entry if they are imported primarily for breeding purposes. Att tagtey” «= Art. 432. Affidavit — Certificate. — There must be filed 31sie, 39776,” With the entry an affidavit on Customs Form 3327 show- ing that the importer is a citizen of the United States, that the animals are imported specially for breeding pur- poses, and that they are identical with those covered by the certificate of pure breeding issued by the Department of Agriculture. Importers should apply direct to the Bureau of Ani: mal Industry of the Department of Agriculture for cer- tificates of pure breeding, forwarding with each applica- tion a vendor’s certificate, the foreign certificates of regis- tration, and an affidavit stating that the animals are identical with those covered by the foreign certificates. The port of entry and date of arrival should be given. Certificates of pure breeding will be forwarded by the Bureau of Animal Industry direct to the collector of customs. T. D. 31147. Art. 433. Bond for production of evidence—Stipulation.— If the required affidavit or certificates can not be filed at the time of entry, a bond (Customs Form 3375) may be given by the importer in double the amount of the esti- mated duties for the production thereof within six months. Such bond will be canceled only upon the production of the required evidence or on payment of duties. Should the importer so elect, estimated duties may be deposited and a written stipulation filed with the col- lector within 10 days after the date of entry to produce the affidavit and certificate of pure breeding within six months from the date of entry, whereupon the liquida- tion of the entry will be suspended. CONDITIONALLY FREE ENTRIES. Art. 434. Straying or driven across boundary for pastur- age—Offspring.—Horses, mules, and asses straying across the boundary line into any foreign country, or driven across such boundary line by the owner for temporary pasturage purposes only, may be brought back to the United States within six months, together with their offspring, free of duty. If not brought back to the United States within six months such animals are dutiable. Upon driving such animals across the boundary line for pasturage purposes, the owner must file with the col- lector of customs a descriptive list, stating the number of animals, their sex, and marks or brands. Upon the return of such animals within six months they will be passed without formal entry upon their identity with the animals described in such descriptive list being established to the collector of customs, and upon a declaration of the importer being filed in the following form: I, , do solemnly declare that I am a resident of , that the animals now being returned to the United States are the identical animals described in the list filed with the col- lector of customs at the port of , on the day of , 19—. and that the same were driven across the boundary line by for temporary pasturage purposes only. I further declare that — of their offspring accompany said animals, Dated at , the day of , 19—. Animals which have strayed across the boundary line may likewise be returned, together with their offspring, without formal entry at any time within six months thereafter, upon the collector being satisfied that such animals are owned in the United States and that they did in fact stray across the boundary line. Art. 435. Wild animals—Zoological collections.—Wild , animals imported for exhibition in zoological gelleg 4 tions for scientific and educational purposes will be admitted free of duty upon a declaration by an officer of the importing institution being filed with the entry that the animals are specially imported for scientific and edu- cational purposes as the permanent property of the insti- tution, and not for sale or profit. When such animals are imported for menageries and similar institutions they are subject to duty. 227 Act Oct. 3, 1913, ve 397 and 404 Ja Oct. 3, 228 Act Oct. 3, 1913, par. 561. T. Ds. 28768, 29143, 31028, 31173, 31534, 32138, 33279, 33330, 34188. T. D. 32138. CONDITIONALLY FREE ENTRIES. PRODUCTS OF AMERICAN FISHERIES. Art. 436. American fishery defined—Character of prod- ucts.—Fish or other marine products taken in American waters or on the high seas by an American vessel and brought into port by the vessel taking the same are not imported from a foreign port, and no entry therefor is required. Under paragraph 561 of the tariff act the prod- ucts of American fisheries are entitled to entry free of duty. American fishery within the meaning of said para- graph is defined as a fishery operated under the Amer- ican flag by American vessels in foreign waters, in which such vessels have the right, by treaty or otherwise, to take fish and other marine products. The employment of foreign fishermen either as mem- bers of the crew or under the supervision of the master or crew of an American vessel is allowed. The purchase by the owner, agent, master, or crew of an American ves- sel of fish or other marine products taken by the citizens of another country in foreign waters will subject such fish to duty. The products of such fisheries may include fish, oil, bone, sponges, turtles, and all other marine products. Art. 437. Affidavit—Manifest—Whether such products are imported in the vessel by which the same are taken or by another vessel, an affidavit by the master of the vessel by which or under whose supervision they were taken will be required on entry, which must be verified by affidavits of at least two members of the crew. If landed on the shore and afterwards transshipped to this country in another vessel or conveyance, an affidavit of the person in charge when so landed will be required in addition to the affidavits of the master and crew specified above. An affidavit will also be required of the master of the vessel bringing the “catch” into port showing when, where, and from whom he received the same. In case of transshipment to railroad cars, such affidavit shall be made by the agent of the railroad company having knowledge of the facts. Such affidavits may be made before a Treasury agent designated by the Department, before any United States consul, or any collector or deputy coilector of customs, or before any notary public or other officer having a seal and CONDITIONALLY FREE ENTRIES. authorized to administer oaths. If impracticable to have affidavits sworn to before such officers, the same may be executed before two reputable merchants. In case of importation of such products by a vessel other than the one by which the same was taken, a mani- fest showing transshipment must be produced. The manifest should be certified at the port of transshipment in the following form: Manifest of products of American fisheries. Packages and contents. Marks. Port ofentry.| Consignee. Value. I, . American consul at (or we, and , merchants residing at ), do hereby certify that I am (or we are) informed and believe that the fish hereinbefore described were taken in the waters of by the American fishing vessel . documented under the laws of the United States at the port of , and that the same have been transshipped at — to the for shipment to the port of Should there be no United States consul at the port of transshipment such manifest may be certified by a Treas- ury agent designated by the Department, and in the absence of such officer by two reputable resident mer- chants. GRAIN FROM CANADA TO BE GROUND AND RETURNED. Art. 488. When exempt.—Grain brought into the United ,, States in wagons or other ordinary road vehicles by farmers residing in the Dominion of Canada, tobe ground by mills owned by citizens of the United States, shall not be liable to duties; but entry shall be made and duties paid upon all such grain as shall be received by mill owners as tolls for such grinding. Art. 439. Bond.—A bond will be executed by the owners or managers of such mills to secure the payment of duties on all such grain received as tolls. Art. 440. Citizenship—Accounts—Sworn statements—A. statement from the owners of the mill, showing that they are citizens of the United States, must be filed with the collector. An account will be kept by the miller, in a 229 Act Jan. 9, 83. 230 CONDITIONALLY FREE ENTRIES. proper register, to be open to inspection by any customs officer, showing the name of the farmer bringing any such grain to the mill, the nature of the grain, the date of its receipt by him and of its delivery, the quantity re- ceived at the mill, the quantity of flour delivered to the farmer, and the quantity of grain taken as tolls for grinding. The miller will produce a sworn statement of such quantities at the end of each month to the collector, and shall then enter the grain received as tolls and pay the duties due thereon. Art, 441. Exportation—Mixing.—Duties must be paid on any grain, or manufactures thereof, not removed from the mill for transportation to Canada within one month from the date of its receipt by the miller. Such grain may be mixed, provided the entire product of the grinding be returned to Canada, with the exception of the tolls and other portions on which duty has been paid. CHAPTER VIII. PACKING, STAMPING, AND MARKING; TRADE-MARKS; COPY- RIGHTS. PACKING AND STAMPING. | TRADE-MARKS AND TRADE NAMES, Art, Art. 442. Cigars, cheroots, and cigarettes. 451. Articles not properly marked. 443. Cigars, cheroots, and cigarettes— | 452. Prohibition of entry. Packing—Seizure. 453. Trade-marks—Registration. 444. Packing and stamping of tobacco | 454. Trade names—Registration. and snuff, 455. Illegal importations. 445. Oleomargarine — Detention — Re- | 456. Name or mark inducing belief of ports. American manufacture. 446. Packing—Stamping. 457. Detention—Exportation. 447. Delivery—Penalty. 448. Customs stamps for wines, spir- CORY RIGHTS: its, and liquors. 458. Piratical copies. 449. Marking and stamping of wines, | 459. False notice of copyright. spirits, and liquors. 460. Books — Periodicals — Newspa- MARKING COUNTRY OF ORIGIN. pense Ma racHinine Sean : ments. 450. Marking of articles and pack- | 461. Exportation. ages. PACKING AND STAMPING. Art. 442. Cigars, cheroots, and cigarettes—Stamping.—Al] 8. 8; 3402, cigars, cheroots and cigarettes shall, on importation, be 1894 s¢ 265 5, placed in the public stores or in a designated bonded Ue eis warehouse, to remain until inspected, weighed, and *% 1): 835,% stamped under both customs and internal-revenue laws. 31322 33743 23887, 30719, 34333. The inspecting officer will affix a customs stamp to each ,,7,Ds- 10381, box of cigars or cheroots, and cancel the same by placing thereon his name, that of the port of entry, a serial num- ber, and the name of the importing vessel. This will be done after the cigars or cheroots have been examined, weighed, and appraised by the appraising officer, and before they are delivered. The inspecting officer will also see that the required internal-revenue stamps are placed upon all boxes of cigars or cheroots, at the expense of the importer, before they are delivered. 231 2382 PACKING, STAMPING, AND MARKING. Customs as well as internal-revenue stamps will be affixed to all packages of imported cigarettes, and be can- celed by a stencil plate or other implement bearing the facsimile of the inspector’s signature. The appraising officer will report to the collector all importations of cigars, cheroots and cigarettes not in legal packages. T. D. 25977. Inspectors will affix customs stamps to all domestic cigars, cheroots and cigarettes returned, and write across the face of the stamp in red ink the words “American goods returned ” and his initials. They must be packed in the same manner as other imported cigars, cheroots or cigarettes. Imported cigars, cheroots and cigarettes will be weighed in the following manner: Fairbanks’ scales No. 596 will be used, the fraction less than one-eighth ounce being disregarded. The cigars, cheroots and cigarettes must be weighed with an even beam, down weight not being given. An accurate record of the valuation, weight, brands, etc., of all cigars, cheroots and cigarettes will be kept at each port. A separate serial number must be applied to each im- portation of cigars, cheroots and cigarettes made by indi- vidual importers or firms and not to each box. S., 3402, Art. 443. Cigars, cheroots, and cigarettes—Packing—Seiz- hat ‘Aug. 28, Asst, sec. 26: ure.—No cigars or cheroots shall be imported unless the 1808; see 823 same are packed in boxes of 5, 10, 12, 13, 25, 50, 100, 200, aoa IV,250, or 500; or cigarettes, anless 3 in packages containing wie ee 5, 8, 10, 15, 20, 50, or 100. Cigars, cheroots and cigarettes 21743, 34630, not cantare | in such packages at the time of importation may be repacked therein under customs supervision at the expense of the importer. T. D. 11131. No entry of cigars, cheroots or cigarettes shall be al- lowed of a less quantity than 3,000 in a single shipping case or package. sae Collectors should seize cigars, cheroots or cigarettes imported contrary to law. Act Aug. 5, Art, 444. Packing and stamping of tobacco and snuff.— act’ oct. 3 3, All smoking tobacco, snuff, fine-cut chewing tobacco, all pars oy cut and granulated tobacco, all shorts, the refuse of fine- cut chewing, which has passed through a riddle of 36 meshes to the square inch, and all refuse scraps, clippings, cuttings, and sweepings of tobacco, and all other kinds PACKING, STAMPING, AND MARKING. of tobacco not otherwise provided for, must be packed in packages containing } ounce, ? ounce, 1 ounce, 1} ounces, 14 ounces, 13 ounces, 2 ounces, 24 ounces, 24 ounces, 2% ounces, 3 ounces, 34 ounces, 34 ounces, 33 ounces, 4 ounces, 6 ounces, 7 ounces, 8 ounces, 10 ounces, 12 ounces, 14 ounces, and 16 ounces, except snuff in blad- ders or jars, which may contain not exceeding 20 pounds, or cavendish plug and twist tobacco, in wooden packages, not to exceed 200 pounds net weight. This applies to imported tobacco, and therefore no manufactured tobacco or snuff will be delivered from customs custody unless properly packed and the internal revenue stamps have been affixed and canceled by the importer. Any customs officer who permits imported manufac- tured tobacco to leave customs custody without the re- quired stamps being affixed is subject to a fine and imprisonment. When manufactured tobacce or snuff is imported in packages other than those hereinabove described, it may be repacked by the owner or importer in customs cus- tody. If necessary the collector may cause such tobacco or snuff to be transferred to a bonded warehouse, to be designated by him, for the purpose of repacking and stamping. Any person who sells, or offers for sale, any imported manufactured tobacco or snuff not properly packed and stamped is liable to a fine and imprisonment, and every collector of customs who permits such tobacco or snuff to be removed from customs custody without compliance by the owner with the provisions of the law is liable to a fine and imprisonment. On returned American-manufactured tobacco the word “tobacco” shall be written across the vignette of the stamp, and the serial number must be stricken out. Art. 445. Oleomargarine—Detention—Reports.—All im- ported oleomargarine, and imported articles suspected of being oleomargarine, will be detained by the collector, and the facts reported to the Department and to the internal-revenue agent at the port, or, if none, then to the collector of internal revenue of the district, to whom such samples shall be furnished as may be requested. Art. 446. Packing—Stamping.—Imported oleomargarine must be put up in wooden packages of not less than-10 233 R. S., 3377. Act Aug. 2, 1886, sec. 10, T. D. 32237. Db. 3223 234 PACKING, STAMPING, AND MARKING. pounds each. The internal-revenue stamps must be affixed and canceled by the importer or owner while it is in customs custody. Stamps will be sold to the importer or owner by the collector of internal revenue upon the requisition of the collector of internal revenue upon the requisition of the tially the following form: OFFICE OF THE COLLECTOR OF CUSTOMS, » 19—, Siz: This is to certify that the following-described oleomar- garine, viz: Number of pack- Date of impor- Marks. ages. tation. Import vessel. Pounds. is now in my custody, and you are therefore requested to sell and deliver to . the owner or consignee thereof, the proper kind and quantity of stamps to stamp the same, as re- quired by law. (Signed) —_—__ , Collector. (Collector’s seal.) To ——, Esq, Collector, District of Art. 447. Delivery—Penalty—No imported oleomar- garine shall be delivered by the collector for consump- tion until the proper internal-revenue stamps have been affixed and canceled. Any collector of customs who per- mits oleomargarine to pass out of his custody before it is stamped and packed is liable to a penalty of not less than $1,000 nor more than $5,000, and to imprisonment for not less than six months nor more than three years. Every person who sells or offers for sale any imported oleomargarine, or oleomargarine purporting or claimed to have been imported, not put up in packages and stamped as provided by law, is subject to a fine of not less than $500 nor more than $5,000, and imprisonment for not less than six months nor more than two years. igs aa 1, Art. 448. Customs stamps for wines, spirits, and liquors.— ‘a A par 2 ns Imported wines, ginger cordial, and vermuth, contain- #-ing more than 24 per cent of alcohol, will be classed as 11959, ‘alee 35265, spirits, and pay duty accordingly. PACKING, STAMPING, AND MARKING. The customs stamps for imported liquors will be of three kinds and colors, viz: Those printed in black for imported distilled spirits, those printed in brown for imported wines, malt liquors, and fruit juice containing alcohol or spirits, and those printed in green for re- turned American distilled spirits. The stamps will be prepared in books of 50 or of 200 stamps each, and a moderate supply of these stamps will be furnished by the department on requisition therefor, at such ports as have actual use for them. Collectors will cause the blanks provided in the stamps to be filled in by inserting the date when issued, the port of importation, the name of the vessel and date of ar- rival, the number of wine gallons, and, in the case of spirits, the number of proof gallons contained in the package, and the commercial name of the wine or liquor contained therein; the name of the importer, or entry number, and, if warehoused, the bond number, and the stamp will be signed by the officer who gauges the package. . 235 Art. 449. Marking and stamping of wines, spirits, and Act Mar. 1, 1879. , sec. 11. liquors.—Before the removal of any package of imported gouiee™ 3989 wines, liquors, or spirits imported in casks or similar 8. 8., 2885. packages, the gauger will make a careful gauge of each package without regard to the marks or brands already on such package, and will cut upon the bung stave or upon the staves adjoining such bung stave, when the lat- ter is covered with old marks, the number of wine gallons and, in the case of spirits, the proof, outage, and the number of proof gallons. He will also cut or mark upon the head of the package in letters at least one-half inch in length the date of inspection, the serial number of the stamp affixed, and the name of the spirits, wines, malt liquors, or fruit juice contained therein as known to the trade. Packages which have no numbers will be marked with a gauger’s number. He will also affix a stamp to each package indicating the date and particulars of such inspection. Each stamp must be tacked with eight tacks and immediately canceled by means of a stencil plate having five parallel waved lines long enough to extend 1 inch beyond each end of the stamp on the wood of the cask. A coating of transparent varnish or other suitable substance should be applied to protect and preserve the stamp after it has been affixed and canceled. 236 PACKING, STAMPING, AND MARKING. At the close of each month the stubs of the stamps will be compared with the report of the gauger by an officer to be designated by the surveyor, or by the collector at a port where there is no surveyor, and when-all the stamps have been used the book of stubs will be filed in the col- lector’s office with the certificate of the proper officer at- tached that the stubs therein have been examined and found to agree with the stamps used, as per gauger’s report. MARKING COUNTRY OF ORIGIN. rots’ Oct; @ Art. 450. Marking of articles and packages.—All articles par. F, subsec. of foreign manufacture or production which are capable 3003)" 30043, 0f being marked, stamped, branded, or labeled without 201k, Sager injury must be marked, stamped, branded, or labeled so as to indicate the country of origin, in legible English words, in a conspicuous place that shall not be covered or obscured by any subsequent attachments or arrange- ments. Such marking, stamping, branding, or labeling must be as nearly indelible and permanent as the nature of the article will permit. If any article is found upon examination not to be marked to indicate the country of origin it shall not be delivered until so marked at the importer’s expense. Articles are not required to be marked to indicate the quantity, weight, or measurement thereof, but if so marked the marking must be in accordance with the facts, and articles inaccurately marked to indicate their quantity, weight, or measurement will not be delivered until the marking is changed to conform to the facts. All packages containing imported articles must be marked to indicate the country of origin, and also to show the quantity of their contents. If any package is not so marked it shall not be delivered until properly marked under customs supervision at the importer’s ex- ense. ‘vie wee tae Imported knives, razors, erasers, scissors, shears, forks, and 1°0. 4384, and steels must have the name of the maker or purchaser, and beneath the same the name of the country of origin marked thereon, in accordance with the provisions of paragraphs 128 and 130 of the act of October 3, 1913. 1913. oe Watch and clock dials, whether or not attached to 7. D. 30281. movements, must have indelibly painted or printed thereon the name of the country of origin; and all watch PACKING, STAMPING, AND MARKING. movements and plates, lever clock movements with jewels in the escapement, whether imported assembled or Imocked down for reassembling, and all watch cases of foreign manufacture, shall have the name of the manu- facturer and country of manufacture cut, engraved, or diesunk conspicuously and indelibly on the plate of the movement and the inside of the case, respectively, and the movements and plates shall also have marked thereon by one of the methods indicated the number of jewels and adjustments, said numbers to be expressed either in words or in Arabic numbers, and if the ‘movement is not adjusted the word “ unadjusted ” shall be marked thereon as above indicated. Watch movements having no jewels must be marked “no jewels”, and those having neither jewels nor adjust- ments must be marked to indicate that fact. Art. 451. Articles not properly marked.—The appraiser 237 T. D. 30281, T. Ds. 20178, 22496, 26017, will report all articles and packages found by him not 29970, 33315. properly marked to the collector, who will notify the importer to redeliver the unexamined packages or to ar- range to mark the same and their contents under customs supervision. The importer may be permitted to mark examination packages and their contents in the appraiser’s stores, and if that be impracticable the same may be turned over to the importer for marking under customs supervision. If the importer fails to mark such merchandise the collector shall require the same to be exported or shall send it to the general order stores and sell the same as abandoned merchandise upon the condition that it be marked by the purchaser under customs supervision. Merchandise entered for immediate exportation or in transit through the United States to a foreign country is not required to be marked to indicate the country of origin. TRADE-MARKS AND TRADE NAMES. Art. 452. Prohibition of entry—Entry is prohibited of imported merchandise which shall copy or simulate the name of any domestic manufacture or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of the acts approved Act Feb. 20, 1905, sec. 27; act ay 4 AU06 rs o74ie, So078. 6198, 238 T. D. 26198. T. D. 26198, PACKING, STAMPING, AND MARKING. February 20, 1905, and May 4, 1906, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured. Art. 453. Trade-marks—Registration—Domestie or for- eign manufacturers or traders, to avail themselves of the privileges of the law concerning trade-marks, are re- quired to register their trade-marks with the Commis- sioner of Patents before the Treasury Department can act. Applications for the recording of trade-marks with the Treasury Department must state the name of the owner, his residence, and the locality in which the goods are manufactured, and be accompanied with one certified copy of the certificate of registration issued by the Com- missioner of Patents in accordance with the act of Feb- ruary 20,1905. The application will also state the names of the ports to which the facsimiles are to be sent and be: accompanied by one certified copy of the statement and declaration and one facsimile for each port men- tioned and three additional copies for the files of the department. Art. 454, Trade names—Registration—To register the trade name (not a trade-mark) of a domestic manu- facturer or trader, the application must be made to the Treasury Department, and be accompanied by proof that the applicant has the sole and exclusive right to the use of such trade name, and a statement of the country or locality in which his goods are manufactured, which proof shall be in the form of affidavits by the owner or owners and other persons having knowledge of the facts. Such applications should state the names of the ports of entry at which the trade name is to be recorded. Affidavits accompanying applications to record the trade names of foreign manufacturers or traders should be acknowledged before an American consular officer. Art. 455. Illegal importations—The collector upon re- ceiving notice from the department of the recording of a trade name or trade-mark, together with facsimile copies thereof, will issue instructions to prevent the unauthorized entry at the customhouse of articles bear- ing marks or names copying or simulating the same. PACKING, STAMPING, AND MARKING.. No fees are charged for recording: trade-marks or trade names in the Treasury Department. Art. 456. Name or mark inducing belief of American manufacture.—Especial attention is invited to the prohi- bition against entry of articles which “shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured,” and collectors and other officers of the customs are instructed to use diligence to prevent viola- tions of this provision. Art. 457. Detention—Exportation—Customs officers will detain, but not seize, articles imported in violation of the trade-mark laws. Such articles may, upon the request of the importer, be exported under customs supervision. If no request is made for permission to export, the col- lector will report the facts to the department for in- structions. Should the violation not be discovered until after entry and payment of duty, the entry may be canceled and the duty refunded upon exportation of the articles. COPYRIGHTS. Art. 458. Piratical copies—Piratical copies of any work ‘ copyrighted in the United States are prohibited importa- tions. “Piratical copies” are defined to mean either actual copies or substantial reproductions of legally copyrighted works, produced and imported in contravention of the rights of the copyright proprietor. Collectors will admit to entry imported articles, in- cluding moving-picture films, concerning which either (a) adverse copyrights are claimed by parties in interest, or (0) an infringement only is claimed. In such cases the copyright claimants will be remitted to their remedies at law or equity. Collectors will not permit delivery of imported ar- ticles if either (a) representations are made that they are piractical copies and such representations are not de- nied by the importers, or (0) if the collector is satisfied that they do, in fact, constitute piratical copies as above defined and not mere infringements. _ 909. 239 T. D. 26198, T. D. 19265. Act Mar. 4, , sec. 30. T. D, 33258. 240 T. D. 20430. PACKING, STAMPING, AND MARKING. Collectors will detain articles covered by the preceding paragraph, and report the facts to the department for instructions. If the collector is not satisfied that an imported ar- ticle is a piratical copy, and the importer files an affi- davit denying that it is in fact such a piratical copy, and alleging that the detention of the article will result in a material depreciation of its value, or loss or damage to him, the article will be admitted to entry unless a writ- ten demand for its exclusion is filed by the copyright pro- prietor or other party in interest, setting forth that the imported article is a piratical copy of an article legally copyrighted in the United States, and unless there is also filed with the collector a good and sufficient bond conditioned to hold the importer or owner of such article harmless from any loss or damage resulting from its de- tention in the event that the same is held by the depart- ment not to be prohibited from importation under section 30 of the act of March 4, 1909. Upon the filing of such demand and bond the collector will cause the article to be detained, and will fix a time at which the parties in interest may submit evidence to substantiate their respective claims, which evidence shall be reduced to writing, at the expense of the parties in in- terest, and transmitted by the collector to the department with such report and recommendations as he may deem proper. No article will be presumed to be prohibited from entry as a piratical copy under said act, and the burden of proof that any article is in fact a piratical copy will be upon the party making such claim. If the article is held by the Department to be a — piratical copy, its seizure and forfeiture will be directed in accordance with section 32 of the copyright act and the bond will be returned to the copyright proprietor, but, if not so held, the collector will be directed to re- lease the article and transmit the bond to the importer. Art. 459. False notice of copyright——Books, periodicals, newspapers, music, moving-picture films, and other ar- ticles, which bear a false notice of copyright; that is, words indicating that they have been copyrighted in the United States when they have not in fact been so copyrighted, are prohibited from importation. If the collector is satisfied that such importations are made without any willful intent to violate, the law he PACKING, STAMPING, AND MARKING. may permit the same to be exported under customs su- pervision, or may permit delivery upon the false notice of copyright being removed or obliterated. Art. 460. Books—Periodicals—Newspapers—Manufactur- ing requirements.—No copies of books, periodicals, or newspapers copyrighted in the United States (except such as are specifically mentioned in this article) may be imported unless both printed and bound in the United States, and furthermore, printed from type set in the United States or from plates made in the United States from type set therein; and if produced by lithographic or photo-engraving process, then such process must be wholly performed in the United States. Such require- ments extend to illustrations and to separate lithographs and photo-engravings, except those representing subjects located in a foreign country and those illustrating a sci- entific work or reproducing works of art. Therefore delivery will not be permitted of copies of any books copyrighted in the United States which were not produced in accordance with the above paragraph, unless coming within the following classes: (1) Works in raised characters for the use of the blind. (2) Books of foreign origin in a language or lan- guages other than English. . (3) Books published abroad in the English language seeking ad interim protection under the copyright act. (4) Foreign newspapers or magazines, although con- taining matter copyrighted in the United States, printed or reprinted by authority of the copyright proprietor, unless such newspapers or magazines contain also copy- righted matter printed or reprinted without such au- thorization. (5) An authorized edition of a book in a foreign lan- guage or languages of which only a translation in Eng- ,Jish has been copyrighted in the United States. (6) Any book published abroad with the authorization of the author or copyright proprietor when imported under the following circumstances: (a) When imported not more than one copy at one time, for individual use, and not for sale; but such privi- lege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States. 3130°—15——16 241 Act Mar. 1909, secs. 1 ane a 30136. 381754. 22781, "30414, 242 Act Mar. 4, 1909, sec. 32, PACKING, STAMPING, AND MARKING. (6) When imported by the authority or for the use of the United States. (¢) When imported for use and not for sale, not more than one copy of any such book in any one invoice, in good faith, by or for any society or institution incorpo- rated for educational, literary, philosophical, scientific, or religious purposes, or for the encouragement of the fine arts; or for any college, academy, school, or seminary of learning, or for any State, school, college, university, or free public library in the United States. (d) When such books form parts of libraries or collec- tions purchased en bloc for the use of societies, institu- tions, or libraries designated in the foregoing paragraph, or form parts of libraries or personal baggage belonging to persons or families arriving from foreign countries, and are not intended for sale. Art. 461. Exportation— Authorized editions of copy- righted books imported in violation of the copyright act may, under customs supervision, be returned to the coun- try of exportation whenever it is shown in a written ap- plication to the satisfaction of the Secretary of the Treas- ury that such importation was not due to willful negli- gence or fraud. CHAPTER IX. EXAMINATION, CLASSIFICATION, AND DISPOSITION OF SPECIAL CLASSES OF MERCHANDISE. FOODS, DRUGS, INSECTICIDES, AND FUNGI- CIDES, Art, 462. 463. 464. Invoices—Declaration. Definitions, Marking of quantity on food packages, Laboratory district and branch laboratories. Examination of invoices — Ap- praisement. 465. 466. PROCEDURE AT LABORATORY PORTS. 467. 468. Samples. Notice to consignee regarding samples. Detention of invoice prior to re- ceipt of examination packages. 470. Delay of appraisement. 471. Examination of cases not ordered to public stores. Immediate - transportation ments. 473. Delivery under bond. 474. Rejected goods. 475. Suspension of liquidation. 476. Expenses—Lien. 469. 472. ship- PROCEDURE AT NONLABORATORY PORTS. 477. Notice of receipt of invoices. INSPECTION AND DISPOSITION OF MEAT AND MEAT FOOD PRODUCTS. 478. Meat food products defined. 479. Inedible grease, tallow, and fat. 480. Foreign certificates of inspec- tion. 481. Inspection. 482. Release. 483. Rejection—Disposition. PLANTS AND NURSERY STOCK. Art. 484. Permits—Marking. 485. Definitions, 486. Documents required on entry. 487. Release under bond. 488. Unclaimed shipments, 489. Detention. 490. Disposition—Refund of duty. SEEDS ADULTERATED OR UNFIT FOR SEED- ING PUEPOSES. Prohibited importation Sampling. Samples—Where sent. Notice to consignee. Examination of seeds—Delivery in bond. 496. Release—Recleaning. 497. Disposition of refuse. 498, Additional samples. 499. Reports of collectors. 500. Appeals. 491. 492. 493. 494. 495. VIRUSES, SERUMS AND TOXINS FOR TREAT- MENT OF DOMESTIC ANIMALS. 501. Importation prohibited. 502. Detention—Samples. 503. Disposition. VIRUSES, SERUMS, AND TOXINS FOR THE TREATMENT OF MAN. 504 Licensed establishment. 505. Labels—Samples. 506. Detention—Examination —Dispo- -Sition, INSPECTION AND QUARANTINE OF ANI- MALS, HIDES, FEED STUFFS, AND RAGS. 507. Animals—Prohibited importation. 508. Animals—Prohibited landing. 509. Entry and release of animals sub- ject to inspection and quaran- tine. 243 244 Art. 510. Hides of neat cattle, glue stock, bones, horns, fleshings, cuttings, parings, and parts of hides. 511. Hay, straw, and feed stuffs— Wool and hair. 512. Disinfection of rags. WILD ANIMALS, INSECT PESTS, BIRDS. 513. Species absolutely prohibited. ENTRY AND EXAMINATION OF TEAS, AND SPECIAL CLASSES OF MERCHANDISE. Art. 536. Inspection of matches for expor- tation. BIRDS’ EGGS AND PLUMAGE, 587. Eggs of game birds. 538. Aigrettes and other plumage— Prohibited. FUR SKINS. 539. Fur-seal skins prohibited. 540. Fur skins permitted entry. 541, Evidence of origin. 514. hibited. : 515 real ae 542. Skins taken by the Indians or 2 ton a. Aleuts. 516 Saraples Sv aeaniuation 543. Skins of Russian or Japanese ‘ Sie ae : origin. Blt. ee ers WIEN) 544 ‘Gonlskin garments—Waste. 518. Examination for dutiable articles. OPIUM. 519. Supervising examiner — Samples | 545. Opium — Preparations — DEENA: forwarded to. tives—Definitions, 520. Reports. 546. Places of importation—Quantity. 521. Rejection—Notice to importers. 547. Affidavit on entry. 522. Protest—Reexamination. 548. Withdrawal from warehouse— 523. Decision of general appraisers Payment of duty—Exportation. final—Notice of. 549. Record by importers. a ee es MISCELLANEOUS PROHIBITED ARTICLES. 526. Reimportation rejected teas—For- 550. Obscene and immoral articles. feiture. 551. Penalty. 527. Destruction. 552. Falsely marked or stamped arti- 528. Retention of samples. cles of gold and silver. 529. Commercial samples. 553. Examination—Detention. 530. Surplus samples—Disposition of. | 554 Penalty. 581. Standard samples—Distribution— 555. Pictorial representations of prize Sale fights. Sidi 556. Liquor in containers of illegal ° size. 582. Regulations of 1908 extended. 557. Liquors in less than 10gallon WHITE PHOSPHORUS MATCHES. casks. 583. Certificate of inspection. 558. Liquors not properly marked. 5384. Importer’s declaration. 559. Convict-labor goods, 535. Exportation of matches. 560. Counterfeits of coins or securities. FOODS, DRUGS, INSECTICIDES, AND FUNGICIDES, 1908" June 30, Art. 462. Invoices—Declaration—All invoices of foods, eet Aer 26, ‘drugs, insecticides, fungicides, lead arsenates, and Paris T. Ds.,31088, oreens shipped to the United States must have attached thereto a declaration of the shipper, made before a United States consular officer on Consular Form 198, if 51703, 31847. SPECIAL CLASSES OF MERCHANDISE. 245 foods or drugs, or on Consular Form 218, if insecticides. fungicides, lead arsenates, or Paris greens. Even though otherwise declared on the invoice or entry, all substances ordinarily used as foods or drugs or insecticides or fungicides will be treated as such. Shipments of substances ordinarily used as foods or drugs, intended for technical purposes, must be accom- panied by a declaration stating that fact. If the Secre- tary of Agriculture shall so recommend, any such sub- stances may be required to be denatured under super- vision of that department. Art. 463. Definitions—The word “food” includes all , Act June 30, articles used for food, drink, confectionery, or condiments wget 2505, by man or other animals, whether simple, mixed, or com- 35080. pound. The word “drug” includes all medicines and prepa- rations recognized in the United States Pharmacopceia or - National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of man or other animals. The term “insecticide” includes any substance or mix- , ghet Bon 26, : . sec. 6. ture of substances intended to be used for preventing, destroying, repelling, or mitigating any insects which raay infest vegetation, man or other animals, or house- holds, or be present in any environment whatsoever. The term “fungicide” includes any substance or mix- ture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environ- ment whatsoever. Art. 464, Marking of quantity on food packages—The , Act June 30. x quantity of the contents of food in package form must #mended oy be plainly and conspicuously marked in terms of weight, 19! measure, or numerical count on the outside of the cover- ing or container usually delivered to customers, and the quantity of the contents so marked should be the amount of food in the package. The marking must not be a part of or obscured by any legend or design, and must be so placed and in such characters as to be readily seen and clearly legible, and must be in accordance with the regu- lations prescribed in T. D. 34509, until amended or superseded. 246 T. Ds. 3! 31251, ageee" 34536. Act June 30, 1906, see. 11; act Apr. 1910, sec. 11. SPECIAL CLASSES OF MERCHANDISE. Art. 465. Laboratory districts and branch laboratories. The Secretary of Agriculture has established branch laboratories at several ports of entry for the examination of products subject to the food and drugs act of June 30, 1906, and for the collection of specimens of products subject to the insecticide act of April 26,1910. A list of ports at which branch laboratories are located, and also of the ports located in the districts under each laboratory, will be published from time to tinie in the Treasury Decisions. Ports at which branch laboratories are lo- cated will be known as laboratory ports; other ports will be known as nonlaboratory ports. Art. 466. Examination of invoices—Appraisement.—The ; appraiser shall permit representativ es of the Department of Agriculture to examine invoices of shipments of foods, drugs, insecticides, fungicides, Paris greens, and lead arsenates, and assistant appraisers and examiners will not allow invoices to pass finally from their custody until the invoices have been so examined. PROCEDURE AT LABORATORY PORTS. Art. 467. Samples——If samples are desired at laboratory ports, the representative of the Department of Agricul- ture will attach to the invoice a request in the following form: United States Department of Agriculture, Bureau of Chemistry. Food products. Food Laboratory No. —. Sample requested. Marks and Nos. Article. Amount Sample{prered a 2: Examiner. - Chemist in Charge, Food and Drug Inspection Laboratory. Port of —. Samples with complete labels will be delivered by the appraiser or collector to the food and drug inspection laboratory immediately. When samples are taken from bulk goods a complete description of the label on the package should accompany each sample. Special note should be made of any statement on the package of any added substance. SPECIAL CLASSES OF MERCHANDISE. If no samples are requested the invoice will be so stamped by the representative of the Department of Agriculture. The appraiser, before returning the invoice, will see that it bears one of these evidences of examination. Art. 468. Notice to consignee regarding samples.—The ap- praiser shall immediately notify the consignee that samples have been, or will be, taken, and that if found in violation of law he will be given further notice and an opportunity to appear before the representative of the Department of Agriculture to show cause why the goods should not be destroyed or exported. Art. 469. Detention of invoice prior to receipt of exami- nation packages.—If the representative of the Department of Agriculture desires to examine merchandise which has not yet been received in the appraiser’s stores, he will attach to the invoice a detention slip in the follow- ing form: FOOD PRODUCTS. INVOICE DETENTION SLIP. Action deferred for examination of public-store cases. Marks and numbers Chemist in Charge Food and Drug Inspection Laboratory. When this slip is attached the invoice will be held for further action by the representative of the Department of Agriculture. Art. 470. Delay of appraisement—The appraiser will delay the return of the invoice and withhold delivery of the packages, pending examination by the repre- sentatives of the Department of Agriculture, only upon their written request specifying the particular shipment to be held and stating the reasons therefor. | Art. 471. Examination of cases not ordered to public stores.—If at the time of inspection of any invoice by the representative of the Department of Agriculture it shall be found necessary to inspect packages not ordered to the public stores, the same may be ordered in the usual manner, or verified samples procured for the use of that department. . Art. 472. Immediate-transportation shipments.—Samples required from shipments entered under the immediate- transportation act will be taken at the port of destina- tion, and not at the port of first arrival. 247 T. D. 24649. 248 SPECIAL CLASSES OF MERCHANDISE. Gon i Art. 473. Delivery under bond.—Goods which have been 5 Apr. 26, sampled may be delivered to the consignee pending ex- amination and decision in the matter on the execution of a bond on Customs Form 3385 or 3387 for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal of the consignee to return such goods for any cause to the custody of the collector when demanded, for the purpose of excluding them from the country or for any other purpose, said consignee shall forfeit the full amount of the bond. iso eee Art. 474. Rejected goods.—If upon examination it be 76. or uy, °** found that the goods are not entitled to admission, the representative of the Department of Agriculture will give notice thereof to the importer, and will also notify the collector. Upon receipt of such notice the collector or appraiser will refuse delivery of the examination packages, and if a redelivery bond was given on entry will demand the return of the unexamined packages under the terms of the bond, and will require the goods to be destroyed if not exported under customs supervi- sion within three months from the date of the notice of the rejection. The collector of customs may, however, at any time within three months from the date of the notice of rejec- tion release the merchandise upon the written recom- mendation of the representative of the Department of Agriculture. Art. 475. Suspension of liquidation Liquidation of all entries of goods directed to be held pending examination by a representative of the Department of Agriculture will be suspended until it shall be ascertained whether or not delivery is to be refused under the law. Tp, 24954, Emtries covering goods which are exported or de- vet: 858829 stroyed under these regulations will be liquidated free of duty as a “nonimportation,” and the estimated duties will be refunded as an excess of deposits. 19060 June 80, Art. 476. Expenses—Lien.—Expenses for storage, cart- act Apr. | 26,59e, and labor arising from the detention for inspection oer” 25978, and analysis of goods admitted to entry will be borne by ance: Bg3595> the Government, and bills therefor will be rendered to the Secretary of Agriculture; but all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and SPECIAL CLASSES OF MERCHANDISE... in default of such payment shall constitute a lien against any future importation made by such owner or consignee. The cost of samples and necessary express charges on 249 them will be paid by the Department of Agriculture on , T. Ds. 26839, the presentation of proper vouchers. Duty will be col- lected on samples, provided the importation is released. PROCEDURE AT NONLABORATORY PORTS. Art. 477. Notice of receipt of invoices——Upon the receipt of an invoice covering foods, drugs, insecticides, fungi- cides, lead arsenates, or Paris greens at nonlaboratory ports the collector of customs will immediately notify the chemist in charge at the laboratory port of the district and attach to such notice the declaration on Consular Form 198 or 218. If no invoice be received prior to the entry of the merchandise or the arrival at the port of destination of the immediate-transportation papers there- for, the collector will give such notice upon receipt of the immediate-transportation papers or upon the entry of the merchandise, as the case may be. The representatives of the Department of Agriculture will at once notify the collector of customs at the port of entry whether or not samples are desired. If samples are desired, the collector will, immediately upon the entry of the merchandise, cause the appraiser to draw and for- ward samples. In all other respects the procedure at nonlaboratory ports will conform to that at the laboratory ports. INSPECTION AND DISPOSITION OF MEAT AND MEAT FOOD PRODUCTS. Art. 478. Meat food products defined—The term meat and meat food products for the purpose of these regu- B Act Oct. 3, 1913, Ee 545; a Order lations shall include all imported meat and meat food Bg0d0, 4848 products of or derived from any portion of the carcass of any cattle, sheep, swine, or goat, which are capable of being used as food by man, except such articles as or- ganic therapeutic substances, meat juice, meat extracts, and the like, which are used only for medical purposes and are advertised only to the medical profession. All meat and meat food products must be inspected and passed by inspectors of the Bureau of Animal In- 250 SPECIAL CLASSES OF MERCHANDISE. dustry, Department of Agriculture, before release from customs custody for final delivery to the consignee. Art. 479. Inedible grease, tallow, and fat—No inedible grease, tallow, or other rendered fat derived from any portion of the carcass of any cattle, sheep, swine, or goat shall be admitted into the United States unless both ends of each container, such as barrels, tierces, or tank cars, are painted white and the name of the product and the word “inedible” are conspicuously stenciled or burned thereon in letters not less than 2 inches high, or, in the case of tank cars, not less than 4 inches high. Grease, tallow, and other rendered fat, which is ca- pable of being used as food by man, imported for indus- trial purposes, will be subject to inspection, unless such intended use is stated in the invoice or in the declaration accompanying the shipment. Art, 480. Foreign certificates of inspection—Meat and meat food products imported into the United States must be accompanied by certificates of foreign official inspec- tion, which must be delivered by the consignee or agent to the inspector of the Bureau of Animal Industry. Art. 481. Inspection.—Inspection of shipments arriving by water will be made at the port of first arrival, when an inspector of the Bureau of Animal Industry is sta- tioned at such port. When there is no such inspector at the port of first arrival, or the shipment arrives other- wise than by water, the inspection will be made at desti- nation, if an inspector be there stationed; otherwise, the inspection will be made at such place as the Chief of the Bureau of Animal Industry, upon application of the consignee or agent or upon request of the collector of customs, shall direct. When inspection is not to be made at the port of first arrival, or when no inspector of the Bureau of Animal Industry is stationed at such port, the collector will, upon receipt of the shipment, telegraph the inspector of the Bureau of Animal Industry at destination, stating the kind of product, seal numbers, car initials and num- bers, place of origin, names of consignor and consignee, and, if in transit for inspection, its destination and probable date of arrival. If no inspector of the Bureau of Animal Industry is stationed at the place of destination, the collector will telegraph the information above specified to the Bureau of Animal Industry, Washington, D. C. SPECIAL CLASSES OF MERCHANDISE. Inspection will be made while the merchandise is in actual customs custody, unless upon application of the consignee or agent authority is given by the inspector of the Bureau of Animal Industry for inspection at the importer’s premises or other place not under customs supervision. In such cases a bond shall be given by the consignee or agent for the redelivery of the mer- chandise if demanded by the collector, on Customs Form 3385, and the cars, wagons, vehicles, or packages shall be sealed or corded and sealed by a customs officer or an inspector of the Bureau of Animal Industry with foreign meat seals furnished by the Department of Agri- culture, unless bearing customs or consular seals. When cording is necessary for proper sealing, the cords shall be furnished and affixed. by the importer or his agent. Foreign meat seals or cords and seals may be broken only by a customs officer or an inspector of the Bureau of Animal Industry , Art. 482. Release——Meat and meat food products will not be released for final delivery to the consignee until the collector of customs is advised by the Department of Agriculture, or its representative, that the same is ad- missible. Art. 483. Rejection—Disposition—Meat or meat food products refused admission by the Department of Agri- culture must either be destroyed for food purposes under the supervision of its representative or exported under customs supervision within 30 days after notice of rejec- tion. PLANTS AND NURSERY STOCK. Art. 484, Permits—Marking.—The entry of nursery ,, stock is prohibited unless and until a permit for the im- 4 1918. , portation thereof has been issued by the Secretary of 35407. Agriculture, and unless the cases or other packages are plainly marked to indicate the nature and quantity of the contents, the district or locality and country where grown, and the name and address of the importer and consignee. Permits for shipments entered for immediate trans- portation to an interior port are required only at the port of destination. Permits are not required for nursery stock entered for transportation in bond to a foreign country. Art. 485. Definitions—The term “nursery. stock” in- cludes all field-grown florists’ stock, trees, shrubs, vines, 251 Act Aug. 20, 12; act Mar. Act Aug. 20, 1912, sec. 6. 34625. 252 T. Ds. 33697, 33730, 34625, 35407. T. D. 34625. T. D. 34151. SPECIAL CLASSES OF MERCHANDISE. cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vege- table, and flower seeds, bedding plants, and other herba- ceous plants, bulbs, and roots. All woody plants and parts thereof fur propagation or planting are included within the terms “nursery stock.” Art. 486. Documents required on entry.—The following described papers are required to be filed with the entry of nursery stock: (a) The importer’s permit to import. (6) The report of the importer to the Secretary of Agriculture, which will also become the collector’s notifi- cation to the Secretary of Agriculture of the arrival and disposition of the articles. The collector will compare this report with the invoice, certify to its agreement therewith, noting any discrepancies, and transmit it to the Secretary of Agriculture. (ec) The original foreign certificate of inspection. Blank forms will be furnished by the Department of Agriculture. Art. 487. Release under bond.—If the permit to import is not at hand at the time of arrival of a commercial ship- ment accompanied by a certificate of official inspection abroad, it may be delivered to the consignee under a bond in double the invoiced value conditioned upon the rede- livery thereof to the collector within 20 days after the arrival and that the goods shall not be removed from the port of entry until the presentation of a permit from the Department of Agriculture. Nursery stock arriving from countries without inspec- tion service should not be delivered under bond pending the production of a permit to import. Art. 488. Unclaimed shipments.—If nursery stock is un- claimed, the collector will notify the representative of the Department of Agriculture and have an inspection made. If the Department of Agriculture certifies that such unclaimed nursery stock was imported in compli- ance with the plant quarantine act and the regulations thereunder, it may be sold in the same manner as other unclaimed merchandise. If found to be imported in vio- lation of the law and regulations, it should be destroyed under customs supervision. SPECIAL CLASSES OF MERCHANDISE. 253 Art. 489. Detention.—Collectors of customs will refuse , fst Avs: 20 delivery of all plants, vegetables, or nursery stock, notice ,,f3D* of the prohibition of which has been promulgated by the 38110, Secretary of Agriculture. Upon the presentation of the 35469, entry the collector will notify the importer that the ship- 33 33908, ment is a prohibited importation, and if the importer agit shall refuse to immediately export the same the collector 34566, will report the facts to the Secretary of Agriculture and 33286, to the United States attorney and withhold the issuance of a permit of delivery until the right to entry has been determined. In case of doubt as to whether any plants, vegetables, or nursery stock belong to a prohibited variety, the col- lector will withhold the same from delivery pending ad- vice from the Department of Agriculture. The importation of nursery stock through the mails is prohibited. Collectors will turn over to the post office of receipt any parcel of nursery stock received through the mails for return to the country of origin. T. 34262. Art. 490. Disposition — Refund of duty. — Plants or T-D. nursery stock which have been found in violation of the act may be exported or destroyed under customs super- vision and the estimated duties refunded as an excess of deposits. SEEDS ADULTERATED OR UNFIT FOR SEEDING PUR- POSES. eeeea Ds. 33933, 33205. Art, 491. Prohibited importation—The importation of _ Act Aug. 24, seeds of alfalfa, barley, Canadian blue grass, Kentucky a: Ds. blue grass, awnless brome grass, buckwheat, clover, field 35024: corn, Kafir corn, meadow fescue, flax, millet, oats, orchard grass, rape, redtop, rye, sorghum, timothy, and wheat, or’ mixtures of seeds containing any of such seeds as one of the principal component parts, which are adulterated or unfit for seeding purposes, is prohibited. This prohibi- tion does not apply to barley, buckwheat, field corn, Kafir corn, sorghum, flax, oats, rye, or wheat, not in- tended for seeding purposes or when imported for the purpose of manufacture. Art. 492. Sampling.—The collector of customs shall draw and forward for examination, without specific re- quest from the Secretary of Agriculture, samples of all seeds of alfalfa, Canadian blue grass, Kentucky blue grass, millet, orchard grass, rape, redtop, timothy, clover, 33175, 34393, 254 SPECIAL CLASSES OF MERCHANDISE. meadow fescué, and awnless brome grass, when entered for consumption, whether or not a consular invoice is presented on the entry thereof. Samples of shipments of the other seeds enumerated in the preceding article shall be drawn and forwarded only when the Secretary of Agriculture shall make specific request for such samples. When a shipment is made up of several lots differing in quality or price, a sample of each lot shall be sub- mitted as though each lot were a separate shipment. The sample of each lot or shipment submitted to the seed laboratories shall be drawn as follows: When a lot con- sists of five sacks or less, each sack shall be sampled, and when consisting of more than five sacks, every fifth sack, but not less than five sacks, shall be sampled. Art. 493. Samples—Where sent.—All such samples shall be forwarded to the respective seed laboratories under which the ports are grouped in the following list of seed- laboratory districts, unless otherwise specifically re- quested by the Secretary of Agriculture or his represen- tative: Seed Laboratory, United States Department of Agri- culture, Washington, D. C.: All ports in the States of Maine, Vermont, Rhode Island, New York, New Jersey, New Hampshire, Massachusetts, Connecticut, Pennsyl- vania, Maryland, Delaware, Virginia, Ohio, West Vir- ginia, North Carolina, South Carolina, and Georgia, and Port Huron and Detroit, Mich. Seed laboratory, Purdue University, La Fayette, Ind.: All ports in the States of Indiana, Ilinois, Kentucky, Tennessee, Wisconsin, and Minnesota, and all ports in Michigan, except Port Huron and Detroit. Seed laboratory, Agricultural Experiment Station, Columbia, Mo.: All ports in the States of Missouri, Iowa, Arkansas, North Dakota, South Dakota, Nebraska, Kan- sas, Oklahoma, and Colorado. Seed laboratory, Agricultural Experiment Station, Baton Rouge, La.: All ports in the States of Alabama, Mississippi, Florida, Louisana, Texas, and New Mexico. Seed laboratory, Agricultural College, Corvallis, Oreg.: All ports in the States of Montana, Wyoming, Idaho, Oregon, and Washington. Seed laboratory, Agricultural Experiment Station, Berkeley, Cal.: All ports in the States of California, - Nevada, Arizona, and Utah. SPECIAL CLASSES OF MERCHANDISE. Art. 494. Notice to consignee.—The collector of customs shall immediately notify the consignee that samples have been drawn and that the remainder of the shipment must be held intact, pending a decision of the Secretary of Agriculture in the matter. Art, 495. Examination of seeds—Delivery in bond.—Seeds offered for importation into the United States from any foreign country, after samples of each lot have been taken for examination, shall be admitted only after the sam- ples have been examined and pronounced by the Depart- ment of Agriculture, to be neither adulterated nor unfit for seeding purposes: Provided, however, That collec- tors of customs may deliver to consignees shipments which have been sampled, on the execution of a bond in a sum equal to the invoice value of the seeds, together with the duty thereon, if any, conditioned upon the redelivery of the shipments, or any part thereof, to the collector when demanded by him for any reason. Art. 496. Release—Recleaning.—If the Secretary of Agriculture shall inform the collector that the seeds are not in violation of the seed act, the collector shall no longer detain the shipment; but if the seeds are found to be in violation of the act, the collector shall permit the seeds to be recleaned, under bond, at the expense of the importer. The collector of customs shall draw and forward to the Secretary of Agriculture, or his representative, a sample of the recleaned seeds, together with a sample of the screenings or other refuse removed from the seeds in the course of cleaning, accompanied by a statement of the amount of both the recleaned seeds and the screen- ings, and shall detain the recleaned seeds and screenings pending the decision of the Secretary of Agriculture. Art. 497. Disposition of refuse—If the Secretary of Agriculture shall inform the collector that any seeds which have been recleaned are not adulterated and are fit for seeding purposes, such seeds may be released to the owner or consignee upon condition that (1) the screenings or other refuse removed in the course of re- cleaning shall have been ground or otherwise treated under customs supervision so as to render any seeds con- tained therein incapable of germination, or (2) such screenings or other refuse shall have been exported under customs supervision, or (3) such screenings or other refuse shall have been sacked, sealed, and tagged to the 255 256 T. D. 34646. Act Mar. 4, 1913. T. D. 33575. SPECIAL CLASSES OF MERCHANDISE. satisfaction of the collector, and are retained subject to the conditions of the bond given to secure delivery of the shipment. Screenings and other refuse in accord- ance with this regulation may be recleaned at any time within 12 months from the date of the entry of the ship- ment. Unless recleaned within said period of 12 months, or ground or otherwise treated under customs super- vision so as to render any seeds contained therein in- capable of germination, such screenings or other refuse shall be exported under customs supervision. Art. 498, Additional samples.—In addition to the samples hereinbefore required, collectors of customs will forward to the seed laboratory, United States Department of Agriculture, Washington, D. C., a 2-ounce sample of each lot of all grass, clover, and other forage plant seeds. Art. 499. Reports of collectors.—Collectors of customs will report to the Secretary of Agriculture the disposi- tion made of seeds rejected under these regulations. Should the importer fail to export within three months from the date of rejection of any seeds, the collector shall report such fact to the Secretary of the Treasury and the United States Attorney. The collector will also report to the Secretary of the Treasury and the United States Attorney any willful violation of the seeds importation act which shall come to his knowledge. Art. 500. Appeals.—Applications or appeals for relief from decisions as to the quality of seeds arising under these regulations should be addressed to the Secretary of Agriculture. VIRUSES, SERUMS AND TOXINS FOR TREATMENT OF DOMESTIC ANIMALS. Art. 501. Importation prohibited—The importation of viruses, serums and toxins for the treatment of domestic animals is prohibited unless the importer holds a permit from the Department of Agriculture covering the specific product. The collector of customs will notify the Bureau of Animal Industry, Department of Agriculture, Wash- ington, D. C., of the arrival of all such products, and refuse delivery thereof until he shall receive notice from the Department that a permit to import the shipment has been issued. Art. 502. Detention—Samples.—The collector of customs will detain all shipments of such products for which no SPECIAL CLASSES OF MERCHANDISE. permit to import has been issued pending instructions from the Department of Agriculture. Samples will be furnished to the Department of Agri- culture upon its request, and the collector will immedi- ately notify the consignee thereof. Art. 503. Disposition.—Viruses, serums, or toxins re- jected by the Department of. Agriculture will be deliv- ered by the collector to that department for destruction, or delivered to the importer for exportation, if so re- quested by the Department of Agriculture. VIRUSES, SERUMS, AND TOXINS FOR THE TREATMENT OF MAN. Art. 504. Licensed establishment. — Viruses, serums, toxins, and analagous products for the treatment of the diseases of man are prohibited entry unless propagated in an establishment holding an unsuspended and unre- voked license. A list of the establishments holding licenses, the num- ber of the license, and the names of the several products produced are published periodically in the Treasury De- cisions. Art. 505. Labels—Samples—Each package must be labeled or plainly marked with the name of the article, the name, address, and license number of the manufac- turer, and the time beyond which the contents can not be expected to yield their specific results. Samples of the same laboratory number must accompany each importa- tion and such samples will be forwarded by the collec- tors to the Surgeon General of the Public Health Service at Washington, D. C. Art. 506. Detention, examination, disposition Collectors of customs will detain all importations of viruses, serums, toxins, and analagous products for the treatment of the diseases of man pending examination by the Surgeon General of the Public Health Service. If the shipment is-found to be admissible, the collec- tor will release the same upon receipt of a report from the Public Health Service that the article is admissible. If the articles are found not to conform to the law and the regulations, the collector will refuse delivery and permit the exportation or destruction thereof under customs supervision at the option of the importer. 3180°—15——_17 257 wast TY 1, T."D. 29828. T. D. 34642. 258 Act Oct. 3, 1913, sec. Iv, ee H, » Subsecs. 1a 7. D. 30053. T. D. 31081. T. D. 23427. T. D. 35129. SPECIAL CLASSES OF MERCHANDISE. INSPECTION AND QUARANTINE OF ANIMALS, HIDES, FEED STUFFS, AND RAGS. Art. 507. Animals—Prohibited importation—The Secre- tary of Agriculture is authorized by law to make such regulations and take such measures as he may deem proper to prevent the introduction or dissemination of the contagion of any contagious, infectious, or com- municable disease of animals from a foreign country into the United States. The statutes prohibit the importation of neat cattle into the United States, with the proviso that such pro- hibition may be suspended as to any foreign country or part thereof by the Secretary of the Treasury. Under these statutes the Secretary of the Treasury has from time to time suspended the prohibition against the importation of neat cattle from foreign countries, and such cattle and other animals are admissible under regu- lations governing their quarantine and inspection issued by the Department of Agriculture under the act of Feb- ruary 2, 1903, and which will be published from time to time in the Treasury Decisions for the information and guidance of customs officers. B. A. I. Order 209, dated April 29, 1914, published in T. D. 35129, will be followed by custcms officers until amended or superseded. The inspection and quarantine of dogs is provided for in T. Ds. 31151, 31515, and 31749. Art. 508. Animals—Prohibited landing.—The landing of horses, asses, mules, sheep, goats, and swine from any of the countries of Asia and Africa at any of the ports of the United States, the Territories, or dependencies thereof is prohibited. The landing of all animals from the Philippine Islands is similarly prohibited. Art. 509. Entry and release of animals subject to inspec- tion and quarantine.—Entry of animals subject to quaran- tine may be made before, but will not be required until the expiration of the quarantine period. Such animals not entered at the time of arrival will be considered and treated as if under general order while in quarantine. Animals under general order in quarantine will not be released except upon notice from the collector of customs that all the requirements for entry have been complied with by the importer. SPECIAL CLASSES OF MERCHANDISE. Art. 510. Hides of neat cattle, glue stock, bones, horns, fleshings, cuttings, parings, and parts of hides.—The impor- tation of the hides of neat cattle into the United States is prohibited except under such regulations as may be issued by the Secretary of the Treasury upon the advice of the Secretary of Agriculture. Customs officers will, until further instructed, be gov- erned by the regulations published-in T. D. 30053, as amended by T. Ds. 30241, 30583, 30913, 31083, 31960, 81981, 32153, and 33501, in admitting to entry hides of neat cattle, glue stock, bones, horns, fleshings, cuttings, and parings. T. D. 30053 suspends the prohibition. T. D. 30241 relates to hides from Bermuda. T. D. 30583 embodies the general regulations. T. Ds. 30913, 31960, and 32153 relate to fleshings, cut- tings, parings, pieces of hides, and glue stock. T. D. 31083 relates to abattoir hides from Denmark. T. D. 31981 relates to buffalo hides. T. D. 33501 prescribes method of disinfection supple- mentary to T. D. 30583 and includes horns and bones. The term neat cattle hides includes the hides of Zebu cattle. Regulations amending or superseding the above will be published in the Treasury Decisions from time to time for the guidance of customs officers. Art. 511. Hay, straw, and feed stuffs—Wool and hair.— The importation of hay, straw, and other feed stuffs for cattle, and wool, hair, and other products of animals is subject to regulations published from time to time in the Treasury Decisions upon the request of the Department of Agriculture. The regulations in force at the time of the issuance of these regulations will be found in the following Treasury Decisions: T. D. 30783, relating to hay, straw, and other feed stuffs, and wool and hair from South America. T. D. 32027, relating to the treatment of horse hair from South America in transit through the United States to foreign countries. T. D. 30159, relating to hay and straw from Belgium and Denmark. T. D. 25324, prohibiting importation of hay and straw from continental Europe, except Belgium and Denmark. Art. 512. Disinfection of rags—AIl importations of 259 Act Oct. 3, 1913, sec. IV, par. H, sub secs. 1 and 2. T. Ds, 13540, 18725, | 13727, 22010, 220377 rags, except old jute bags, old cotton bags, old rope, and 19916 19367, 260 Secs. 241 to 244, Criminal SPECIAL CLASSES OF MERCHANDISE. new cotton and linen cuttings from factories, must be disinfected according to the United States Quarantine Regulations, under supervision of a United States con- sular or medical officer, prior to shipment to the United States. A consular certificate of disinfection must be attached to the invoice or to the bill of health of the importing vessel as evidence of disinfection. Such merchandise, the product of Canada, may be shipped directly from a place in that. country which has been free from quarantinable disease for a period of 80 days prior to shipment without the certificate of disinfection, but such facts must be shown on entry to the satisfaction of the collector of customs by affidavits or other evidence. If the required certificate of disinfection is not pro- duced at the time of entry the collector of customs shall hold the consignment for a reasonable time in a desig- nated place separate from other merchandise, pending the arrival of the certificate of disinfection, and in the event of its nonarrival the merchandise shall be disin- fected at the expense of the importer, or shall be returned by the importing carrier. WILD ANIMALS, INSECT PESTS, AND BIRDS. Art. 513. Species absolutely prohibited——_The importa- Code, 35 Stat. tion of the mongoose, the so-called flying fox, the fruit T. D. ee Act Mar. 1905. T. Ds. 26172, 34315. T. D, 303810, bat, the English sparrow, the starling, the gypsy moth, Pyro wI tail moth, leopard moth, plum curculio, hop-plant “louse, boll weevil, and such other insects, birds, and animals as the Gacrotary of Agriculture may from time to time determine to be injurious to the interests of agriculture or horticulture is prohibited. The importation of snakes into Hawaii is prohibited. All birds, insects, and animals prohibited from impor- tation shall, upon arrival in the United States, be de- stroyed under customs supervision or returned to the country from which imported, at the expense of the importer. Such prohibitions do not apply to natural history specimens imported for museums or scientific collections. The importation of other wild animals, birds, and insects will be governed by regulations issued from time to time by the Department of Agriculture and published in the Treasury Decisions for the information and guid- SPECIAL CLASSES OF MERCHANDISE. ance of customs officers. The regulations published in T. D. 30310 will be followed until amended or superseded. ENTRY AND EXAMINATION OF TEAS. Art’ 514. Impure teas prohibited—The importation of | 261 Act Mar. 2, any merchandise as tea which is inferior in purity, T. D. 35244, quality, and fitness for consumption to the standards fixed and established by the Secretary of the Treasury, in accordance with section 3 of the tea act, is prohibited. Art. 515. Storage, pending examination—Bond.—Tea en- week tered for consumption must be stored, pending exami- nation, in warehouses for the storage of tea, designated by the collector, and the proprietor thereof will be re- quired to give a bond on Customs Form 3891. Teas not stored in such designated warehouses will be placed in general order store or in public store pending examina- tion and release on proper permit. In the absence of proper storage facilities at customhouses, teas may be retained in locked cars as constructive warehouses, under proper supervision, pending examination. The importer’s premises may be designated as ware- houses for the storage of tea on the filing of a bond on Customs Form 3891. When tea under examination is stored in any ware- house, it must be so placed as to be separate from other merchandise, and so as to allow convenient supervision by customs officers. At ports where there are no bonded warehouses of class 2 or 3, the chief officer of the port will, when necessary, procure suitable premises for the temporary storage of any tea arriving at his port. The repacking of tea in warehouse for export is not allowed. All expenses of storage, cartage, and labor must be paid by the importer. A bond shall be taken from the importer on Customs Form 3893, under a penalty equal to one-fourth the in- voice value of the tea, and shall also be conditioned for the payment of all customhouse charges which may at- tach to the merchandise prior to its being released, ex- ported, or destroyed, as the case may be, under the pro- visions of law. This bond shall be canceled upon the issuance of a per- mit for release on Customs Form 4341, or upon the filing of a bond for the exportation of the tea, or upon the de- struction of the merchandise as provided for hereinafter. T. Ds, 18281, T. D. 22184. T. D. 18281, T. D. 23456, T. D, 23327. T. D, 24582, 262 Act Mar. 2, 1897, sec. 4. T. D. 25903. T. D. 21439. SPECIAL CLASSES OF MERCHANDISE. Art. 516. Samples for examination.—The importer shall submit with his entry a chop list or specification of the several lines included in the invoice, and the collector shall select for examination packages representing each line included in the invoice. The importer may draw and submit to the examiner samples from the packages desig- nated by the collector, in which case he shall furnish a sworn statement that the samples submitted were drawn from the designated packages and covered by his entry (naming the vessel), and that to the best of his knowledge and belief they represent the true qualities of each and every line included in the invoice (including the pro- portion of dust) and accord with the specifications there- with submitted. If samples are not submitted by the importer, the ex- aminer shall take samples from the packages designated by the collector, and from such other packages as he may deem necessary. When samples are submitted by the importer, the examiner may draw such additional sam- ples from any package covered by the invoice as may be necessary to determine the quality of the tea. When entry is made at a port where there is no tea ex- aminer, samples shall be furnished by the importer to the collector at such port in the manner above set forth, and samples shall also be taken by the collector, all of which shall be forwarded by him to the appraiser at the nearest port of entry at which a tea examiner shall have been designated by the Secretary of the Treasury, and such samples shall be examined by the examiner, where- upon the appraiser shall at once notify the collector at the port of entry of the report of the examination on the samples so submitted, and the collector shall take action accordingly. Tea examiners are stationed at the ports of New York, Boston, Chicago, San Francisco, St. Paul, Tacoma, and Honolulu. Samples forwarded to tea examiners shall be packed in clean, new tin cans, cylindrical in shape, 24 inches deep, 3 inches in diameter, of a capacity of 4 ounces, with tight slip covers, properly labeled, and accompanied in each instance by the invoice, or an extract therefrom, giving marks and numbers of packages, invoice number, name of consignee, name of importing vessel, and date of im- portation. The name of the importer or customs officer drawing the samples should appear on the label. SPECIAL CLASSES OF MERCHANDISE, Art. 517, Examination—Comparison with standards.—The examination of tea by. examiners or boards of United States general appraisers in comparison with the stand- ards shall be made according to the usages and customs of the tea trade, including the testing of an infusion in boiling water, and “the Read method with additions and modifications for the detection of artificial coloring and facing.” In comparing with standards examiners are to test all the teas on these points, namely, for quality, for artifi- cial coloring or facing matter, and for quality of infused leaf. Quality shall be ascertained by drawing, according to the custom of the tea trade, with the weight of a silver half dime to the cup. The quality must be equal to standard, but the flavor may be that of a different dis- trict, as long as it is equally fit for consumption. As an illustration, a Teenkai may be equal to a Moyune, but a distinctly smoky or rank Fychow or Wenchow of sour character must not be considered as equal to the first two mentioned. In examining Japans and all other green (unfer- mented) teas, while limiting the comparisons in the mat- ter of infused leaf to the specific standard called for, examiners are to admit teas upon the question of quality, in the two kinds above cited, provided that they are equal in the case of Japans to either the pan-fired or the basket- fired standard; in all other greens to either the Gunpow- der or the Young Hyson standard. In order to test the quality of the infused leaf in com- parison with the standard, a second drawing should be made of double weight. After pouring off the water the infused leaf should be taken out, so as to exhibit the lower side, which rested against the cup. Should the mass show a larger quantity of exhausted or decayed leaf than the standard it shall be considered inferior in qual- ity and the tea must be rejected. To examine for artificial coloring or facing matter it is ordered that the following-described method be used in comparison with the standard, viz: READ METHOD, WITH ADDITIONS AND MODIFICATIONS, FOR EXAMINATION OF TEA. Place 2 ounces of tea in a sieve 5 or 6 inches in diame- ., ter, having 60 meshes to the inch and provided with a 263 T. Ds.33087, 411, 34653. 264 SPECIAL CLASSES OF MERCHANDISE, top. Sift a small quantity of the dust onto a semiglazed white paper about 8 by 10 inches. The amount of dust placed on the paper should be approximately 1 grain. To get the requisite amount of dust it is sometimes neces- sary to rub the leaf gently against the bottom of the sieve, but this must not be done until the sieve has been well shaken over the test paper. The dust thus collected should be poured from the paper into the scales, and after weighing the amount of 1 grain it is returned to the same paper and should be well distributed over the sur- face of the paper. The paper should then be placed on a plain, firm surface, preferably glass or marble, and the dust crushed by pushing over it, with considerable pres- sure, a flat steel spatula about 5 inches long. This is done repeatedly, the tea dust being ground almost to a powder and the particles of coloring matter, if any, being thus spread or streaked on the paper, so as to become more apparent. The loose dust should then be brushed off and the paper examined by means of a simple lens magnify- ing 74 diameters. In distinguishing these particles and streaks bright light is essential. The crushed leaf in either black or green tea appears in such quantity that there is no chance of mistaking the leaf for coloring or facing material. This test is performed in comparison with the stand- ard, and if the tea is clearly equal to the standard as re- gards coloring or facing matter, the operation need not be repeated. If particles of coloring or facing are found in the sample under comparison with the standard, this operation should be repeated a sufficient number of times for the examiner to satisfy himself as to whether or not the tea is in fact equal thereto. If found not equal to the standard, samples should be drawn from packages representing at least 5 per cent of the line in question and subjected to the above test, and if a majority of these samples are below the standard, a test sheet of the tea in question, as well as a sample of the tea, should then be sent to the local appraiser’s chemist or to the nearest pure-food laboratory of the Department of Agriculture for identification of the coloring or facing matter dis- closed. As soon as the coloring or facing matter is iden- tified, the tea should be rejected. The above test is applicable to all varieties of tea. In the case of Japans and all other green (unfermented) teas, in addition to the above white-paper test, repeat the SPECIAL CLASSES OF MERCHANDISE, operation in comparison with the respective standard on a semiglazed black paper for facings, and if it is not equal to the standard, additional samples should be drawn and tested as provided above in the test on white paper, and if found below the standard the tea should be re- jected after the facing disclosed has been duly identified by the chemist. This black-paper test detects all facings like talc, gypsum, barium, sulphate, clay, etc. Macao or Canton Congou and Brick tea should be com- pared with the standard for China Congou. The musti- ness or damaged flavor exhibited in certain Canton teas shall be considered as sufficient cause for rejection. The. dust and fannings in all Formosa and Foochow Oolongs, Canton teas, Congous, Indias, Ceylons, and Javas must be restricted to 8 per cent when sifted through a sieve of No. 16 mesh made of brass wire, and the same limit, viz, 8 per cent, must hereafter be applied to China, India, and Ceylon green teas. In order that the needle leaf and Pekoe tips may not be confounded with dust, they must be returned with the dust to the sieve for a second and third sifting until separated. In the case of Ceylon, India, and Java teas the needle leaf and Pekoe tips shall be separated by passing them, together with the dust, through a No. 26 sieve of No. 30 brass wire, after the tea has been first sifted through a No. 16 sieve. Dust and fannings in Japanese teas must not exceed 4 per cent when tested by a No. 30 sieve of No. 31 brass wire. Before condemning any tea for dust, examiners shall sieve at least two packages. Examiners must not only follow ozitas the method of examination herein set forth, but must reject all teas not conforming to the standards in all the required par- ticulars specified in these regulations. Whenever Japans, Ceylons, Indias, or any other teas are made up to imitate the green teas of China they are to be examined in comparison with the China green standards. Should Japans be made as fermented teas they are to be examined in comparison with the Congou standard. All Powchong (scented) Formosa Oolong teas should be examined in comparison with the Formosa standard. Examiners are instructed not to pass upon samples representing importations of tea imported .separately 265 T. D. 34339, 266 SPECIAL CLASSES OF MERCHANDISE. from the importation and not drawn from the packages by the customs authorities or the importers; neither shall they give nonofficial opinions concerning samples. Tea dust or broken leaf, mixed with other teas or sep- arate, made to imitate gunpowder or other teas, with the use of paste or gum or any other substance, must be rejected. If the examiner suspects the presence of paraffin or any similar substance, he should make the following test in comparison with the standard: Spread the tea between two sheets of unglazed white paper. Place thereon a hot iron. The greasy substance, if any, will appear on the paper, and if not equal to the standard, the tea shall be rejected. When comparing teas with respective standards care should be used by the examiners not to confuse particles of charcoal, charred leaves, and stems with coloring or facing matter. In cases of importations of tea containing an excessive amount of dust, the dust can be exported after sifting or destroyed under customs supervision and the tea admitted to entry if found up to the standard. i7tbe sega,” Art. 518, Examination for dutiable articles—The col- T. D. 32554. T. D. 32160, lector may order such an examinaticn of packages con- taining tea as will satisfy him that no dutiable goods are packed therein. For this purpose the customary desig- nation should be made of packages for examination in public store. Art. 519. Supervising examiner—Samples forwarded to.— Each tea examiner will send to the supervising tea ex- aminer 1-pound samples of teas rejected by him; also such other samples of teas as the supervising tea exam- iner may direct. To each sample a label, Customs Form 6489, shall be affixed. In case a tea examiner is in doubt as to whether an importation of tea should be passed or rejected, he should forward a sample thereof to the supervising tea examiner for advice. Art. 520. Reports——The examiner of tea at each port where a qualified examiner is stationed shall prepare and forward to the supervising tea examiner and to the Board of General Appraisers, through the appraiser and the collector of customs, as soon as practicable after the close of each month, a report, on Customs Form 6445, showing SPECIAL CLASSES OF MERCHANDISE. the number of pounds of tea examined, the number of pounds passed, the number of pounds rejected, and why rejected. Statistics showing the quantities of various kinds of teas admitted and rejected should be kept at the custom- houses for future reference. Art. 521. Rejection—Notice to importers—Should a tea prove on examination to be inferior to the standard in any one of the requisites, namely, quality, quality of in- fused leaf, or because of artificial coloring or facing, it shall be rejected, notwithstanding that it be superior to the standard in some of the qualifications. No considera- tion shall be given to the appearance or so-called style of the dry leaf. In all cases of rejections by examiners, the importers should be notified of the reason for rejection—that is, whether it be on the ground of quality, character of in- fused leaf, dust, or admixture with foreign substance. The collector shall promptly notify the importer of the return of the examiner on his importation. Art. 522, Protest—Reexamination.—_If the importer or consignee desires a review of the finding of the tea ex- aminer, he may, within 30 days after notice of such find- ing, file with the collector an application on Customs Form 4845. In case the collector, importer, or consignee shall pro- test against the finding of the examiner, the matter in dispute shall be referred for decision to a board of three United States general appraisers designated by the Sec- retary of the Treasury, and if such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption, as compared with the proper standards, a permit shall be issued by the collector for its release and delivery to the importer; but if upon such final reexamination by such board the tea shall be found to be inferior in purity, quality, and fit- ness for consumption, as compared with the said stand- ards, the importer or consignee shall give a bond, with security satisfactory to the collector, to export said tea, as provided in these regulations. The reexamination of tea samples must be restricted to the samples put up and sealed by the examiner, which may be done in the presence of the importer or consignee if he so desires, and transmitted to the board, together 267 T. D. 18515. T. D. 21907. 268 T. D. 18657. Act Mar. 2, 8, 1897, sec. T. D. 18489. T. D. 21844. Act Mar. a: 1897 T, Ds. 35116, 2512 SPECIAL CLASSES OF MERCHANDISE. with a copy of the finding of the examiner, setting forth the cause of condemnation. No teas found on final examination to be unlawful im- portations under this act shall be released except for im- mediate exportation or for destruction, as the case may be. Art. 523. Decision of general appraisers final—Notice of — Teas rejected by the tea examiners and rejections affirmed by the Board of General Appraisers can not be reex- amined. The decision of the Board of General Appraisers will be in writing and transmitted to the collector within three days after the rendition thereof. The collector will immediately furnish the examiner and the importer a copy of such decision. Art. 524, Rejected teas——Rejected teas may be released only for exportation, or for transportation and exporta- tion, or for manufacturing purposes under the act of May 16, 1908, and the regulations contained in T. D. 35244. Tea packages and contents should be treated as a unit, and no separation of tea from its covering will be allowed either for exportation or destruction. Art. 525. Exportation entry.—Rejected teas may be en- tered for exportation upon a bond being given in a sum equal to double the value of the tea upon Customs Form 3575. At interior ports the export entry should be in the form of withdrawal for transportation and exportation. Such tea must be laden for export under the supervision of a customs officer in the usual manner. Art. 526. Reimportation of rejected teas—Forfeiture—No imported teas which have been rejected by a tea ex- aminer, or by a Board of United States General Apprais- ers, and exported, shall be reimported into the United States under the penalty of forfeiture. Customs officers will make seizure of any tea so reimported. Art. 527. Destruction—When condemned tea is to be destroyed it must be conveyed to some suitable place, and proper means, to be prescribed by the examiner, must be used for its effectual destruction, in the presence of an officer of the customs. Before the tea is destroyed a particular description or statement of the same must be prepared, containing the name of the importer or owner, the date of importation, the name of the vessel, and the place from which imported, with the character and quan- tity of the tea and the invoice value. The fact of its SPECIAL CLASSES OF MERCHANDISE. destruction must be certified on said statement by the officer detailed by the collector and the statement filed in the customhouse. Art. 528. Retention of samples—Examiners shall pre- serve in tins for one year samples of all teas examined, for further reference in case of complaints, and the Board of General Appraisers will also retain a portion of all samples sent them on appeal for the same purpose. To this end, examiners shall always send to the board samples weighing at least 1 pound, and never otherwise than in tin cans labeled and “seasoned.” Half of such sample shall be utilized for the examination by the board and for return to the port of entry with the decision, and the remaining half pound shall, if the tea be rejected by the board, be distributed among the various examiners for their information and guidance, and, if found by the board to be entitled to entry, shall be returned with the decision. Art. 529. Commercial samples.—Where tea is put up in packages of not over 2 pounds in weight imported by mail, express, or otherwise from the country of produc- tion, and the fact is established that the packages are samples for distribution, or for use in soliciting orders, and not for sale, no examination should be made under the act of March 2, 1897, and -they may be delivered at once to the importer. Packages of tea not exceeding 5 pounds in weight brought by passengers may be delivered without exami- nation for purity under the act of March 2, 1897. 269 T. D. 24874. T. D. 24559. c Ds. 21531, Art. 530. Surplus samples—Disposition of —After stand-99973 ard samples shall have served their purpose they shall be sold as unclaimed goods, the designation on the pack- ages showing such teas to have been used as Government standards to be obliterated before delivery to the pur- chaser. Surplus samples drawn from importations for pur- poses of examination, and which represent tea passed by the examiner, should be placed in public store, the im- porter notified, and the samples held subject to his order for a period not exceeding one year. If not called for within that time they should be sold as unclaimed. Surplus samples representing tea which has been finally rejected should be destroyed by the collector. Art. 531. Standard samples — Distribution — Sale. —'The standards, original and duplicate, will be prepared by 270 SPECIAL CLASSES OF MERCHANDISE. the board of tea experts under the supervision of the collector of customs at the port of New York. Full sets will be furnished the board of tea experts and the col- lectors of customs at New York, Boston, Chicago, San Francisco, St. Paul, and Honolulu, and the deputy col- lector of customs at Tacoma. Any combination of im- porters, not less than five, may be furnished with a full set of samples, consisting of one full package of each number for exportation either to China, Japan, India, Ceylon, or England, or, if preferred by such combina. tion, the samples may be packed in 5-pound packages, the price of full sample packages and 5-pound packages to be fixed by the collector of customs at New York after consultation with the chairman of the board of tea ex- perts. Samples for exportation, as aforesaid, can be cbtained only upon an affidavit showing intention to export and exhibiting the names of foreign consignees. A quantity of tea of the approved standards will be repacked in half-pound tin containers under customs supervision and lines of such samples will be furnished to the examiner at New York, to actual importers, and to regular tea brokers, on application to the collector of customs at New York, at the actual cost of the same. SUGAR. rons pocty7? Art. 582. Regulations of 1908 extended—The regula- 33928 savor, tions governing the weighing, taring, sampling, classi- 33790, 33924. feation, and polarization of imported sugar, contained in the Customs Regulations of 1908, as amended, are con- tinued until otherwise directed. WHITE PHOSPHORUS MATCHES. rotst Apr % Art, 533. Certificate of inspection.—Invoices covering T. D. 82975. matches imported into the United States must be accom- panied by a certificate of official inspection of the Govern- ment of the country of manufacture in the following form: Certificate of official inspection of matches. i) (name), do hereby certify that I am the (official title) ; that according to the chem- ical analysis made by myself the matches described below do not SPECIAL CLASSES OF MERCHANDISE. 271 contain white or yellow phosphorus, and that therefore they are not white phosphorus matches as defined in the act of Congress of the United States of America approved April 9, 1912: Number of case Description of Name and address of Name and address of consignee, vessel, and and mark, matches. manufacturer. date of shipment. (Signature.) (Official title.) Consulate of the United States, —, 19—. I, , consul of the United States of America at . , do hereby certify that the foregoing is the signa- ture of , and that he is the officer duly authorized by the Government of to make such certificate. [SEAL. J United States Consul. In the absence of such certificate the matches shall .f;Ds,32075. be detained until a certificate is produced or the im- porter submits satisfactory evidence to show that the matches were not in fact manufactured with the use of poisonous white or yellow phosphorus. The production of the above certificate will not be re- garb 38248: : : ; 60, 33399, quired on the entry of matches manufactured in Austria- 33441, 33804, Hungary, Denmark, Germany, Norway, the Nether- lands, or Great Britain and Ireland, or any other coun- tries which prohibit the use of poisonous white or yellow phosphorus in the manufacture of matches. Art. 534, Importer’s declaration.—At the time of filing T- D- 32975. an entry for imported matches, the importer must make a declaration that to the best of his knowledge and belief none of the matches included in the invoice and entry are “white phosphorus” matches. Art. 535. Exportation of matches.—The shipper, owner, Act Apr. 9, si . 1912, sec. 11. or agent of matches intended for exportation from the T. D. 42975. United States shall, at least six hours before such matches are laden for exportation, file with the collector a manifest, in duplicate, signed by the shipper, which shall state the date of exportation, the name of the ex- porting vessel, the marks and numbers of the packages, 272 SPECIAL CLASSES OF MERCHANDISE, and the specific description of the matches. There shall be attached to the manifest an affidavit of the shipper that no “white phosphorus” matches are included in the shipment. Art. 536. Inspection of matches for exportation——The collector may cause any or all matches offered for ex- portation to be opened, inspected, and if any such matches are found to be white phosphorus matches the collector will detain the same and report the facts to the department for instructions. BIRDS’ EGGS AND PLUMAGE. eae Art. 587. Eggs of game birds——The importation of the eggs of game birds for the purpose of propagation is admissible under regulations issued from time to time and published in the Treasury Decisions. The regula- tions in force are published in T. D. 30637, which will be followed until amended or superseded. igi pen Bay Art. 538. Aigrettes and other plumage—Prohibited.—The T. Ds. 33798, importation of aigrettes, egret plumes, or so-called osprey S474. plumes, and the feathers, quills, heads, wings, tails, skins, or parts of skins of wild birds, either raw or manufac- tured, and not for scientific or educational purposes, is prohibited; but such prohibition does not apply to the feathers or plumes of ostriches or to the feathers or plumes of domestic fowls of any kind. It does apply to the plumage of all wild birds, except live wild birds, whether imported separately or upon the bird itself. T. D. 33781. It applies to such plumage of American or foreign origin imported as merchandise or as passengers’ bag- gage or worn on the person. It does not apply to bag- gage forwarded in bond for exportation. T. D. 83944. Plumage seized as a prohibited importation may be exported to a foreign country, provided the owners have not been guilty of willful intent to violate the law. In case the owners do not avail themselves of this privilege the articles should be forfeited and destroyed in accord- ance with law. Seized plumage subject to destruction may be turned over to a museum of natural history or a similar institution if the owners give written consent thereto, and treated as if originally imported for scien- tific or educational purposes. SPECIAL CLASSES OF MERCHANDISE. Game birds when unplucked may be admitted to entry upon the execution of a bond by the importers condi- tioned for the return of the plumage to the collector of customs or for the presentation of evidence showing that it has been destroyed or has been exported from the United States. Such bond will be canceled on the return of the plumage to the collector, or upon the affidavit of two witnesses that the same has been destroyed, or upon its exportation under customs supervision. In lieu of a bond customs officers may accept a cash deposit equal to double the value of the birds, but not less than $10 in any case. The amount deposited will be held in a special deposit account and refunded upon the production of evidence of destruction or exportation under customs supervision. As the plumage of the following species may be ob- tained from either wild or domesticated birds, such plumage should be admitted only upon the presentation of a consular certificate or other satisfactory evidence that it was in fact taken from domesticated birds: Am- herst pheasant, reeves pheasant, versicolor pheasant, black duck, mallard duck, mandarin duck, muscovy duck, swans, and the rhea. Artificial flies used for fishing are not prohibited. Other manufactures of prohibited plumage should be excluded from importation. FUR SKINS. Art. 539. Fur-seal skins prohibited—The importation of skins of fur seals or sea otters, taken in the waters of the north Pacific Ocean, north of the thirtieth parallel of north latitude, and including the seas of Bering, Kam- chatka, Okhotsk, and Japan, or of skins identified as those of the species known as Callorhinus alascanus, Cal- lorhinus ursinus, and Callorhinus kurilensis, or belong- ing to the American, Russian, or Japanese herds, whether raw, dressed, dyed, or manufactured, except such as have been taken under the authority of the respective parties to the convention concluded July 7, 1911, and which have been officially marked and certified as having been so taken, are prohibited; and all such articles imported or brought in shall not be permitted to be exported, but shall be seized and forfeited to the United States. 3130°—15——18 273 T. D. 33944, T. D. 35307. T. D. 34913, Act Oct. 3, 1913, par. 136. gee Aug. 24, 12, sec. 4. T. D. 34161, T. D. 34115. 274 SPECIAL CLASSES OF MERCHANDISE. Art. 540. Fur skins permitted entry—The fur skins specified in the preceding article may be admitted to entry under the following conditions: (a) Skins taken on the Pribilof Islands, Russian seal islands, and the Japan seal islands under the authority of the country having jurisdiction. (6) Skins taken from the American herds by Indians and Aleuts dwelling on the American coast north of the thirtieth parallel north latitude. (ce) Skins taken from the Russian and Japanese herds by Ainos or other aborigines dwelling on the coasts of Russia and Japan. Art. 541. Evidence of origin—If the skins were taken on the Pribilof Islands under authority of the United States, the affidavit of the shipper must be produced at the time of entry of the skins or articles made therefrom, identifying the skins by marks and numbers and as the identical skins covered by the certificate of the Govern- ment of the United States, or its agent, in the form pre- scribed below. In addition to the shipper’s affidavit there shall be produced a certificate of the company which acted as agent for the United States, in the follow- ing form: . 191—. This certifies that the fur-seal skins bearing the marks and numbers were certified to us by the United States Depart- ment of Commerce as having been taken on the Pribilof Islands in the season of 191— under the authority of the United States. ’ . Agent for the United States. Art. 542. Skins taken by the Indians or Aleuts.—In the case of skins taken by Indians or Aleuts dwelling on the coast of Alaska, British Columbia, Washington, Oregon, or California, there shall be furnished, in addition to the affidavit of the shipper, a certificate by an official of the Department of Commerce specifying in detail the locality in which the skins were taken, and showing the approxi- mate date of taking, the transfer of the skins from the person by whom taken to the shipper or importer, and the names and permanent addresses of all intermediate owners and the dates of transfer, which certificate shall be in the following form: SPECIAL CLASSES OF MERCHANDISE. DEPARTMENT OF COMMERCE. BUREAU OF FISHERIES. Certificate to accompany sealskins taken by Indians dwelling on the Pacific coast of the United States. Number of skin, 3 Sex, when taken, ; where taken, Description of skin: Length, inches; width, weight, ——-— pounds ounces. I hereby certify that the fur-seal skin referred to above and now bearing tag No. —— was lawfully taken by me and that the above statements concerning its capture are true. ; by whom taken, : ; how taken, inches; 9 of — Native H unter. I hereby certify that the fur-seal skin bearing leather tag No. ~——— has been examined, measured, and tagged by me; that the statement regarding its capture has been signed in my presence; and that, to the best of my knowledge and belief, the skin was legally taken and in the manner permitted by Article IV of the convention (Treaty Series, No. 564) of July 7, 1911. -__ , [SEAL] (Official title.) , ALASKA, ——, 191—. Note.—When this skin has been finally imported into any one of the four countries parties to the convention of July 7, 1911, the leather tag and this certificate should be forwarded by the cus- toms officer in charge to the Bureau of Fisheries, Department of Commerce, Washington, D. C. Ownership in this skin (No. ——) has been transferred as follows: Date. By whom sold. To whom sold. Address. Art. 543. Skins of Russian or Japanese origin.—If the skins were taken under the authority of the Russian or Japanese Governments having jurisdiction thereof, such skins, or the articles manufactured therefrom, must be accompanied by an affidavit of the shipper which shall identify the skins by marks and numbers appearing thereon and specifying in detail the locality in which such skins were taken, and showing the approximate date of taking, the transfer of the skins from the person by 275 276 Act Jan. 17, 14. T. Ds. 5191, 18779, 34221, 34598, SPECIAL CLASSES OF MERCHANDISE. whom taken to the shipper, the names and permanent addresses of all intermediate owners and the date of transfer. In addition to the affidavit of the shipper there must be produced a certificate of the authorized agent of the Government in whose territory the skins were taken, identifying the skins by marks and numbers appearing thereon and certifying that such skins were taken by au- thority of the Government having jurisdiction. Art. 544, Sealskin garments—-Waste.—All fur sealskin articles must be sent to the public stores for examination. If the examiner entertains any doubt of the authenticity of the identification of the skins or legal taking thereof the garments should be retained in customs custody and the facts reported to the department. Articles manufactured in whole or in part from fur sealskins imported into the United States shall have the linings thereof so arranged that the pelts of the skin can be exposed for examination. Fur sealskin waste composed of small pieces not large enough to be sewed together and utilized as dressed fur shall not be considered subject to the requirements of these regulations. OPIUM. Art. 545. Opium — Preparations — Derivatives — Defini- tions.—The importation of opium in any form shipped by or consigned to Chinese subjects is absolutely prohib- ited, The importation of smoking opium or opium pre- pared for smoking by any person is also prohibited. The importation of opium in any other form, or of prepara- tions or derivatives thereof, is prohibited except for me- dicinal purposes. The term “ opium” includes all forms of opium known to the trade, such as gum opium, powdered opium, de- narcotized opium, granular opium, smoking opium, cooked opium, etc. The terms “smoking opium” and “opium prepared for smoking” have one and the same meaning. The term “preparation” means any product, mixture, or compound containing or representing opium. The term “derivative” includes the following alka- loids, their salts or combinations, obtained either directly or indirectly: Morphine, codeine, dionin, diacetyl mor- SPECIAL CLASSES OF MERCHANDISE. phine, heroin, peronine, their chlorides, sulphates, phos- phates, etc., and all mixtures, compounds, or preparations containing any of the foregoing. The term “for medicinal purposes only” means the use of opium or preparations or derivatives thereof for the treatment, mitigation, or prevention of disease of man or other animal. Art. 546. Places of importation—Quantity—Opium for medicinal purposes may be entered for warehouse or consumption at the following ports only: Baltimore, Boston, Chicago, Detroit, Honolulu, New Orleans, New York, Philadelphia, San Juan, San Francisco, Seattle, and St. Louis. It may, however, be entered at other ports having the immediate transportation privilege for immediate transportation without appraisement to any of the said ports. The collector shall not permit delivery of crude or unmanufactured opium in quantities or packages con- taining less than 100 pounds; nor of morphine or its salts, either singly or assorted, in quantities or packages containing less than 50 ounces; nor of codeine, heroin, dionin, diacetyl morphine, their salts, or any other deriv- atives of opium or its salts not otherwise provided for, either singly or assorted, in quantities or packages con- taining less than 25 ounces, and then only upon the report of the appraiser as to their quality, purity, and fitness for medicinal purposes, and upon compliance with the existing laws and regulations governing the importa- tion of drugs and medicines: Provided, however, That special preparations, rarely imported and usually im- ported in very small quantities and not known to be used by drug habitues, like papaverine and thebaine, may be imported in smaller quantities by well-known and repu- table firms or institutions upon compliance with these regulations. All importers of opium or coca leaves, or any com- 277 Act Dec. 17, pound, manufacture, salt, derivative, or preparation AEs, GEORD: thereof, shall register with the collector of internal reve- nue of the district in which his business is carried on. Before any importer is permitted to import such arti- cles he must file in the customhouse a certificate of such registration. Art. 547. Affidavit on entry——There must be filed with the entry of crude or unmanufactured opium, and prep- 278 SPECIAL CLASSES OF MERCHANDISE. arations and derivatives thereof, a declaration of the owner or ultimate consignee in the following form: Te (name of representative), of the (name of firm or corporation), manufacturing chemists or dealers in drugs, do solemnly and truly declare that the (number) cases or packages of opium, preparations or derivatives thereof, more particularly described in the invoice and entry herewith sub- mitted and imported at (port), per (steamship), on the —— day of , 19—, are expressly imported and are intended in good faith to be used by (name of firm or corporation) in the preparation of medicines or are to be sold by (name of firm or corporation) for medicinal purposes only, and such opium, preparations or derivatives thereof, are not intended to be used for smoking. » Owner or Ultimate Consignee. Subscribed and sworn to before me, , this day of , 19—. [SEAL. ] Notary Public. The collector shall order the entire number of pack- ages of opium, or preparations or derivatives thereof, into the appraiser’s stores for examination. Art. 548. Withdrawal from warehouse—Payment of duty.—Opium containing less than 9 per cent of morphia, and preparations or derivatives of opium, deposited in bonded warehouses shall not be removed therefrom with- out payment of duty, and such duties shall not be re- funded. Art. 549. Record by importers.—Importers must keep a record of all sales of imported opium, and derivatives or preparations of opium, or of articles manufactured by them therefrom, showing the names of the purchasers, their places of business, the date of sale, and the name and quantity of the article sold, which record shall be open to the inspection of customs officers. Act Oct. 3, MISCELLANEOUS PROHIBITED ARTICLES. 1913, sec. i ‘G, subse. Art, 550. Obscene and immoral articles—Seizure.—Ob- s Ju ; i 12 Agta: eae scene books, pictures, figures, and all other articles of 26, 888) Feb. on obscene or immoral nature, drugs or medicines and 9 SOs 18500, articles for the prevention of conception or causing abor- 18567, 18845, tion, lottery tickets, and advertisements of any lottery 20572, 20771, gapee efisl are prohibited importation. This does not apply to Sones a 38, drugs imported in bulk and not put up for the purposes - act Mar. 4, as. specified. SPECIAL CLASSES OF MERCHANDISE. 279 Any articles which the collector shall deem to be pro- hibited shall not be admitted to entry, but shall be seized, forfeited, and destroyed, unless the importer shall file a written consent to their destruction without forfeiture proceedings. The entire package containing such articles shall be 7. D- 24254. seized and forfeited, unless it shall appear that the pro- hibited articles were inclosed therein without the knowl- edge or consent of the importer, owner, or consignee, in which case the prohibited articles only will be seized and will be eliminated in the liquidation of the entry, and the estimated duties paid thereon refunded. Art. 551. Penalty—Any officer, agent, or employee of ,9$* gee Pi the Government of the United States who knowingly P23" ,% sub aids or abets any person engaged in any violation of any oie" sce° ido, of the provisions of law prohibiting importing, advertis-2¢,5 Mar * ing, dealing in, exhibiting, or sending or receiving by mail obscene or indecent publications or representations, or means for preventing conception or procuring abor- tion, or other articles of indecent or immoral use or tend- ency, is guilty of a misdemeanor, and for every offense is punishable by a fine of not more than $5,000, or impris- onment at hard labor for not more than 10 years, or both. Any person who causes to be brought into the United i908" nape. States or any place subject to the jurisdiction thereof 335, Code, ee, such prohibited articles is subject to a like fine or impris- onment for not more than five years, or both. Art. 552. Falsely marked or stamped articles of gold and 2 a Gaee. June silver.—It is unlawful for any manufacturer or dealer in T. D. 27434. gold or silver jewelry or gold or silver wares to import or export such wares for sale if marked or labeled in any manner to indicate a greater degree of fineness than the actual fineness thereof. Plated or filled articles must not be marked to indicate the fineness of the gold or silver unless also marked to indicate that the article is plated or filled, and no plated or filled article shall be marked with the word “sterling” or “coin” either alone or in conjunction with other words. : Art. 553. Examination—Detention.—Customs officers will examine all gold and silver articles imported by manu- facturers or dealers, and if any such articles are found to be falsely marked they will be detained and a report of the facts made to the department and the United States attorney. 280 SPECIAL CLASSES OF MERCHANDISE. Art. 554. Penalty.—Any firm, manufacturer, dealer, or other person as agent of such firm, manufacturer, or dealer, willfully importing or exporting articles of gold or silver falsely marked or labeled is liable to a fine of not more than $500 or imprisonment or both. RP ise a, Art. 555. Pictorial representations of prize fights —Films 1012: or other pictorial representations of prize fights or pugi- 1088) oe. 380, listic encounters which are designed to be used or may be used for public exhibitions are prohibited importation. Collectors will require importers of films and similar articles at the time of entry to make affidavit that the shipment contains no representation of a prize fight or pugilistic encounter. All imported films and similar articles will be sent to the appraiser’s stores for examination. If any package is found to contain a representation of a prize fight or pugilistic encounter, it will be seized by the collector and the facts reported to the United States attorney. t Oct, 3, Art. 556. Liquor in containers of illegal size—Spirituous Ac te eet and distilled liquors imported in any sized cask, bottle, 23535, | 2362 33659, 28706. "jug, or other package, of or from any country, depend- ency, or Province under whose laws similar sized casks, bottles, jugs, or other packages of distilled spirits, wine, or other beverage put up or filled in the United States are denied entrance into such country, dependency, or Prov- ince, shall be forfeited to the United States. 1015, [pan 308, Art. 557. Liquors in less than 10-gallon casks.—Spirituous . 17974. and distilled liquors imported in a cask of less capacity than 10 gallons from any country shall be forfeited to the United States. Under this provision the quantity contained in a cask is immaterial if the latter is of a capacity of 10 gallons. Sec. 240, Fed Art. 558. Liquors not properly marked.—Packages con- Penal Code, aes g #8 ‘ Mar. 4, 1909.. taining imported spirituous, vinous, malted, fermented, T. Ds. 30393, eohads 30661, or other intoxicating liquors of any kind are required to be so labeled on the outside cover as to plainly show the name of the consignee, the nature of the contents, and the quantity contained therein. When packages of liquors are found not to be marked in compliance with the provisions of law, the collector will detain the same and report the facts to the Secre- tary of the Treasury for instructions. SPECIAL CLASSES OF MERCHANDISE, 281 Art. 559. Convict-labor goods—All articles manufac- , off Oct tured wholly or in part in a foreign country by convict Pat F oo4g0 labor are prohibited importation. The Philippine 24284 91071. Islands are not a foreign country within the meaning of this provision. Collectors of customs should, before denying entry of articles alleged or suspected to be manu- factured by convict labor, report the facts to the Depart- ment for consideration. Art. 560. Counterfeits of coins or securities—The im- 2;,5} 5413, portation of anything in the likeness of the coins of the 2% V4} act Mar. United States or of any foreign Government and coun- 199%) pep. 15, terfeits of the securities or obligations thereof and any 147-7 o5403, dies or apparatus used in making such counterfeits is ,.4¢t Feb. 10 prohibited. Facsimiles or imitations of uncanceled postage stamps ,,7, Ds. 29444, are obligations of the Government and subject to for- feiture. Illustrations of coins or medals to be used in numis- ,)A¢t Feb. 15, matical and historical books, school arithmetics, and pub- 1. D. 32279. lishers’ and dealers’ circulars are not prohibited from importation. Customs officers will seize articles imported in viola- tion of such prohibition and report the seizure to the United States attorney for forfeiture. Art. 561. 562, 563. 564. 565. 566. 567. 568. 569. 570. 571. 572. 573. 574, 575. 576. 577, 578. 579. 580. CHAPTER X. APPRAISEMENT. Art. Collector to designate appraising | 581. Delivery of examination packages. officers, 582. Returns by appraiser. Papers to be sent by messenger. 583. Omitted and prohibited articles. Invoices—Transmission of. 584. Finality of return. Examination at importers’ prem- | 585. Notice of advance. ises. 586. Reappraisement—Method of ap- Examination of machinery. peal. Delivery—Appraisement and can- | 587. Appeal to rereappraisement. cellation of bond. 588. Appeals — Transmission of, to Examination of explosives. Board of General Appraisers— Examination of textile fabrics. Samples. Recall of unexamined packages. 589. Notice to importers of reappraise- Appraisement on samples, ment decisions. Samples to be filed. 590. Report on appeals to reappraise- Action by appraiser. ment. Appraisement order— Damaged | 591. Forwarding comparative valua- merchandise. tion report cards and samples Casualty or excessive moisture— to the United States appraiser Appraisement. at New York. Loss of weight—Increase in value. | 592. Action by the appraiser at New Country and principal markets. York. Diversion to another country. 593. Exchange of information between Time of exportation. ports. Average price—Merchandise gen- | 594. Reports of changes in value or erally. Average price—Wool and cotton. classification, Art. 561. Collector to designate appraising officers—The ,,#ct Oct. 8 collector of customs will designate an officer to act as Pz, 18, sec. III) N. T. D. 33557, appraiser at each port of entry in his district for which Par. 2. no appraiser is appointed. If no appraiser is provided for at the headquarters port, he will himself act as ap- praiser or designate an officer to act as such. Appraising officers at ports of entry will confer with the appraiser or acting appraiser at the headquarters port relative to market values and furnish samples when neces- sary. All invoices covering merchandise subject to an ad valorem rate of duty or to duties based upon or regulated in any manner by the value appraised at ports of entry 283 284 T. Tt. 2248 D. 33230. Ds, 22463, 0, 24221. APPRAISEMENT. will be transmitted by the collector to the appraising officer at the headquarters port for advice respecting appeals to reappraisement. Art. 562. Papers to be sent by messenger.—A1l communi- cations and papers, whether invoices, appraisement orders, or others, passing between the customhouse and the appraiser must be transmitted by an officer of the customs or an official messenger, except where otherwise expressly authorized by the Department. Art. 563. Invoices—Transmission of —The collector will transmit the invoice to the appraiser after having at- tached thereto Customs Form 6417, on which he has designated the packages to be examined and the place of examination. Art. 564. Examination at importers’ premises—The col- lector may, with the concurrence of the appraiser, permit the examination or articles of a fragile or bulky character, for which formal entry has been made, at the premises of the importer or upon the wharf. Before granting permission to examine at the import- er’s premises the collector may require the importer to deposit with him an amount sufficient to cover any addi- tional expense of such examination and to execute a bond, on Customs Form 3373, for the redelivery of the mer- chandise, if he shall deem it advisable. The packages, before being removed from the place of unlading, shall be corded and sealed by a customs officer, a caution notice, Customs Form 3355, pasted thereon, and shall be opened only in the presence of an examiner, the appraiser, or assistant appraiser. Art. 565. Examination of machinery—Machinery may, upon application by the importer or owner, be examined and appraised at the mill or factory after being set up, upon compliance with the following conditions: The importer or owner shall file with the collector a bond, on Customs Form 3401, in double the amount of the estimated duties, if the collector shall require the same, and deposit an amount sufficient to pay any addi- tional expenses of such examination, and shall stipulate that he will not contest the validity of such appraise- ment. The appraiser shall make such preliminary examina- tion as may be necessary to identify the merchandise with the invoice. APPRAISEMENT, Art. 566. Delivery—Appraisement and cancellation of bond.—A fter the bond has been filed and the preliminary examination made by the appraiser, the collector may release the packages to the importer. Within 90 days after the issue of the delivery per- mit the importer must notify the collector or appraiser that the machinery has been set up and is ready for ex- amination, whereupon the appraiser shall proceed with the final examination and appraisement. Art. 567. Examination of explosives.—Matches and other inflammable, explosive, and dangerous articles will be examined at the importers’ stores or other suitable places, and not at the appraiser’s stores. Art. 568. Examination of textile fabrics——The appraiser, 285 Act Oct. 3, 13 pars. at ports where there is no textile analyst, should submit259, 953. to the nearest port at which such an officer is located 3 samples of all fabrics requiring analysis to determine the component material of chief value, the character of the weave, or the number of the yarns. Art. 569. Recall of unexamined packages.—Except in cases where the appraiser is authorized to order in addi- tional packages for examination, he may request the col- lector to order into the appraiser’s stores any or all pack- ages not designated on the invoice for examination. The collector shall, upon such request, direct the re- quired packages, if in customs custody, to be sent to the appraiser’s stores. If the packages have been delivered to the importer, under bond for redelivery, the collector shall at once require the importer to deliver them to the storekeeper at the appraiser’s stores. The requisition will be on Customs Form 3483, and will be mailed to the im- porter or sent by special messenger. Art. 570. Appraisement on samples——The appraiser may make appraisement on samples of such merchandise as is, by commercial usage, bought and sold by sample. The samples shall be selected by a customs sampler, or other authorized customs officer, from the packages desig- nated by the collector for examination, and shall be properly marked to insure identification. Art. 571. Samples to be filed—All samples, except samples of perishable goods, taken by or furnished to appraising officers, and all sample cards received from consular officers, shall be filed as official documents, with notations to identify the same. The samples and cards T. Ds. 33823, 3907. T. Ds, 30379, 31168, 31673. T. D. 17092. 286 Act Oct. 3, 1913, sec. III APPRAISEMENT. so taken and received will be retained on file for at least six months from date of receipt. Art. 572. Action by appraiser.—The appraiser shall ex- ’ pars. K and L. amine all merchandise designated by the collector for T. D. 34002 T. D. 34274 T. D. 30016 T. D. 31526 U. S. v. Pas: savant, 169 U S., 16. T. D. 19729. examination. He shall report the market value of the merchandise per se as defined by law, and shall also report the quan- tities of such merchandise as is not required to be weighed, gauged, or measured by the surveyor. The appraiser shall ascertain and report the weight or gauge of liquors in bottles, cigars, snuff, medicinal preparations, drugs, perfumes, and other articles exam- ined at the appraiser’s stores, put up in small packages and subject to a specific rate of duty, or to a rate depend- ent upon the weight. - He shall also, for the information of the collector, advisorily report the value of the cost and charges inci- dental to placing the merchandise in condition, packed ready for shipment, and indicate such costs and charges as he considers to be a part of the dutiable value. - When the market value of any article wholly or par- tially manufactured can not be ascertained to the satis- faction of the appraiser, he shall proceed to ascertain the cost of production thereof, in accordance with the provisions of paragraph L of section ITI of the tariff act of October 3, 1913. - In appraising merchandise which is consigned for sale in the United States, or sold for exportation to the United States, but is not actually sold or freely offered for sale in usual wholesale quantities in the open markets of the country of exportation to all purchasers, the ap- praiser shall proceed to find and return the market value in the manner prescribed by the last provision of para- graph L of section III of the tariff act of October 3, 1913. - When merchandise is sold for exportation to the “United States at prices less than it is sold for consump- tion in the country from which exported, either because of the remission of duty, internal-revenue, bonification, or other tax, or for any other reason, the appraiser should ascertain and report the value at which such merchandise is sold for consumption in the country from which exported. If such value can not be other- wise ascertained, the amount of the duty or tax re- mitted on exportation should he added to the export price to make market value. APPRAISEMENT. 287 Art. 573. Appraisement order—Damaged merchandise.— 2%. §. 2926. Upon receipt of an order for the appraisement of mer- chandise which has sustained damage during the voyage of importation, the appraiser shall make an examination of the merchandise and report the foreign value thereof in the condition in which such merchandise arrived i in the United States Art. 574. Casualty or excessive moisture—Appraisement.— _R. s., 2926, On receipt of an application by the importer, accom- panied by an order from the collector, on Customs Forms 4315 or 4317, for the appraisal of merchandise claimed to have absorbed excessive moisture or sea water on the voy- age of importation, or to have been damaged by fire or other casualty while in customs custody, the ap- praiser shall make an appraisement of the particular packages specified in the application and report the per- centage of excessive moisture, if any, or the damage sus- tained by fire or other casualty, and return the papers to the collector. . Art. 575. Loss of weight—Increase in value——When mer- oe : ener chandise subject to an ad valorem rate of duty has de- 26956. creased in weight by reason of evaporation, or otherwise, and the value has correspondingly increased, the ap- praiser should add to the unit value sufficient to make the market value of the merchandise in the condition in which imported. Art. 576. Country and principal markets.—The term ee eet “country,” as used in the law, is to be regarded as em- 29523. ? bracing all the possessions of a nation, however widely separated, which are subject to the same supreme execu- tive and legislative authority and control. Art. 577. Diversion to another country.—Merchandise T. D. 22338. imported from one country, being the growth, produc- tion, or manufacture of another country, will be ap- praised at its actual value in the principal markets of the country from which immediately imported. If it ap- pears by the invoice, bill of lading, or other evidence that the merchandise was destined for the United States at the time of original shipment, it will be appraised at its value in the principal markets of the country from which originally exported. Art. 578. Time of exportation—For the purpose of as- jfst Oct} certaining the market value the appraiser shall consider P47 x 2004, the date on which merchandise actually leaves the coun- .gh3Ds 2799, 288 T. D. 31353. R. S., 2910. T. Ds. 12393, 14621, 25326, 28596. R. S., 2911. T. D. 28596, 49 Fed. Rep., 216. APPRAISEMENT., try of exportation to the United States as the date of ex- portation, which date may be established by the date of sailing of the vessel from the foreign port as declared to by the master on entry, or by a bill of lading showing the date of shipment certified by the American consular officer. Merchandise shipped from an interior country, in- tended for exportation through the ports of another coun- try to the United States, is exported within the meaning of the law when it begins its journey to the United States from the interior place of shipment, and the time of ex- portation may be established by the date.of the bill of lading, certified before an American consular officer and noted on the certificate attached to the invoice, such con- sular certification to be accepted in the absence of con- clusive evidence to the contrary. Art. 579. Average price—Merchandise generally — When merchandise of the same material or description, but of different market values, is invoiced at an average price and subject to different rates of duty, the appraiser shall ascertain and report on the invoice the actual market value of each kind and whether or not it is the custom of the trade in the country of exportation to sell such mer- chandise at an average price. Art. 580. Average price—Wool and cotton Whenever articles composed wholly or in part of wool or cotton of similar kind, but different quality, are found in the same package, charged at an average price, it shall be the duty of the appraisers to adopt the value of the best article contained in such package, and so charged, as the average value of the whole. Art. 581. Delivery of examination packages.—If the ap- praiser finds that the duties deposited on merchandise specified on the invoice before him for examination are sufficient, he may issue a permit for the delivery of the examination packages upon completion of his examina- tion. If the appraiser finds that increased or additional du- ties will accrue on said merchandise, he will not issue the permit therefor. The collector, however, if such duties will be small, and the importer is responsible, may per- mit the delivery of the examination packages upon the importer indorsing on the invoice or entry a stipulation to pay any increased or additional duties found due on liquidation. APPRAISEMENT, 289 When the appraiser’s return indicates that the in- creased or additional duties will be considerable, the col- lector will require a deposit.of an amount sufficient to cover said duties before delivery of the examination pack- ages. Art. 582. Returns by appraiser—A ppraising officers will ,,3,Ps- 26793 observe the following rules in making returns: Opposite each item or group of similar items upon the invoice the examiner will write or stamp in red ink a brief description of the merchandise; if the merchandise is specifically provided for the return should be made in the language of the tariff, citing the paragraph and the prescribed rate of duty, but all merchandise not specifi- cally provided for should be described with sufficient ‘fullness to enable the collector to classify the same for duty. When invoice prices are advanced to make market value, there should be written or stamped, in red ink, over or opposite each item advanced, the words “Ap- praiser adds to make market value,” with the amount of the advance per unit in the currency of the invoice. When items, such as commissions, discounts, or charges, 4abe staos” are deducted on entry so that the entered value of the merchandise per se is below the market value, the ap- praiser should make the advance by noting “Appraiser adds to make market value,” and state the amount added. The appraiser shall make a return of each invoice on Customs Form 6417. The examiner will insert in column 1 the marks on the package, in 2 the numbers, in 3 indicate whether or not the rate and quantity have been changed, in 4 whether or not the value is correct, in 5 the date of ex- amination, in 6 his initials, and in 7 any remarks or special report. Art. 583. Omitted and prohibited articles—The ap- 2%. §. 2901. praiser shall report all articles found which are not specified in the invoice and all articles prohibited im- portation. With respect to omitted articles, he shall express his opinion as to whether or not fraud was intended. Art. 584. Finality of return—The return of the ap-_ T. Ds. 6928, 3 ; é , 8295, praiser as to value can not be reconsidered or modified by 8584, 15320, him after the report of appraisement hasbeen lodged with U.' s. v a : 3 Moorewood, 94 the collector, except in case of a manifest clerical error. Fed. Rep., 639. 3130°—15——19 290 T. Ds. 28250, 29122, 30336, 33557, par. 4 Act Oct. 3, 1913, sec. III, par, N. T. Ds. 29835, 29999, 30296, 31084, 31732, 33518, 33619. T. D. 33904. Act Oct. 3, 1913, sec. III; par. N. Act Oct. 3, 1913, sec. ITI, a . Ds. 28353, eoeee 29144; 29483, 2109; 32781, 33030. T. Ds, 33227, p. 325. APPRAISEMENT. Art. 585. Notice of advance.—The collector at the head- quarters port, or the deputy collector in charge at any port of entry, shall immediately give the importer notice, on Customs Form 4301, of any advance in value made by the appraiser. The mailing of this notice to the importer’s address will be a compliance with this requirement. Art. 586. Reappraisement—Method of appeal.—The ap- praiser’s return of market value is final and conclusive unless an appeal for reappraisement be filed as herein- after provided. The importer or his agent may, if he deems the ap- praisement of any merchandise too high, appeal for re- appraisement if he has complied with the requirements of the law with respect to the entry and appraisement of the merchandise. The appeal must be filed with the collector within 10 calendar days from the date of the notice of the appraise- ment and a fee of $1 deposited with the collector within two calendar days from the time of filing the appeal. Collectors may appeal to reappraisement at any time within 60 calendar days after the return of the ap- praiser, if he deems the appraisement too low. When the collector appeals to reappraisement he shall at once notify the importer in writing of his action. Art. 587. Appeal to rereappraisement.—The sppaies or his agent, may, if he deems the reappraisement too high, appeal to rereappraisement within 5 calendar days from the date of the reappraisement by giving notice to the collector, in writing, without the payment of a fee. The collector may, if he deems the reappraisement too low, appeal for rereappraisement within 10 calendar days from the date of the reappraisement, and shall imme- diately notify the importer in writing. Art. 588. Appeals, transmission of, to Board of General " Appraisers—Samples.—When the appeal to the appraise- ment by the importer has been completed by filing the “notice and depositing the fee, or in case of an appeal by himself, the collector shall transmit the invoices and all papers pertaining to the reappraisement to the Board of General Appraisers at New York. The collector shall keep a record of appeals on Cus- toms Form 4337. The collector may, with the consent of the Board of General Appraisers, deliver to the importer any mer- APPRAISEMENT. chandise pending reappraisement which has not been advanced more than 75 per cent upon a deposit by the importer of an amount sufficient to pay the increased and additional duties. The appraiser will, when practicable, retain samples of all merchandise subject to reappraisement. If samples are needed to sustain the Government’s case, they should be sent, if possible, by parcel post under Gov- ernment frank; otherwise they should be forwarded under Government bill of lading and carrier’s special manifest consigned to the collector of customs at New York with the notation “For the use of the Board of . General Appraisers.” If samples are sent to the board at the importer’s re- quest, the transportation charges must be paid by him. Art. 589. Notice to importers of reappraisement deci- sions.—The collector, on receipt of notice of a reappraise- ‘ment decision, shall immediately issue to the importer a notice of any advance over the entered value on Customs Form 4309. Art. 590. Report on appeals to reappraisement.—If either the importer or the collector shall appeal to reappraise- ment the collector shall at once notify the appraiser. The notice shall state the name of the importer, kind of merchandise, the entry number, the date of entry, and the name of the importing vessel. Upon receipt of such notice the appraiser at ports other than New York will cause a report to be made on Cus- toms Form 6449 and to be forwarded to the appraiser at New York within four days after receipt of the notice. Collectors will forward the balance of the papers in such appeals to the Board of United States General Appraisers. , The appraiser at New York, upon receipt of a report on Customs Form 6449 from the appraiser at another par, M, port, will cause the report to be completed and forwarded to the Assistant Attorney General in charge of customs within 48 hours after the receipt thereof. Upon receipt of notice of appeal to reappraisement of merchandise entered at New York the appraiser will cause a report, on Customs Form 6449, to be made out and forwarded to the Assistant Attorney General in charge of customs within four days after the receipt of the notice of appeal. 291 T. D. 23436. T. D. 34989. t Oct. 3, 1913" sec. III, . 35218. 292 T. D. 35076. APPRAISEMENT. Art. 591. Forwarding comparative valuation report cards and samples to the United States appraiser at New York.— The appraiser at each headquarters port will forward by mail to the appraiser at New York at the close of each day a comparative valuation report, on Customs Forms 6431a, 6431b, or 6431c, as the case may require, cover- ing articles of merchandise passed during that day, ex- cept the articles specified in the following list: Ores, metal, sugar and molasses, coal and coke, salt, lumber (including clapboards and shingles), cattle, swine, horses, mules and sheep, grains which are sub- ject to a specific duty, hay and straw, butter, milk, cream and eggs, vegetables in their natural state, fruits - in their natural state, bacon and hams and other meats, poultry, wood pulp, hides of cattle, coffee, ice, raw furs, tea, and articles covered by paragraphs 397, 404, 424, 428, 571, 577, and 642 of the tariff act of October 3, 1913. Cards should not be held for an accumulation, but should be sent as soon as possible after the receipt of the merchandise. Samples should accompany each report whenever possible, and where practicable be forwarded under the same cover. When large invoices are received a card need not be made out for each item, but cards and samples of representative items of each line should be forwarded. These items should be carefully selected, and should not be confined to those concerning which there may be doubt as to correct value or classification. In making out cards particular attention should be paid to placing thereon the correct manufactnurer’s number. The importers’ numbers should not be confused with those of the manufacturer. Reports should not be made covering commodities that can not be identified by ade- quate description, unless the report is accompanied by a sample. When reporting values a specific statement should be made as to shipping terms and whether the price is f. 0. b., c. i. £., etc. When information is de- sired as to any particular item, a notation calling atten- tion to the same should be made in the “Remarks” column. The duplicate card will be filed in the office of the appraiser at New York and the original returned to the sending port with reply noted thereon. This reply will consist of a report as to the value at which identical or similar merchandise is being appraised and advisorily classified at New York. If no similar or comparable APPRAISEMENT. merchandise is received at New York, reply will be made to that effect. Any information as to value contained in such cases is for the information of the appraising offi- cers only and should not be disclosed to importers or others. In the event that appraisement or classification is sus- pended by the sending port pending receipt of a reply from New York, a notation to that effect should be made of the fact on the card. Upon receipt at New York of such cards they will be given precedence over other cards and replied to immediately. In the event of delay in the return of cards, after allowing time for transit to and from New York plus a reasonable time for investigation at-that port, the sending port should immediately communicate with the appraiser at New York, inclosing a duplicate card. The description of the merchandise on the cards should be, as far as possible, in accordance with the com- mercial designation of the article. It should be specific and not predicated on the tariff description, unless the general or commercial designation and the tariff descrip- tion agree. The general class to which the article belongs should appear first on the card, and following it the subdivision of the class to which it belongs, as shoes, leather chief value; shoes, leather and cotton, cotton chief value; stockings, silk; stockings, cotton; gloves, men’s cotton; gloves, women’s cotton. After an importation has been reported samples and cards need not be forwarded oftener than once in three months for subsequent importation identical in quality, material, entered and appraised values, and classification, except in case new information has been received by the sending port or from the Comparative Valuation Report Bureau as to a change or expected change. In the districts where there are ports of entry, such ports shall report on such cards through the appraiser or collector at the headquarters port for that district, who will promptly examine, indicate the practice of the headquarters port thereon, and forward the same to the appraiser at New York. Art. 592. Action by the appraiser at New York.—All com- parative valuation report cards and samples will be care- fully compared by the appraising officers at New York with those covering identical or similar merchandise re- ceived from other ports, and also with the classification 293 T. D. 35076. 294 T. D. 35076. APPRAISEMENT. and appraisement of identical or similar merchandise passed at that port. Any discrepancy found in the classi- fication or appraisement of identical or similar merchan- dise will be made the subject of correspondence between the United States appraiser at New York and the customs officers reporting the same and other ports passing simi- lar merchandise. If an agreement as to the correct ap- praisement or classification can not be reached by corre- spondence the appraiser at New York will report the matter to the department. The United States appraiser at New York will report to the department each month all discrepancies in ap- praisements and classifications noted by him, and the action taken thereon, for such further action as the de- partment may deem necessary. Art. 593. Exchange of information between ports—A list of the commodities principally imported in each cus- toms district will be forwarded to the appraiser at New York by the appraiser or acting appraiser at each head- quarters port. This list should be subdivided according to ports of entry, and on it should appear a general de- scription of the merchandise regularly imported, the country from which exported, and the name of the manu- facturer, or, in the absence of information as to the name of the manufacturer, the name of the shipper of the mer- chandise. The list should be supplemented from time to time by a list of new commodities regularly imported. The importation of unusually large quantities of any commodity or discontinuance of commodities regularly imported should be made the subject of a special report. A list of the catalogues and price lists in the posses- sion of the appraising officers in each customs district will be sent to the Comparative Valuation Report Bu- reau, giving the title thereof and a general description of the merchandise covered thereby. When new catalogues, reports, or price lists are re- ceived by appraising officers they will be immediately forwarded to the Comparative Valuation Report Bureau for information and will be returned after five days. Such catalogues or price lists should be accompanied by a statement as to trade discounts and full information as to the manner in which the same were obtained. When new catalogues or price lists are secured by ap- praising officers at New York, all ports receiving com- modities covered thereby will be notified through the APPRAISEMENT. Comparative Valuation Report Bureau, on Customs Form 6431f, that such catalogues and price lists may be ob- tained for a limited time upon application. When reports of special commissioners, special agents, or consular officers are received at New York a copy will be sent to all interested ports. Art. 594. Reports of changes in value or classification.— All advances or reductions in value by importers or ap- praising officers or changes in classification will be re- ported to the Comparative Valuation Report Bureau by the appraising officer at each headquarters port and port of entry on the first addition or change of classification enly (not requiring notification for each change on the same merchandise), giving a full statement as to the reason for such action, and using Customs Form 6431d. When general advances or reductions are made a re- port need not be made for each item, but the percentage of advance should be stated, and the report accompanied by representative samples. Whenever practicable, re- ports of advances or reductions in rates or values should be accompanied by samples, particularly where the mer- chandise is of such character that exact identification by description is impossible. When an advance or reduction in value is made by an importer or appraising officer at New York or a change of classification is made, not published as a Treasury Decision, all interested ports will be notified on Customs Form 6431d. Any actionetaken as a result of the information fur- nished by the appraisement bureau will be immediately reported to that bureau. Correspondence under the regulations contained in articles 591 to 594, inclusive, will be addressed as follows: “United States Appraiser, 641 Washington Street, New York, N. Y.” 295 T. D. 35076. CHAPTER XI. RELIEF FROM DUTIES ON MERCHANDISE DESTROYED, INJURED, ABANDONED, 0R SHORT-SHIPPED. CASUALTY. EXCESSIVE MOISTURE. Art, . Art. 595. Remission of duties on account of. | 605. Application. 596. Application. 606. Procedure. 597. Report to the department. 598. Partial loss or damage in transit. SHORTAGES, 599. Total loss of merchandise in transit. 607. Packages. NONIMPORTATION. 608. Deficiencies in contents of pack- 600. Perishable articles—Allowance for ages. decay. 609. Missing bottles—Wines and liq- 601. Condemned fruit and perishable uors. articles. 610. Loss of wines and liquors in transit. ABANDONMENT. 611. Delivery. 602. Time—Quantity. 612. Broken or otherwise injured. 603. Delivery and examination. 618. Contents in condition as exported. 604. Disposition of. 614. Outages. CASUALTY. Art. 595. Remission of duties on account of—The Secre- RB. iS ee tary of the Treasury is authorized to abate or refund the abil, * 4669, duties upon the production of satisfactory proof of the Brees eset \ injury or destruction in whole or in part of any mer- chandise by accidental fire or other casualty while in customs custody in any public or private bonded ware- house or in the appraiser’s stores, while in transportation under bond, while in custody of customs officers and not in bond, or while within the limits of any port and be- fore the same has been landed. Art. 596. Application —No remission or refund of such duties will be made unless the importer shall file an ap- plication (Customs Form 4315) with the collector at the - port where the damage or destruction occurred or where the merchandise first arrived thereafter, which applica- 297 298 R. S., 2984. RELIEF FROM DUTIES. tion will be forwarded to the appraiser for appraisement of the merchandise. Art. 597. Report to the Department.—The collector shall transmit the report of the-appraiser to the Department, with a statement of the date of maturity of the bond, if any, the amount due thereon, and the amount of duty paid or due, together with any other facts which may have a bearing on the claim, including a report of the officers having charge of the merchandise at the time of the casualty. Art. 598. Partial loss or damage in transit—Application for remission of duties in case of partial loss or damage of merchandise in course of transportation from one port to another in the United States under bond must be made to the collector at the port of destination within 10 days after the arrival of the merchandise at such port and while such merchandise is still in the custody of customs officers. The application must be accompanied by a state- ment, under oath, of the master of the vessel or the con- ductor of the car or vehicle, setting forth the nature of the casualty. Subsequent proceedings will be as prescribed in the preceding articles. Art. 599. Total loss of merchandise in transit—_When total loss by accidental fire or other casualty has occurred in the course of transportation from one port to an- other, under bond, the application of the importer or carrier for the remission of duty shall be filed with the collector at the port at which the transportation entry was made. The application must be supported by the following evidence: (a) A bill of lading or shipping receipt for the mer- chandise. (6) A statement, under oath, of the master of the vessel or conductor of the car or other vehicle showing the nature of the casualty. (c) An affidavit of the applicant that the merchandise was on board the vessel and was totally lost or destroyed, and that no reasonable probability exists of recovering or saving any part thereof. The collector will transmit the application to the De- partment as provided for in article 597, 7 * RELIEF FROM DUTIES. NONIMPORTATION. Art. 600. Perishable articles—Allowance for decay.— i975" 0° Notice of intent to claim an allowance for shortage or "4 Ds, 30028 299 £3) Ill, ? 30704, é s e an 30446, nonimportation, caused by decay, destruction, or injury 31608, 33480, to imported fruit, or other perishable articles, whereby ° their commercial value has been destroyed, must be filed with the collector at the port of importation within 96 hours after the arrival of the importing vessel. The notice shall be in the following form: To the collector of customs: Notice is hereby given that the undersigned claim an allowance for decay upon the following described articles, consigned to , per S/S. , which arrived at o’clock — m. on the —— day of . 19—, and you are hereby re- quested -to cause an examination of said articles to be made to determine what allowance shall be made on account of decay therein upon liquidation of entry No. — covering the same. Number and _ description of packages Character of articles. Marks and numivers. (Signature. ) Proof of the shortage or nonimportation must be filed with the collector within 10 days after the landing of the merchandise. The collector shall upon receipt of such notice refer on it to the surveyor on importations of weighable and gaugable merchandise, and to the appraiser on all other kinds of merchandise, to examine the shipment and esti- mate the percentage of decayed and worthless merchan- dise. The report of the surveyor or appraiser, as the case may be, shall form the basis for the liquidation of the entry. In the case of fruit subject to specific rates of duty dependent on the size of the package, no allowance will be made unless the percentage of decay in the package reduces the quantity of sound fruit to an amount less than the minimum capacity prescribed for the containers in which such fruit is imported. Art. 601. Condemned fruit and perishable articles—When fruit or perishable articles have been condemned by the 3482 T. D. 33392, T. Ds. 32071, 737. T. D. 84241, T. Ds. 31699, 300 RELIEF FROM DUTIES. health officers or other legally constituted authorities at the port of entry within 10 days after landing, the im- porter may, within 24 hours (exclusive of Sundays and holidays) after, but not before, such condemnation, file with the collector a notice in writing, together with an invoice description of the articles, and the quantity of the articles condemned, their location and the name of the vessel in which iniported: Upon receipt of said notice, the collector shall cause en investigation to be made by two customs officers, who shall make a report to the collector in writing as to the identity and quantity of the fruit or perishable articles condemned and whether or not the same were condemned within 10 days after landing. If it appears from the evidence submitted by.the im- porter and the report of the investigating officer that the T. D. 33482. merchandise was condemned within 10 days after the landing thereof, and a timely notice was filed, allowance for the articles so condemned may be made in the liqui- dation of the entry. ABANDONMENT. 1948" oo" Art. 602. Time—Quantity.—An importer may within 10 ar. x. 4098, days after the date of entry as defined in article 223 24239, 24642, abandon all or any portion of merchandise included in any invoice, and be relieved from the payment of duty on the portion so abandoned, provided such portion shall amount to 10 per cent or more of the total value or quantity of the invoice on which entry is made. The 10 days include Sundays and holidays. oogay 763° = The notice of such abandonment must be filed with the collector in writing. 33303," saaee, Art. 603. Delivery and examination—Merchandise to be 82072, 34082. abandoned must be deliverable, and the importer must deliver it at such place within the port of arrival as the collector may direct. If the importer shall fail to make delivery as directed, the collector will transfer such merchandise at the expense of the importer. The collector shall cause the abandoned merchandise to be examined and identified with that described in the invoice used in making the entry. T. D. 15090. Art. 604. Disposition of-~—The collector shall sell the abandoned merchandise for the account of the United States, and after paying the expenses of sale, deposit RELIEF FROM DUTIES. 301 and account for the net proceeds under “ Miscellaneous receipts from customs.” No part of such proceeds shall be returned to the importer. If the merchandise is en- T. D. 23973. tirely worthless, or the expense of sale would probably exceed the proceeds, the collector shall immediately de- stroy the same. EXCESSIVE MOISTURE. x Sores (abst. 2967), Art. 605. Application—Application on Customs Form _ 1. ps. 26292, 4317 for a reduction of duty on account of excessive Ty? oe (Abst. 21892), moisture, or absorption of water on the voyage of im- T. D. 29877 portation, must be filed with the collector not later than ee e090! five days after the return of weight. (See art. 1099.) Are a as08 Art. 606. Procedure——The collector shall transmit the cabat 399). application to the appraiser for a report of the increased weight of the merchandise due to the unusual absorption of water or moisture, and upon his return, specifying such increased weight, if any, an allowance therefor may be made in the liquidation of the entry. SHORTAGES. Art. 607. Packages.—No allowance will be made in the T, Ds. 18084, 23574, 25802, assessment of duties for lost or missing packages appear- Bee4r, 2718, ing on the entry, unless shown by the report of the dis- 32380: charging officer not to have been landed, and unless the importer shall make affidavit on the following form and file the same with the collector within 30 days after the date of written notice of shortage. Such affidavits must be stamped with the date of receipt at the customhouse. Oath of importer—Shortage of packages. I, , do hereby that I am the of the merchandise covered by invoice No. per entered ; that no packages or merchandise have been received by me, or by any person for my account or with my knowledge, to correspond to the following marks and numbers on said invoice, to wit, ; that I verily believe that none of said packages and lone of their contents have been imported into the United States. Art. 608. Deficiencies in contents of packages.—Allow- RB. §., 2921. ances shall be made in the liquidation of duties for defi- 4310, Pols, ciencies in packages found by the appraiser or other cus- 17844, 18506, toms officer and so certified to the collector, provided the nee 24361, collector is satisfied that the missing articles were not 30180, a included in the importation. 33374, 34352. 302 RELIEF FROM DUTIES. There shall be no allowance for shortage in an unex- amined case unless claim of shortage is made within two days from its discovery, and the case is returned to the appraiser’s stores for verification, and evidence is pro- duced to the collector that the missing articles’ were not landed. Such evidence shall consist of : (a) Affidavit of the cartman that the packages were intact and there was no abstraction of the merchandise while the packages were in his possession. (6) Affidavit of the employee of the importer who opened the packages that the shortage was found by him, . and that he did not find the missing articles in any other T. D. 32380, T. D. 33055 (Abst. 30897). Act Oct. 3, 1913, par. 244. T. Ds. 27330, 84140, 34450, 066 T. D. 34450. package. (ce) Affidavit of the importer, owner, or ultimate con- signee that the goods claimed short were not received by him or for his account and that he verily believes that they were not imported. ; Art. 609. Missing bottles—Wines and liquors—Allow- ance shall also be made for bottles of wine, liquors, cor- dials, or distilled spirits reported missing -by the ap- praiser or discharging inspector where the container shows at least 12 compartments. Art. 610. Loss of wines and liquors in transit.—Allow- ance shal: be made for breakage, leakage, or damage when it shall appear from the gauger’s return, verified by an affidavit by the importer, to be filed within five days after the delivery of the merchandise, that a cask or package has been broken or otherwise injured in transit from a foreign port and as a result thereof a part of its contents, amounting to 10 per cent or more of the total value of the contents of said cask or package in its condition as ex- ported, has been lost. Art. 611. Delivery.—Delivery shall be construed to be effected at the time when merchandise is actually de- livered by the customs officers either directly to the importer or to the storekeeper in charge of a bonded warehouse. Where gauging is delayed until after the merchandise has been deposited in a bonded warehouse, date of delivery shall be construed to be the date of the completion of the gauging. Allowance shall be made only for such losses as occurred prior to the gauging of the merchandise. When merchandise is forwarded under an immediate transportation entry delivery shall be effected at the port of destination under the above conditions. RELIEF FROM DUTIES. Art. 612. Broken or otherwise injured.—The loss must not be merely the result of ordinary leakage, but must be occasioned by breakage or other injury. Unlading in- spectors should particularly note whether casks or pack- ages which are in bad order are broken or injured. When a cask or package arrives with loose staves or headpieces breakage or injury will be presumed. Losses out of a package which has been plugged, but is otherwise in good condition, will be considered to be due to causes other than breakage or other injury. Art. 613. Contents in condition as exported.—This is held to mean the invoiced quantities, provided specifications are given for each individual package, otherwise the “contents exported” shall be held to be the gross ca- pacities returned by the gauger. 303 T. D. 34450. Art. 614, Outages.—Outages not within the scope of the , 7, Ds. 26547, preceding articles by reason of being under 10 per cent or not being the kind of loss provided in the law, or by failure to file timely affidavit, will be subject to an allow- ance of 24 per cent for normal outage from the capacity as shown by the gauger’s return or the invoice quantity, according to the circumstances. Art. 615. 616. 617. 618. 619. 620. 621. 622. 623. 624. 625. 626. 627. 628. 629. Art. 615. Procedure Liquidation of entries is the final computation or ascertainment. of. the duties accruing thereon, based upon the reports of the appraiser (or e367" general appraiser or Board of General Appraisers in re- 3763? appraisement cases) as to the quantity, character, and 32746, CHAPTER XII. LIQUIDATION OF DUTIES. Procedure. Importations at ports of entry. Weight, gauge, or measure. Dutiable value. Reduction of entered value. Average price. Values of foreign currency. Additional duties. Additional duties—Pro forma in- voices. Additional duties—Special cases. Remission of additional duties. Errors, correction of. Supplemental report by appraiser. Excess of merchandise. Articles in examination packages not specified in the invoice. Art. 630. 631. 632. 633. 634. 635. 636. 637. 638. 639 640. Change in classification—Higher rate, ; Discriminating duties. Countervailing duties. Printing paper. Imports from Cuba. Record of liquidations. Warehouse entries. Liquidation suspended pending re- appraisement. Refund of excess of deposits, no- tice of. Payment of increased and addi- tional duties, notice of. Limitation upon reliquidation. Act June 22, 1874, sec.21, 18 Stat., 190. TDs. 23655, 28848, 29141, value of the merchandise covered by the invoice, and the 3487, returns of the surveyor as to weight, gauge, or measure- ment. Whenever the amount of duties thus ascertained does not differ by as much as $1 from the duties estimated at time of entry, the liquidator will certify to the origi- nal statement of duties by checking the same with his ini- tials in red ink; if there is a difference of $1 or more from the entered duties, a new statement shall be made in red ink and so checked. At ports at which there is a naval officer the liquida- tion of the entry will be verified by the naval officer. case the naval officer and the collector do not agree as to the liquidation, the facts should be submitted by the col- lector to the department for decision. When the liquidation is completed, the entry must be stamped with the word “ Taguidated: ” and the date of 3130°—15——20 29430, 30251, 31334; 31791 32957, 33982, In 305 306 T. D. 28439, T, De 27716, T. D. 31791, par. 2. T. D, 33557, par. 5. T. D. 33227, p. 324. T. D. 33557, par, 6. T. D. 34025. T. D. 33227, p. 324, LIQUIDATION OF DUTIES, stamping. This stamp is the legal evidence of liquida- tion, and on the same day a bulletin notice thereof, on Customs Form 4333, must be posted in a conspicuous place in the customhouse for the information of im- porters. In the computation of duty on consumption, ware-— house and appraisement entries, ad valorem rates will be applied to the value in even dollars. Fractional parts of a dollar less than 50 cents will be disregarded, and if 50 cents or more, they will be considered as $1. If the rate of duty upon such entries is specific, and 50 cents or less per unit, fractional quantities less than one-half will be disregarded, and if one-half or more, will be treated as a whole unit. If the specific rate is more than 50 cents per unit, it will be assessed upon the exact quantity and the fractional part thereof, if any, ex- pressed in the form of a decimal extended to two places. Art. 616. Importations at ports of entry—When an im- portation is made at a port of entry the original copy of the entry will be forwarded to the headquarters port on the date of receipt, followed by the duplicate copy, with bill of lading, invoice, weigher’s and gauger’s returns, and other papers necessary for liquidation, as soon as practicable after examination and appraisement. All entries will be liquidated at the headquarters port and the liquidation verified by the naval officer, if there be one. One copy of the entry, showing the liquidation, together with the bill of lading and any other papers not required for the Auditor for the Treasury Department, will be returned to the port of entry and retained there until protest has been filed or the time for filing protest has expired, when the invoice, special returns, and other papers will again be promptly transmitted to the head- quarters port, the entry being retained at the port of entry. The bulletin notice of liquidations (Customs Form 4333) will be prepared at the headquarters port, bearing the date of liquidation stamped on the entries, and will be forwarded to the port of entry with the liquidated entries, and posted there. The “ Bulletin notice of entries liquidated” should not give details of liquidation, but should note the result in the terms “As entered,” “ In- crease,” or “ Refund.” Importers in each case will be notified by mail of in- creased duties found due the Government upon liquida- LIQUIDATION OF DUTIES. tion on Customs Form 4877, and the deputy collector will collect and account for such duties as in the case of other receipts. “Refund ” notices (Customs Form 4875) will be issued and refunds made from the headquarters port. Refund checks will be drawn at the headquarters port and for- warded to the deputy collector in charge at the port of entry for delivery. 307 T. D, 34914. Art. 617. Weight, gauge, or measure.—When duties are , Act Oct. 3, 1913, sec. Iv; based upon the weight, gauge, or measure of merchan- par. Q. dise deposited in bonded warehouse, the duty shall be liquidated upon the weight, gauge, or measure at the time of unlading. The railroad weights of bulk cargo unladen directly from the importing vessel into cars may be taken unless varying materially from the invoice weights, in which case a special investigation should be made. The invoice weight of merchandise subject to ad valorem rates of duty, which must be weighed to ascer- tain the dutiable value and quantity, may be accepted for the assessment of duty in all cases where the differ- ence between the invoice weight and the weight returned by the United States weigher is less than 1 per cent. Invoices, weigher’s and gauger’s returns, and all papers upon which the liquidation is based should be filed with the entry after the liquidation is completed. The invoice quantities of duty-free importations, such as coal, lumber, oil, etc., need not be verified by weighing, measuring, etc. The liquidated entries should be filed at nonnaval office , ports in numerical order by the entry numbers. T. D. 31344. as ae 33227, Art. 618. Dutiable value——Collectors will distinguish 1913 oT between market value and dutiable value. The former is to be determined by the appraiser and the latter by the 3 collector by adding costs, charges, and expenses to the market value as returned by the appraiser. For the pur- pose of determining the rate of duty when such rate is dependent on value, the value of the costs and charges should be added to the per se value of the merchandise, and the regular duties should be assessed on the appraised value, plus costs and charges. The return of the appraiser as to costs and charges should be considered by the collector as advisory only, and may be revised and corrected by him. When the appraiser reports a higher value for costs and charges pars. K, L, and R. T. Ds. 33306, 4002, 34274, T. D. 34002. 308 Act Oct. 3, 1913, sec. III, par. I. T. D. 34385. Act Oct. 3, 1913, sec. III, par. I. T. D. 34274. Act Oct. 3, 1918, sec. III, ar. I, T. Ds. 21327, 21525, 22921, 23519, 29807, 81032, 34179, 84363, 34565, T. D. 34806. R. S., 2910. T. Ds. 27955, 28596, 29072. LIQUIDATION OF DUTIES. than that stated in the invoice, and the collector is satis- fied with this advisory return, duty should be assessed on the higher value, but no additional duties accrue. Duty should not, however, be assessed on less than the entered value of such costs and charges. In computing additional duties it is necessary to com- pare the entered value of the merchandise per se with the appraised value and to assess the additional duty only upon the appraised value of the merchandise, exclu- sive of the costs and charges. Collectors have discretionary power within their re- spective districts to remit the assessment of duties in cases where the dutiable value of an importation is less than $1. Art. 619. Reduction of entered value—Duty shall not be liquidated in any case upon an amount less than the en- tered value, unless the importer at the time of entry cer- tifies that the entered value is higher than the foreign market value, and that the goods are so entered in order to meet advances by the appraiser in similar cases then pending on appeal for reappraisement. If the importer’s contention shall be sustained by a final decision on reappraisement, he shall make applica- tion through the collector to the Secretary of the Treas- ury, stating specifically the nature of the diligence exer- cised and the inquiry made on his part prior to making his advance on entry and state from whom and what in- formation was obtained as a result thereof. The col- lector will make report thereon to the Secretary, by whose direction the entered value may be reduced. Art. 620. Average price——When merchandise of the same material or description, but of different values, is invoiced at an average price, and is subject to different rates of duty, the collector will assess duty upon the whole invoice at the rate to which the highest valued goods in such invoice are subject, unless the appraiser shall re- port that it is the custom of the trade in the country of exportation to sell such merchandise at an average price. Section 2910 of the Revised Statutes is a rule for the assessment of rates of duty and not a rule for the ap- praisement of values. It has no application except to cases in which goods that have been invoiced at an aver- age price are not merely of different values, but are also subject to different rates of duty. LIQUIDATION OF DUTIES. 309 Art. 621. Values of foreign currency—Certificates—In , Act Aus, 28, 894, the liquidation of duty the currency of the invoice will be oetae™ eaie: reduced to the money of account of the United States 35122, upon the basis of the values of foreign coins at the date ' of shipment, as proclaimed by the Secretary of the Treas- ury on the 1st day of January, April, July, and October of each year. The date of the consular certification of sans deere an invoice shall be considered the date of exportation. 27995, 31209. Whenever it is ascertained that the value of a foreign , gan cone standard coin was at the date of the exportation of any 23894. merchandise greater or less by 10 per cent than the value proclaimed therefor during the quarter in which the merchandise was exportéd, the entry should be liquidated on the basis of the proclaimed value, and the facts re- ported to the Secretary of the Treasury for an order to reliquidate the entry on the basis of the true value of such coin. Protests against such reliquidations should be for- _ tT. Ds. 17184, warded to the Secretary of the Treasury and not to the Board of United States General Appraisers. When invoices are made out in a currency which has He ire become depreciated, and the consul certifies thereon the 34542, 35122: relative value of said currency as compared with the standard coin of the country of exportation (Consular Form 144), the values in the invoice will be reduced in accordance with the consular certification. If the cur- rency certificate is not produced at time of entry no al- lowance will be made in the liquidation for depreciated currency. Art. 622. Additional duties——Additional duties besides 10 oe regular duties accrue upon any article subject to an ad p ar, A 25008, valorem duty or to a duty based upon or regulated in 22053, ° 22263, any manner by the value thereof when the appraised 29427, 32033, value exceeds the value declared on the entry, provided that the amount of duty imposed on account of the ap- praised value exceeds the amount of duty that would be imposed if the appraised value did not exceed the en- tered value. Said additional duties are assessed upon the total appraised value at a rate equal to the rate per centum that the appraised value is advanced above the entered value, but in no case shall it exceed 75 per cent. No fractional parts of a rate per centum shall be assessed, e. g., if the advance is 10} or 10%, the additional duty to be assessed will be 10 per cent. These additional duties 310 T. D. 32072. Act Oct. 3, tots, sec. lL, ne Ds. 9544, 10158, 23251, T. Ds. 31975, 32107. T. D. 2593. T. Ds. 23429, 24658 T. Ds. 17001, LIQUIDATION OF DUTIES. can not be remitted nor payment thereof in any way avoided, except in cases arising from a manifest clerical error. Nor can they be refunded in case of exportation or abandonment of the merchandise or on any other account. Nor are they subject to benefit of drawback. Art. 623. Additional duties—Pro forma invoices.—All ad- ditional duties applicable to merchandise entered on a consular invoice are also applicable to merchandise en- tered on a pro forma invoice or statement in the form of an invoice. Whenever entry is made on a pro forma invoice upon a bond being given for the production of a certified in- voice, and the certified invoice when produced shows a greater value or quantity than that stated in the pro forma invoice or returned by the appraiser, the entry will be liquidated or reliquidated on the basis of the certified invoice, but no additional duty accrues by rea- son of a greater value appearing thereon. Art. 624. Additional duties—Special cases—Additional duties do not accrue in the following cases: Where there is an error by the importer in the reduc- tion of currency, the invoice and entry stating the cor- rect foreign market value, but in the conversion a wrong equivalent is used. . Where goods which are invoiced or entered as of no value are returned by the appraiser as having a value. When merchandise is entered conditionally free of duty under bond for exportation, provided the merchan- dise is exported in accordance with the conditions of the bond. When the merchandise is prohibited from importa- tion. Art. 625. Remission of additional duties.—Additional 2867, 7 : s 29522, 33437, duties can not be remitted except on the grounds of mani- 34091, 40 nceas Sea . 34100, 34134, fest clerical error. Applications for the remission of 34248, 35438 such additional duties on the grounds of manifest clerical error should be forwarded to the Secretary of the Treas- ury through the collector of customs at the port of entry, and should not be made or forwarded until after the entry is liquidated. Such applications should be trans- mitted by the collector with a report as to the facts, to- gether with the entry papers. LIQUIDATION OF DUTIES. 311 Art. 626. Errors, correction of—Clerical errors in the ,,Act Oct 3 913, sec. III, ] ] ] r. Y. returns of weight, gauge, or measure, errors in extension P@% ¥— 4017, ti fe eat a : 28886, 28999, and additions on invoice, and similar clerical errors PPC METT CEM manifest on the face of the papers, dock books, or other 38590, ee records, may be corrected upon liquidation of the entry. 3 $4154, 34471, Such errors claimed or discovered after liquidation of . the entry, unless covered’ by protest, can be corrected only on instructions from the Department. Art. 627. Supplemental report by appraiser——Whenever Tr. p. 33951. additional information is necessary to the liquidation of the entry, the collector should return the invoice to the appraiser for review and further report. Art. 628. Excess of merchandise—Increased duty only is T. Ds. 27986, 28954, 29118, incurred by a simple excess of quantity over the quan- 29983, 30207, tity stated in the invoice, but when the unit value of the goods as declared in the entry is less than the appraised value thereof, both increased and additional duties ac- crue upon the quantity of like goods found in excess. Art. 629. Articles in examination packages not specified Rr. S., 2901. in the invoice——When any article not specified in the in- voice is found by the sappraiser in any examination package, and he shall report to the collector that in his opinion the article was not omitted from the invoice with fraudulent intent, such article shall be added to the entry and regular duties only assessed thereon. Art. 630. Change in classification—Higher rate—When a _ 1. D. 28627. collector or appraiser is of the opinion that the classi- fication of any merchandise should be advanced to a higher rate than it has been the well-established practice to assess thereon, he should so report to the Department, in order that general instructions in the matter may be issued. When it appears that it has been the uniform practice at all ports for a considerable length of time to classify merchandise at a lower rate, and a change is made to a higher rate under instructions of the department, such instructions will become effective 30 days after the date thereof. When a change in the rate of duties is made by law Act Oct. 3, while goods are in customs custody, the entry should be aoe liquidated or reliquidated, as the case may be, on the basis 288i, aeritit of the new rates. 25458. ae2e, The reliquidation in such cases shall be made at the 34049, 34308 ‘ district where the merchandise is in customs custody at the date of the change of law. 312 LIQUIDATION OF DUTIES. 7. D. 26386. Merchandise in warehouse after three years from the date of importation is deemed to be abandoned to the Government, and if withdrawn for consumption there- after it is subject to duty at the rate applicable at the time of the expiration of the three years. T. D. 35206. Art. 631. Discriminating duties—The discriminating duties provided by subsection i of paragraph J of section 4 of the tariff act of October 3, 1918, as amended by the act of March +, 1915, will be imposed only in pursuance of specific instructions issued and published from time to time by the Secretary of the Treasury. sist oct ;@ Art. 632. Countervailing duties—Whenever any coun- var. E 29849, try, dependency, colony, province, or other political sub- eee ae division of a foreign Government pays or bestows, di- ae ee. rectly or indirectly, any bounty or grant upon the ex- 35089. portation of any merchandise from such country, de- pendency, colony, province, or other political subdivi- sion, and the same is subject to duty, such merchandise is subject to an additional or countervailing duty upon im- portation equal to the net amount of such bounty or grant, however the same may be paid or bestowed, whether the same shall be imported directly from the country of production or otherwise, and whether it is imported in the same condition as when exported from the country of production or has been changed in condi- tion by remanufacture or otherwise. The net amount of such bounties or grants will be from time to time ascer- tained and published by the department, with instruc- tions for the collection of the countervailing duties. Act Oct, 3, Art, 633. Printing paper.—If any country, dependency, 1913, par. 322. sahae™ 31286, province, or other subdivision of Government shall im- 34554. pose any export duty, export license fee, or other charge of any kind whatsoever (whether in the form of addi- tional charge or license fee or otherwise) upon printing paper, wood pulp, or wood for use in the manufacture of wood pulp, there shall be imposed upon printing pa- per, valued above 24 cents per pound, when imported either directly or indirectly from such country, depend- ency, province, or other subdivision of Government, an additional duty equal to the amount of the highest ex- port duty or other export charge imposed by such coun- try, dependency, province, or other subdivision of Gov- ernment, upon either printing paper, or upon an amount of wood pulp, or wood for use in the manufacture of . wood pulp necessary to manufacture such printing paper. LIQUIDATION OF DUTIES. 313 Art. 634. Imports from Cuba.—The reciprocity treaty ,,7,D* 24838. between the United States and Cuba, proclaimed Decem- 34116. ber 17, 1903, provides that the products of the soil and industry of Cuba shall be admitted into the United States at a reduction of 20 per cent of the regular tariff rates of duty thereon. This reduction applies to all direct ship- ,,7,P%- 25209, ments and to such indirect-shipments as are accompanied by proofs showing the details of exportation from Cuba to a foreign country, as to vessel and date, and also cer- tificate of customs officer of such foreign country show- ing continuous customs custody prior to shipment to the United States. Additional duties accruing by reason of advances in T. D. 33070. value by the appraiser are not subject to the allowance of 20 per cent on importations of Cuban products. Art. 635. Record of liquidations—A record of liquida- eee tions will be kept on Customs Form 5059. ; Art. 636. Warehouse entries—Warehouse entries shall be liquidated by package when necessary for the purpose of withdrawal. Art. 637. Liquidation suspended pending reappraise- ostie gone ment.—The liquidation of entries involved in reappraise- 34550. ments or rereappraisements will be suspended pending a final decision thereon. Art. 638. Refund of excess of deposits—Notice of.— 1918, oor? Money deposited as estimated duties found to be due the Pt, ry. 24449, importer upon the liquidation of the entry should be re- 27714, 1 2428. funded from the collector’s “ Excess of deposits account.” 0.5 a waste. Whenever it is found on liquidation that a refund is due, a notice, on Customs Form 4875a, will be sent to the party in whose name the entry is made, and also a notice, on Customs Form 4875b, will be sent to the ultimate con- signee or owner, if his name appears in the entry. This notice will be filled out and mailed on the date of liquida- tion. “Statement of liquidation,” Customs Form 43813, will not be sent to importers. This form may be used, how- ever, by customs officers at ports of entry in forwarding entries to the headquarters port for liquidation. It will also be used in sending statements of reliquidation to the Auditor for the Treasury Department. Art. 639. Payment of increased and additional duties— Notice of.—Notice of increased and additional duties due upon liquidation will be promptly sent by collectors to 314 LIQUIDATION OF DUTIES. the importer of record and to the ultimate consignee. If within 10 days thereafter such duties shall have not been paid, the collector shall cause an investigation to be made to ascertain the whereabouts of the parties in- debted, and make efforts to collect the duties. If the parties can not be found, or are dead, leaving no estate, or are insolvent, he shall report the facts to the Solicitor of the Treasury, who may authorize the collector to treat such duties as uncollectible, without prejudice, however, to the right of action on the part of the Government. In all other cases, after 10 days, the district attorney should be requested to proceed for the recovery of the same. , Act June 22, Art. 640. Limitation upon reliquidation—Entries cover- 1874, sec. 21. ott Ds. 23655, ing merchandise which has been released from customs 29167, 29430, custody can not be reliquidated after the expiration of 31334, 31664, 32746, one year from the date of entry in the absence of fraud 34194, 34917, or of protest. CHAPTER XIII. PROTEST AND REVIEW BY BOARD OF GENERAL APPRAISERS, COURT OF CUSTOMS APPEALS AND UNITED STATES SUPREME COURT. Art, 641. 642. 643. 644. 645. 646. 657. 648. 649. 650. Art. 641. Protest—Grounds—Time limit.—If dissatisfied 1918, oe with the decision of the collector as to the rate and P4; amount of duties upon imported merchandise, chandise on which duty has been assessed, including 36 26414, dutiable costs and charges, the owner, importer, signee, or agent of such merchandise may file a protest 3 34025, within 30 days after the liquidation of duties on such 34926, Protest—Grounds—Time limit. Protest fee. Contingent fees—Agreements for, prohibited—Penalty. Protest—Form. Procedure at time of filing. Samples. Appraiser’s special report on pro- test. Collector’s review on protest. Transmission of protests and sam- ples to the Board of General Appraisers. ” Decisions of the Board of Gen- eral Appraisers. Art. 651. 652. 653. 654. 655. 656. 657. 658. Reliquidation of entries under board’s decision. Collector’s recommendation for rehearing or appeal. Appeals to the Court of Customs Appeals. Liquidation and reliquidation un- der decisions of the Court of Customs Appeals. Appeal to Supreme Court. Refunds of duties. Certified statements — Nonnaval office ports. Set-off of claims. II, ws. 7858, - 10460, 10812, Or Mer o3g51' 25453" 8439 wet - CON- 31449, 331227 34306" 34570, 34696, 34997, merchandise, whether entered in bond or for consump- tion. A protest may also be filed against the decision of the collector as to all fees, charges, and exactions of what- ever character, except duties on tonnage, provided such protest is filed by the person paying such fees, charges, and exactions within 15 days after payment thereof. No protest can lawfully be made claiming higher rates of duty or greater charges, fees, or exactions than assessed. Protests are not required against the assessment of , Act Mar. 3, duties on household and personal effects. The “date of ascertainment and liquidation ” date of liquidation stamped upon the entry, and the 1875, sec. 1. is the T. D. 30410 (Abst, 22848). 315 316 PROTEST AND REVIEW. posting of the same in a conspicuous place in the cus- tomhouse is held to be a sufficient notice thereof to the importer. 1915. soc’ iir, Art. 642. Protest fee—A fee of $1 with respect to each Par: Ds. 33817, Protest must be deposited with the collector within 30 33ga0° 34926, days after the filing of the protest; otherwise such pro- test shall be deemed abandoned. 34445, gasr”~—-«:Lf the liquidation of only one entry be objected to, but one fee will be collected, although the protest makes several claims or raises several issues in relation to such liquidation. If the same claim or objection be raised with respect to each of several entries, only one fee will be required. If a protest relates to two or more entries, a fee of $1 will be charged for each issue raised thereby. 1928" .0c%,3 Such fee shall be deposited and accounted for as mis- par. N. cellaneous receipts, and if the protest shall be finally sus- tained in whole or in part such fee shall be refunded to une importer from the appropriation for the refund of “excess of deposits.” ion ene Art. 643. Contingent fees—Agreements for, prohibited— pat. N- . 495, Penalty.—No agreement for a contingent fee in respect to a recovery or refund under protest is lawful. Com- pliance with this provision is a condition precedent to the validity of the protest and to any refund thereunder, and a violation thereof is punishable by a fine not ex- ceeding $500 or imprisonment for not more than one ‘ year, or both. osuon aries Art. 644. Protest—Form.—Protests shall be in dupli- 27329, a cate, in writing, addressed to the collector, and signed in 28851, nee ink by the party making the same, or his agent or attor- aude 34541, ney. Such protests shall give the address of the prot- estant, or his attorney, the entry number, importing ves- sel, date of arrival, and of liquidation of the entry, and shall point out the precise objection in respect to each en- try or payment, citing the rate applicable and the para- graph or section of the law, if any, under which relief is claimed. T. D, 34510. Where a protest is filed at nonnaval office ports, a copy of the entry must be attached by the protestant. eee, Art. 645. Procedure at time of filing —Protests shall be filed with the collector, who will give them serial num- bers and stamp or write thereon the dates of receipt. The name of the protestant, entry number, and issue must be PROTEST AND REVIEW. 317 indorsed on each protest. A permanent record of all 1: D. 38227. protests shall be kept on Customs Form 4337. Protests lodged at ports of entry will be forwarded to T. D. 33557. the headquarters port and will be numbered in the same series with the protests lodged at the headquarters port. Collectors will notify such ports of entry of the numbers given to protests thus received. Art. 646. Samples.—Appraising officers should retain 1. D. 25328. samples of the merchandise when returning an invoice at a rate of duty higher than the entered rate, or when, for any other reason, it is probable that a protest will be filed, keeping a record of the entry number, vessel and date of entry. When no samples have been retained, they shall be furnished collectors by the protestant, and transmitted to the appraiser for verification. Samples will not be required where the question in- volved is one of law, which does not necessitate an in- spection of the merchandise by the board, or where the merchandise is heavy, bulky, or otherwise of such char- acter as to make the retention of samples impracticable. In such cases, the report of the collector or appraising officer should contain a full and accurate description of the merchandise. Art. 647. Appraiser’s special report on protest.—If the col- lector shall be of the opinion that any claim in a protest requires further review of an advisory classification or return in order to complete the record necessary to a proper consideration of the issue involved, he shall for- ward the invoice papers to the appraiser for a special re- port as to the character and description of the merchan- dise and any other facts relevant to the case. The appraiser will return all papers to the collector with his report, together with the samples, if any, of the merchandise under consideration. Art, 648. Collector’s review on protest—Upon receipt .973,P% 497? of the special report of the appraiser, if one has been called for, the collector will review his action on the entry, and if satisfied that the claim is valid will reliqui- date the entry accordingly, with the concurrence of the naval officer, if any. Art. 649. Transmission of protests and samples to the Board ,,7. Ds. 18799, 23388, 23749; of General Appraisers.—If the naval officer does not concur, 3996, 32581, or if the collector shall be of the opinion that the claim is : not valid, one copy of the protest shall be transmitted to the Board of General Appraisers by the collector within 318 PROTEST AND REVIEW. 30 days, if practicable, after the receipt by him of the ap- ~praiser’s special report, provided the fee has been de- setgh™ BUS posited, and, in case of a consumption entry, the duties 33762. have been paid. The collector in his letter of transmittal shall state the reasons which governed him in the assessment of duty, and shall forward all special reports received by him, and any other information in his possession relevant to the matter. He shall also forward a sample of the mer- chandise whenever practicable with an identification card on Customs Form 6433 attached thereto. At the port of New York, the appraiser will forward such samples. T. D. 25996. The letter of transmittal should also state that the pro- test was filed and the required fee deposited within the statutory period. Two or more protests of one ee on the same subject may be covered by one letter of transmittal, but protests of different importers, or on different subjects, should not be so combined. Upon transmittal of records from ports other than New York to the Board of General Appraisers in cases in which local hearings are to be had, the samples will, after being properly identified with such records, be re- tained in the local office for use at such hearings, and thereafter be immediately stamped with the board num- bers and transmitted with such records to the board. T. D. 23436. Tf samples are needed to sustain the Government’s case, they should be sent, if possible, by parcel post under Government frank, otherwise they should be forwarded under Government bill of lading and carrier’s special manifest consigned to the collector of customs at New York with the notation “For the use of the Board of General Appraisers.” If samples are sent to the board at the importer’s re- quest, the transportation charges must be paid by him. Oct. 3, Art. 650. Decisions of the Board of General Appraisers.— Act 1913, sec. III, ara s par, N. Decisions of the board adverse to the Government, in Snr the absence of a rehearing or appeal, shall be final and conclusive, and shall take effect 60 days from the dates thereof, except that the time shall be 90 days on pro- tests filed in Alaska and in the insular possessions of the United States. Where there is a rehearing or an appeal, the practice prior to the general appraiser’s decision will be continued until the rehearing or appeal is finally decided. PROTEST AND REVIEW. Art. 651. Reliquidation of entries under board’s deci- sion.—Entries which are the subject of such decisions will be reliquidated in harmony therewith at the expiration of the periods mentioned, except that entries the subject of decisions of the board, which follow a decision of the Court of Customs Appeals involving the same issue, will be liquidated immediately upon receipt of orders from the board. Art. 652. Collector’s recommendation for rehearing or ap- peal—On the receipt of a decision from the board the collector will immediately examine it together with the protest, and all papers connected therewith. If in his opinion a: rehearing should be had on said protest, he will as soon as practicable transmit his rea- sons to the Assistant Attorney General at New York with recommendation in order that such rehearing may be applied for within 30 days from the date of the board’s decision. If the collector is of the opinion that the board’s de- cision should be reviewed by the Customs Court, he will promptly submit his reasons therefor to the Department in order that appeal may be filed for such review within 60 days. Art. 653. Appeals to the Court of Customs Appeals.—If the importer, owner, consignee, or agent of any imported merchandise, or the collector or Secretary of the Treas- ury, shall be dissatisfied with the decision of the Board of General Appraisers as to the classification of merchan- dise and the rate of duty imposed thereon under such classification, or with any other appealable decision of said board, they, or either of them, may, within 60 days after the entry of such decree or judgment, apply to the Court of Customs Appeals for a review of the questions of law and fact involved in such decision. In Alaska and in the insular possessions of the United States 90 days is allowed for making such application to the Court of Customs Appeals. Such application shall be made by filing in the office of the clerk of said court a concise statement of the errors of law and fact complained of, and a copy of such state- ment shall be served on the collector or the importer, owner, consignee, or agent, as the case may be. There- upon the court shall immediately order the Board of Gen- eral Appraisers to transmit to the said court the record and evidence taken by them, together with a certified 319 T. Ds. 16370, 16908, 29971, 30701. T. D. 32065. Act Mar. 3, 1911, ch. 8, er “498. T. Ds. 28957, 29443, 30771; 32367. T. Ds. 30215, 30844, T. D. 30275. 320 T. D, 34747. T. D. 31564. ori ‘Aug. 22, T.D. 34747. PROTEST AND REVIEW. statement of the facts involved in the case and their deci- sion thereon; and all the evidence taken by and before said board shall be competent evidence before said Court of Customs Appeals. The decision of the Court of Cus- toms Appeals shall be final, except as provided in the act of August 22, 1914, and such cause shall be remanded to the Board of General Appraisers for further proceedings to be taken in pursuance of such determination. Art. 654. Liquidation and reliquidation under decisions of the Court of Customs Appeals.—Decisions of the Court of Customs Appeals adverse to the Government will be- come effective upon the issuing of orders by the Board of United States General Appraisers’pursuant to the man- dates of the said court. Entries covered by such decisions will be reliquidated only upon receipt of such orders. Unliquidated entries involving issues covered by a de- cision of the Court of Customs Appeals will be sus- pended until 30 days have elapsed from the date of such decision, when they will be liquidated in accordance with the court’s decision, unless the Department issues notice that a petition for rehearing has been filed. Entries which are subject to protests that have not been forwarded to the board, and which are covered in principle by a decision of the Court of Customs Appeals, will be reliquidated in harmony with said decision after 30 days have elapsed from the date thereof in the absence of such notice of petition for rehearing. Art. 655. Appeal to Supreme Court.—In any case in which the judgment or decree of the Court of Customs Appeals is final, it shall be competent for the Supreme Court, upon the petition of either party filed within 60 days next after the issue by the Court of Customs Appeals of its mandate upon decision, in any case in which there is drawn in question the construction of the Constitution of the United States, or of any treaty, or in any other case when the Attorney General of the United States shall, before the decision of the Court of Customs Appeals is . rendered, file with the court a certificate to the effect that the case is of such importance as.to render expedient its review by the Supreme Court, to require, by certiorari or otherwise, such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by ap- peal or writ of error to the Supreme Court, PROTEST AND REVIEW. 821 Art. 656. Refunds of duties—Refunds of duties by ..%,P% 35916: reason of any sustained protest shall be paid at naval 31564. office ports by check drawn to the order of the importer of record, and the amount of such refund charged to the collector’s “Excess of deposit” account. TRANSPORTATION IN BOND. Port oF . , 19—. (This form to be used only when transshipment en route is necessary. ) I certify that I have superintended the transfer of the goods described in the within manifest from to ; that I have compared said goods with the description thereof contained in said manifest ; and that I have fastened said car or conveyance with customs seals or customs locks Nos. Inspector of Customs. Inspector's certificate of unlading. I certify that the car or vessel containing the goods described in the within manifest arrived at the port of with the customs seals , and that the same has been unladen under my supervision and the goods found to agree with the manifest, except as noted thereon. Inspector of Customs. Art. 661. Cording and sealing—Nonbonded with bonded goods.—Cars or compartments in which bonded mer- chandise is transported must be sealed with customs seals, or each package so transported must be corded and sealed, under customs supervision. Merchandise not under bond may be transported in sealed cars containing bonded goods when destined for the same place or places beyond, but not when intended for intermediate places. The seals to be used in sealing cars and packages are prescribed by the Department, and must be purchased by the carriers and delivered directly from the manu- tacturer to and remain in the custody of the collector of customs at the port where they are to be used. When cords and seals are furnished by the department, a uni- form charge of 5 cents per package will be made for cording and sealing. Art. 662. Warning cards—Penalty for breaking seals.— Bonded carriers are required to furnish and securely at- tach to the side doors of cars and to the doors of the compartments of vessels carrying bonded merchandise, which are secured with customs seals, or locks, near such seals or locks, a bright red card, 8 by 103 inches in size, on which shall be printed in large, clear black letters the following: “United States Customs. Five years’ imprisonment or $1,000 fine, or both, is the penalty for the unlawful TRANSPORTATION IN BOND. removal of United States customs seals on this car or com- partment. United States customs officers only are au- thorized to break these seals. “Car or vessel - _ “From to “ Notice.—The merchandise in this car or compartment must be delivered to the chief officer of the customs at ” Art. 663. Shipping officer’s action—The shipping in- spector will when practicable check the merchandise laden with the manifest therefor. If this be impracti- cable, he may accept the check of the carrier if satisfied that the same is correct. He will then certify each copy of the manifest by indorsement thereon, and shall simi- larly certify one copy of the entry. He will deliver one copy of the manifest to the railroad conductor or master of the vessel, and return the other with the entry to the customhouse. The shipping inspector will note on the manifest over his signature all packages in bad order at the time of lading with the particulars of their condition, and note thereon the numbers of the seals on the car or compart- ment. No. or name 327 T. D. 32294. Art. 664. Transfer by bonded cartmen—Transfer ticket— ounne Bad order.—AI1 merchandise transported in bond shall be transferred to and from the vessel, car, or warehouse at the expense of the parties in interest by bonded vehicles or lighters. If the shipping officer finds any discrepancy between the merchandise actually received and that described on the transfer ticket he will immediately communicate with the officer issuing the ticket with a view to its cor- rection, and if they disagree he will report the facts to the surveyor or to the collector for action. If there should be any indication of fraud the shipping inspector will hold the goods for instruction from the surveyor or collector. Art. 665. Transshipment.—If the route be such that a transshipment is required, a third copy of the manifest must be prepared by the carrier, and be certified and mailed by the shipping inspector to the customs officer at the place of transshipment, who will give general su- pervision to the transshipment, indorse his action on both copies of the manifest, return the conductor’s copy, and retain the other as a record of his action. | T. Ds. 14786, 328 T. D. 25980. T. D. 32280. TRANSPORTATION IN BOND. If it becomes necessary to remove the customs seals from a car containing merchandise under immediate- transportation entry, or warehouse withdrawal for trans- portation, for the purpose of transferring its contents to another car because of casualty or other good reason, the station agent of the transportation company or the con- ductor of the train may remove such seals, supervise the transfer, and note on the conductor’s copy of the mani- fest the date and fact of the transfer and the reason therefor. , If it be necessary to transfer the contents of a car un- der entry for transportation and exportation, or in tran- sit manifest, within the limits of a port of entry, the conductor or agent of the carrier should notify the cus- toms officer, who will break the customs seals, supervise the transfer, note the same on the conductor’s copy of the manifest, and reseal the car with customs seals. If such transfers be made outside the limits of a port, the same procedure may be followed as in the case of trans- shipments of merchandise under immediate-transporta- tion entry. Art. 666. Delivery of manifest by conductor or master.— The manifest delivered to the conductor or master must accompany the goods and be delivered on arrival to the proper customs officer at the port of delivery or exit. Art. 667. Shortages—Irregular deliveries—Report of.— Collectors of customs will observe the following pro- cedure in reporting the irregular delivery or failure to deliver at the port of destination bonded merchandise forwarded under any of the various forms of transporta- tion entry. When a shortage of merchandise transported in bond is found by the customs officers at the port of delivery or exportation, the collector at such port shall promptly report such shortage to the collector of customs at the port of entry, giving the following data: (a) The number and character of entry covering the shipment. (6) The amount and character of the merchandise short. (c) The value thereof and the estimated duty thereon. (d) Whether arriving with the seals intact or broken. (e) The condition of the particular container or con- tainers from which such shortage occurred, as noted by the unlading inspector, and any marks or numbers which TRANSPORTATION IN BOND. will identify the containers from others in the same shipment. If no bad order was noted by the unlading inspector, the report should show where and by whom the bad order, if any, was first noted, and whether or not it was noted prior to opening the package. When there is a shortage from one or more packages, or nondelivery of an entire shipment, the collector at the port of delivery, after the expiration of a reasonable time, but not to exceed 60 days from the date of receipt of the mail copy of the entry, will cause an inquiry to be made to determine whether delivery has been made direct to the consignee, and will report the facts in such regard to the collector of customs at the port of entry, particu- larly stating the merchandise not delivered, the value thereof, and the duty thereon. If the merchandise has been delivered directly to the consignee, entry thereof may be accepted, if it can be recovered intact without any of the packages having been opened. In such cases, however, any shortage from the invoice quantity will be presumed to have occurred while the merchandise was in the possession of the bonded carrier. If the merchandise can not be recovered intact and without any of the packages having been opened, entry will not be accepted. The merchandise, or so much thereof as can be found, should, however, be examined and appraised, in order to ascertain the amount of duties properly chargeable thereon. The reports above provided for should be made in duplicate and only one entry should be included in any report. Upon receipt of such report from the collector at the port of delivery, the collector at the port of entry will retain one copy for the files of his office and will forward the duplicate to the department with his report in the matter, and if the shortage be a deficiency in the contents of a package he will state the marks and numbers of any packages in such shipmént which were in bad order prior to delivery to the bonded carrier. In case of merchandise entered on the Canadian or Mexican border for transportation and exportation, if the shipment arrives at the port of exportation with the seals intact and the cars bear no evidence that loss occurred while in transit through the United States, a 329 T. D. 32371, 330 TRANSPORTATION IN BOND. notation on the certificate of inspection from the port of exportation to that effect will be sufficient and no report of shortage need be made. T. D. 33498 Where the seals are not intact on arrival at the port of exportation or the cars bear evidence that a shortage might have occurred therefrom while in transit through the United States, and in all cases of shortage from ship- ments entered at ports other than Canadian or Mexican border ports for transportation and exportation, the re- port required above shall be made and forwarded to the port of entry with the certificate of inspection and lading. Upon a fine being imposed by the department for any shortage or irregular delivery the collector should imme- diately make a demand for payment thereof. A reason- able length of time, not to exceed three months, will be allowed the carrier to make any investigation it may deem proper. If the fine is not paid within three months from the date of demand the matter should be reported to the United States attorney for collection by the proper pro- cedure against the carrier’s bond and such action reported to the department. On payment of a fine imposed on a bonded carrier on account of shortage, nondelivery, or irregular delivery a separate report of such payment shall be made in each case on Customs Form 4631. If the duty on the shortage will amount to less than $1 no shortage report is necessary and no allowance will be made in the liquidation of the entry. Liquidation of entries covering merchandise concerning which there is report of shortage should be made without awaiting in- g4n50* °414 structions from the department, and allowance made for the missing merchandise, except that no allowance should be made for shortages in liquors due to leakage or break- age otherwise than as is provided in articles 609 to 614, inclusive. T. Ds. 32731, When a series of immediate transportation entries cover a grain in transit for exportation, and all such grain is un- laden from the cars into bonded bins or exported by one vessel, and the aggregate shortage at the port of exporta- tion when pro rated among all the entries of the series does not exceed 2 per cent of the entered quantity, the charge against the carrier’s bond may be canceled. If the shortage exceeds 2 per cent of the entered quantity, the facts should be reported to the collector of customs at the first port. TRANSPORTATION IN BOND. 331 Animals dying while in transit through the United 1. D- 72465. States under T. and E. entry, or in-transit manifest, are not subject to duty, and shall not be considered or treated as a shortage. Art. 668. Penalties —The penalty imposed as liquidated damages on the common carrier’s bond for shortages, failure to deliver, or irregular delivery, shall be as fol- lows: In the case of shortage or failure to deliver, or deliv- ery direct to the consignee or other person, of any mer- chandise free of duty, an amount equal to the value of the missing merchandise, not to exceed in any one ship- ment the sum of $25. In the case of shortages or failure to deliver merchan- dise subject to duty, an amount equal to the estimated duties on the missing merchandise. In the case of delivery direct to the consignee or other person of merchandise subject to duty, without customs supervision, an amount equal to double the estimated duties, Art. 669. Examination by inspectors of the trunk-line association and agents of Interstate Commerce Commission.— For the purpose of ascertaining whether merchandise is properly classified under the interstate-commerce law col- lectors of customs will, upon receipt of a proper applica- tion, permit inspectors of the trunk line association and agents of the Interstate Commerce Commission, acting jointly or separately, to open and examine packages con- taining merchandise described in the manifest in general terms and offered for shipment in bond. The opening and examination of such packages must T. D. 33465. be without expense to the Government or the owner of the goods, and must be done in the presence of a customs officer. The contents of the case shall not be removed or disturbed further than is necessary to show the character thereof. The customs officer will require the packages to be securely closed and will note on the manifest the packages so inspected, the date, and by whom inspected. IMMEDIATE TRANSPORTATION WITHOUT APPRAISE- MENT. Art. 670. Classes of goods—Evidence of destination —Mer- ,,A°t Moy 1. chandise, whether dutiable or free of duty, other than 1°, 1880. 9815, 10145, 10850, explosive articles, imported at any port named in section igor, uti 1 of the act of June 10, 1880, and subsequent acts, which 2 21219, 21761, 332 T. D. 16372. T. D. 12174, T. D. 34580, p. 1087. Act Feb. 23, 1887, Act June 10, 1880, sec. 1. TRANSPORTATION IN BOND. appears by the invoice or by the bill of lading and mani- fest to be destined to a designated port, may be entered for immediate transportation without appraisement within 10 days after landing. It is, however, optional with the consignee whether he shall make such entry or enter the goods for consumption or warehousing at the port of arrival. A portion of an invoice may not be entered for immediate transportation, and the remainder for consumption or warehousing, or left unclaimed, ex- cept that one or more packages out of a packed package may be so entered. The entry for immediate transporta- tion without appraisement shall be made on Customs Form 7543 in duplicate for goods received at nonnaval office ports destined for delivery at nonnaval office ports, in triplicate for goods received at naval office ports destined for delivery at nonnaval office ports, and in quadruplicate for goods received at naval office ports des- tined for delivery at naval office ports. Art. 671. Specific-duty goods—Exception.—Upon written application of the consignee, stating the name of the consignee at the port of destination, goods subject to a specific rate or duty, not dependent on value, may be en- tered for immediate transportation, although not shown by the invoice or bill of lading to be so destined, provided that no part of the merchandise has been landed prior to entry for immediate transportation being filed. Art. 672. Immediate transportation ports of entry.—Mer- chandise may be entered at the following ports for imme- diate transportation without appraisement to any of the ports named in article 673, and other ports to which the privileges of section 7 of the act of June 10, 1880, may be extended: Alburg, Vt. Chicago, Tll. Island Pond, Vt. Ashtabula, Ohio, Cleveland, Ohio. Key West, Fla. Astoria, Oreg. _ Detroit, Mich. Knights Key, Fla. Baltimore, Md. Duluth, Minn. Laredo, Tex. Bangor, Me. Eagle Pass, Tex. Los Angeles, Cal. Bath, Me. Eastport, Idaho. Lowelltown (or Ho- Beecher Falls, Vt. Eastport, Me. leb, Me.). Blaine, Wash. El Paso, Tex. Malone, N. Y. Boston, Mass. Everett, Wash. Marquette, Mich. Brunswick, Ga. Fernandina, Fla. Miami, Fla, Brownsville, Tex. Fort Covington, N.Y. Milwaukee, Wis. Buffalo, N. Y. Galveston, Tex. Mobile, Ala. Burlington, Vt. Gladstone, Mich. Neche, N. Dak. Calais, Me. Holeb, Me. New London, Conn. Charleston, 8. C. Honolulu, Hawaii. New Orleans, La. 333 TRANSPORTATION IN BOND. Newport, Vt. Portland, Me. Sault Ste. Marie, Newport News, Va. Portland, Oreg. Mich. New York, N. Y. Port Townsend,Wash. Savannah, Ga. Niagara Falls, N.Y. Providence, R. I. Seattle, Wash. Nogales, Ariz. Ranier, Minn. Sioux City, Iowa. Norfolk, Va. Richford, Vt. Sumas, Wash. Nyando, N. Y. Rochester, N. Y. Tacoma, Wash. Ogdensburg, N. Y. Rouses Point, N.Y. Tampa, Fla. Pembina, N. Dak. Pensacola, Fla. Philadelphia, Pa. Port Huron, Mich. Portal, N. Dak. Port Arthur, Tex. St. Albans, Vt. St. John, N. Dak. St. Vincent (Noyes), Minn. San Diego, Cal. San Francisco, Cal. Texas City, Tex. Toledo, Ohio. Van Buren, Me. Vanceboro, Me. Walhalla, N. Dak. Wilmington, N.C. Art. 673. Immediate transportation ports of destination — The following is a list of ports to which merchandise may be forwarded in bond under entries for immediate transportation : Albany, N.Y. Astoria, Oreg. Atlanta, Ga. Baltimore, Md. Bangor, Me. Bath, Me. Bay City, Mich. Bellingham, Wash. Birmingham, Ala. Boston, Mass. Bridgeport, Conn. Brunswick, Ga. Buffalo, N. Y. Burlington, Vt. Calais, Me. Charleston, 8. C. Chattanooga, Tenn. Chicago, Ill. Cincinnati, Ohio. Cleveland, Ohio. Columbus, Ohio. Corry, Pa.? Council Bluffs, Iowa. ? Dallas, Tex. Dayton, Ohio. Denver, Colo. Des Moines, Iowa. Detroit, Mich. Dubuque, Iowa. Duluth, Minn. Dunkirk, N. Y. Durham, N. C.? Eagle Pass, Tex. Eastport, Me. E] Paso, Tex. Erie, Pa. Evansville, Ind. Everett, Wash. Fall River, Mass. Fernandina, Fla. Galveston, Tex. Gladstone, Mich. Gloucester, Mass. Grand Haven, Mich. Grand Rapids, Mich. Green Bay, Wis. Greenwich, Conn. Hartford, Conn. Honolulu, Hawaii. Houston, Tex. Indianapolis, Ind. Jacksonville, Fla. Kansas City, Mo. Key West, Fla. Knoxville, Tenn. Laredo, Tex. Lincoln, Nebr. Los Angeles, Cal. Louisville, Ky. Marquette, Mich. Memphis, Tenn. Middletown, Conn.* Milwaukee, Wis. Minneapolis, Minn. Mobile, Ala. Nashville, Tenn. Newark, N. J. New Bedford, Mass. New Haven, Conn. New Orleans, La. Newport, R. I. Newport News, Va. 1 Merchandise should be consigned on immediate transportation entry and manifests delivered to deputy collector of customs at Erie, who will permit delivery under article 9 of reorganization. (T. D., 33249.) 2 Merchandise should be consigned on immediate transportation entry and manifests delivered to collector of customs at Omaha, Nebr., who will permit delivery under article 9 of reorganization. 3 Merchandise should be consigned on immediate transportation entry and manifests delivered to collector of customs at headquarters port, who will permit delivery under article 9 of reorganization. 4Merchandise should be consigned on immediate transportation entry and manifests delivered to deputy collector of customs at Hartford, who will permit delivery under article 9 of reorganization, 334 T. Ds. 21751, 21800, 29475. T. Ds. 20111, 29867 TRANSPORTATION IN BOND. New York, N. Y. Niagara Falls, N. Y. Nogales, Ariz. Norfolk, Va. Norwalk, Conn. Ogdensburg, N. Y. Omaha, Nebr. Oswego, N.Y. Peoria, Ill. Petersburg, Va. Petosky, Mich. Perth Amboy, N. J. Philadelphia, Pa. Port Townsend. Wash, Providence, R. I. Richmond, Va. Rochester, N. Y. St. Joseph, Mo. St. Louis, Mo. St. Paul, Minn. Sabine Pass, Tex. Saginaw, Mich. Salt Lake City, Utah. San Antonio, Tex. San Diego, Cal. Sandusky, Ohio. Sioux City, Iowa.! South Manchester, Conn.? Spokane, Wash. Springfield, Mass. Stamford, Conn.? Superior, Wis. Syracuse, N. Y. Tacoma, Wash. Tampa, Fla. Toledo, Ohio. Utica, N. Y. Van Buren, Me. Pittsburgh, Pa. San Francisco, Cal. Vanceboro, Me. Port Arthur, Tex. (including Oak- Washington, D. C. Port Huron, Mich. land). Wilmington, Del. Portland, Me. SaultSte.Marie,Mich- Wilmington, N. C. Portland, Oreg. Savannah, Ga. Worcester, Mass. Portsmouth, N. H. Seattle, Wash. Art. 674. Diversions—The invoice and bill of lading and manifest should show only one port of destination, and shipments for immediate transportation can not be diverted to any other port than that named in the entry, except under instructions of the Department in each in- stance, which will be issued only when it is shown that through error the wrong port was named in the imme- diate transportation entry. Art. 675. Bills of lading—Immediate transportation entries.—Collectors will observe the following rules re- lating to the production of bills of lading upon entry of merchandise for immediate transportation: (a) In case of a through bill of lading naming a con- signee at the port of first arrival, and whether or not naming a consignee at the port of destination, entry for immediate transportation should be permitted only upon the production of a bill of lading indorsed by the con- signee at the port of first arrival. (b) In case of a through bill of lading naming a con- signee at the port of destination, but not at the port of first arrival, or consigned to order, entry for immediate transportation may be made by the holder of an unin- 1 Merchandise should be consigned on immediate transportation entry and manifests delivered to collector of customs at Omaha, Nebr., who will permit delivery under article 9 of reorganization. 2 Merchandise should be consigned on immediate transportation entry and manifests delivered to deputy collector of customs at Hartford, who will permit delivery under article 9 of reorganization. 3 Merchandise should be consigned on immediate transportation entry and manifests delivered to collector of customs at headquarters port, who will permit delivery under article 9 of reorganization. TRANSPORTATION IN BOND. dorsed bill of lading, or by the agent of the vessel or transportation company by which the shipment arrived, but in such case the merchandise must be consigned on the immediate transportation entry to the ultimate con- signee named in the bill of lading at the port of destina- tion or to order as the case may be. (c) Copies of bills of lading, generally known as “ Cap- tain’s copy ” or “ Shipper’s copy,” should not be accepted unless indorsed by the agent of the importing vessel and good reason is shown for the failure to use the original bill of lading. (d) In any event the collector of customs may, in his discretion, permit entry to be made without the produc- tion of a bill of lading on a bond being filed conditioned for the subsequent production of such bill of lading, and to indemnify the collector against any loss or damage which may be sustained by reason of permitting such entry to be made. In such cases, upon receipt of the bill of lading the bond will be canceled, and the bill of lading forwarded to the collector at the port of destination. Merchandise covered by different bills of lading, nam- ing different consignees at the port of destination, can not be included under one immediate transportation entry. Several importations may be consolidated in one im- mediate transportation entry when the bill of lading names only one consignee at the port of first arrival. Art. 676. Invoice—If no copy of the certified invoice has been received by the consignee at the port of first arrival, an immediate-transportation entry may be made on a pro forma invoice without a bond for the produc- tion of a certified invoice. The value stated on entry at the port of first arrival is not binding on the ultimate consignee. Art. 677. Estimation of duties—The collector will ap- proximately estimate the duties on the immediate-trans- portation entry, and with the concurrence of the naval officer issue a permit, on Customs Form 3829, to the dis- charging inspector for the delivery of the goods to be laden for immediate transportation, and will mail the entry with the invoice and bill of lading to the collector of customs at destination, and if destined to a naval office port will also mail a copy of the entry to the naval officer at that port. 335 T. D. 30065. T. Ds. 9742, 17136. 336 T. Di 33227, T. D 21800, Ss. 24824, p. 315. s. 17035, 29608. TRANSPORTATION IN BOND. If a bond be taken for a bill of lading, that fact will be noted upon the mail copy of the entry. If the bill of lading covers goods other than those included in the immediate-transportation entry, it will be retained at the port of first arrival and a certified extract thereof attached to the mail copy of the entry in lieu of a bill of lading. A copy of the entry will be transmitted to the shipping inspector, with instructions for lading, and be returned by him to the collector with a report of his action. Art. 678. Short shipments.—If, before the mailing of the entry to the port of destination, it be found that part of the merchandise specified therein has not been landed, that fact shall be noted on the entry. If the short land- ing shall be discovered after the mailing of the entry, the collector will mail a notice to that effect, on Customs Form 3825. Such notice should be promptly mailed in order that it may be received at destination before liqui- dation of the entry. Upon the subsequent discovery or receipt of the short- landed packages, the same may be forwarded under sup- plemental immediate-transportation entry, bearing the original entry number, or if a new bill of lading has been issued therefor, under an original immediate-trans- portation entry on a pro forma invoice or extract from the certified invoice. Art. 679. Record of merchandise forwarded under imme- diate transportation entry.—Collectors at headquarters ports shall make a schedule in duplicate, on Customs Form 5047, of all merchandise entered for immediate transportation without appraisement, one copy to be re- tained in the book as an office record. At ports of entry, the schedule shall be made in triplicate and two copies forwarded to the headquarters port and one copy re-- tained in the book as an office record. At the end of each month the schedule will be forwarded by the col- lector to the Auditor for the Treasury Department. Art. 680. Entry at port of destination Merchandise re-. ceived under an entry for immediate transportation can not be forwarded to another port under the same or an- other immediate transportation entry, or entered for transportation and exportation, or for immediate expor- tation, but may be entered under any of the other forms of entry, and will be subject to all the conditions as to invoice, appraisement, reappraisement, protest and abandonment pertaining to merchandise entered at a port TRANSPORTATION IN BOND. 837 of first arrival. Such entry must show the name of the transporting carrier and the number of the immediate transportation entry. Art. 681. Certificate of delivery—Unclaimed goods.—All the merchandise included in the immediate transporta- souhe Beebe.” tion entry not entered within 48 hours after delivery of the manifest to the collector at the port of destination will be treated as unclaimed. When notations on the manifest or a report from the collector at the port of arrival shows certain merchan- dise to have been short landed, such merchandise should not be included in the entry. S The collector at the port of destination will, upon the receipt of the merchandise, issue a certificate, on Customs Form 3831, to the collector at the port of first arrival. If there be any discrepancy between the merchandise re- ceived and that described in the invoice and entry, the collector will note the same on the certificate, or make a special report of the facts to the collector at the port of arrival. Such delivery certificates must be mailed to the collector at the port of arrival within 60 days after receipt of the mail copy of the entry, or an investigation and report of shortage and nonarrival made as herein- before provided. . Art. 682. Discharging officer’s report—The discharging officer at the port of destination will note on the manifest the condition of seals, or cords and seals, and also any bad order or any irregularity in packages.received, giving the marks and numbers of the packages and the particulars of the bad order. He will also note any discrepancies between the packages received and those described in the manifest. Art. 683. Record of merchandise received under immediate transportation entry.—Collectors at ports of destination | 3,,P. 35227, shall make a schedule, in duplicate, on Customs Form 5049 of all merchandise received under immediate transporta- tion entry, one copy to be retained in the book as an office record. At ports of entry the schedule shall be made in triplicate, two copies forwarded to headquarters port and one retained in the book as an office record. At the end of each month the collector shall forward the schedule to the Auditor for the Treasury Department. Upon final disposition of the merchandise the deputy collector at the port of entry will attach the mail copy 31380°—15——-22 338 T. D. 33625. TRANSPORTATION IN BOND. of the immediate transportation papers to the entry and forward the same to the headquarters port for liquida- tion. ENTRY FOR WAREHOUSE AND IMMEDIATE TRANSPOR- TATION. Art. 684. Form of entry-—-Bond—Permits.—Merchandise entitled to the warehousing privilege may be entered at the port of importation for warehouse and transporta- tion by a bonded carrier to another port at which a bonded warehouse is established on Customs Form 7519, which must be filed in triplicate. Upon a bond being given on Customs Form 3765, the collector will issue an order on Customs Form 38771 directing that the merchandise be held on the pier as a constructive warehouse or be sent to a bonded warehouse pending appraisement and liquidation. Upon liquida- tion being completed, a permit will be issued on Customs Form 38769 for the delivery of the goods for transporta- tion. This form of permit will also be used for the delivery of packages sent to the appraiser’s stores for examination. Thereafter the same procedure shall be: followed as in cases of warehouse withdrawals for trans- portation. If examination and liquidation should be delayed for any cause, merchandise permitted to remain on the pier as a constructive warehouse must be transferred to the public stores or a bonded warehouse until examination and liquidation are completed. Upon arrival at destination the same procedure shall be followed as in the case of merchandise arriving under warehouse withdrawals for transportation. Art. 685. List of ports at which bonded warehouses are established.— Albany, N.Y. Cape Vincent, N.Y. Eagle Pass, Tex: Baltimore, Md. Castine, Me. Eastport, Me. Bangor, Me. Chattanooga, Tenn. El Paso, Tex. Bath, Me. Chicago, Ill. Evansville, Ind. Belfast, Me. Cincinnati, Ohio. Everett, Wash. Boston, Mass. Columbus, Ohio. Fall River, Mass. Bridgeport, Conn. Corry, Pa. Fernandina, Fla. Brownsville, Tex. Dayton, Ohio. Galveston, Tex. Brunswick, Ga. Denver, Colo. Gladstone, Mich. Buffalo, N. Y. Detroit, Mich. Gloucester, Mass. Burlington, Vt. Duluth, Minn. Grand Rapids, Mich. Green Bay, Wis. Hartford, Conn. Honolulu, Hawaii. Houston, Tex. Indianapolis, Ind. Kansas City, Mo. Key West, Fla. Laredo, Tex. Lincoln, Nebr. Los Angeles, Cal. Louisville, Ky. Memphis, Tenn. Minneapolis, Minn. Milwaukee, Wis. New Haven, Conn. New London, Conn. New Orleans, La. Newport News, Va. Newark, N. J. New York, N. Y. Niagara Falls, N. Y. TRANSPORTATION IN BOND. Ogdensburg, N. Y. Omaha, Nebr. Oswego, N. Y. Pensacola, Fla. Perth Amboy, N. J. Petersburg, Va. Philadelphia, Pa. Pittsburgh, Pa. Plattsburg, N. Y. Port Huron, Mich. Portal, N. Dak. Portland, Me. Portland, Oreg. Portsmouth, N. H. Port Townsend, Wash. Providence, R. I. Richmond, Va. Rochester, N. Y. St. Joseph, Mo. St. Louis, Mo. St. Michael, Alaska. 339 St. Paul, Minn. Salem, Mass. San Antonio, Tex. San Diego, Cal. San Francisco, Cal. San Juan, P. R. Sault Ste.Marie, Mich. Savannah, Ga. Seattle, Wash. Spokane, Wash. Springfield, Mass. Superior, Wis. Syracuse, N. Y. Tacoma, Wash. Tampa, Fla. Toledo, Ohio. Utica, N. Y. Wilmington, Del. Wilmington, N.C. List of ports where no bonded warehouse of class 3 is established, but where the customhouse premises are used for storage of bonded merchandise: Aguadilla, P. R. Arecibo, P. R. Arroyo, P. R. Birmingham, Ala. Charleston, 8. C. Fajardo, P. R. Humacao, P. R. Jacksonville, Fla. Knoxville, Tenn. Marquette, Mich. Mayaguez, P. R. Nashville, Tenn. Norfolk, Va. Peoria, Ill. Ponce, P. R. ‘St. Agustine, Fla. Sandusky, Ohio. : Washington, D. C. (Georgetown). Worcester, Mass. Art. 686. Transportation before liquidation—When the merchandise has been appraised or weighed, gauged, or measured and it appears that the entry will be liquidated before the merchandise can reach its destination, special permit for the transportation of the merchandise or a part thereof prior to liquidation may be issued. ENTRY FOR REWAREHOUSE AND IMMEDIATE TRANS- PORTATION. Art. 687. Procedure.—Entries for rewarehouse and im- mediate transportation may be made of merchandise arriving at a port under warehouse withdrawal or ware- house and transportation entry. The entry will be made on Customs Form 7519, and the same procedure will be followed as.on entries for warehouse and transportation. 340 T. D. 7583. TRANSPORTATION IN BOND. WAREHOUSE AND REWAREHOUSE WITHDRAWALS FOR TRANSPORTATION. Art. 688. Form of entry—Time.—Merchandise may be withdrawn from warehouse for transportation to another customs district by the importer or transferee on Customs Form 7521, which shall be signed and filed in triplicate at any time within three years from the date of original importation. Such withdrawals will not be permitted until the liqui- dated duties have been ascertained, except by direction of the Secretary of the Treasury. Additional duties accru- ing upon warehouse entries incurred by reason of advance in value by the appraiser must be paid before any with- drawal shall be allowed. Art. 689. Value, weight, gauge, or measure—Samples.— Withdrawals for transportation in bond shall show the value and the weight, gauge, or measure, as the case may be, of the individual packages, and the liquidated duty, and be recorded in the warehouse ledger. No invoice or extract from the original invoice will be required. The duty on samples withdrawn from the packages trans- ported will be collected at the original port and a nota- tion thereof made on the transportation entry. Art. 690. Permit to ship—Upon a bond being given, on Customs Form 3765, in double the estimated duties, but not less than $100, a permit on Customs Form 3769 will be issued directing the storekeeper to deliver the goods for shipment. Art. 691. Disposition of entries—Inspection and lading.— Upon the completion of the withdrawal for transporta- tion one copy of the entry will be immediately mailed to the collector at destination. One copy will be sent to the shipping inspector, with directions to supervise and re- port the lading of the merchandise and return the copy of the withdrawal entry for the collector’s files. At naval office ports the third copy of the entry will be filed by the naval officer, and at nonnaval office ports such copy will be forwarded to the Auditor for the Treasury Department. When the merchandise so withdrawn is destined to a naval office port an additional copy of the entry will be required and mailed to the naval officer of such port. Art. 692. Procedure at destination.—The time within which merchandise under warehouse withdrawal for TRANSPORTATION IN BOND. transportation must be delivered at the port of destina- tion is 60 days, and if any such merchandise be not deliv- ered to the collector within 60 days after the receipt by him of the mail copy of the withdrawal entry he shall report the matter to the collector of customs at the port of withdrawal, as in other cases of the nonarrival of bonded merchandise. If the consignee refuses or neglects to make entry of the goods within 48 hours after the arrival at destination the same will be treated as unclaimed and the collector at the port of withdrawal notified, in order that he may in- form the principal and sureties on the transportation bond to protect their interests. WAREHOUSE WITHDRAWALS FOR TRANSPORTATION AND EXPORTATION. Art. 693. Procedure—Merchandise may be withdrawn from warehouse for immediate transportation and ex- portation to contiguous or noncontiguous foreign terri- tory. Upon arrival of the merchandise at the port of ex- portation it will be transferred, if necessary, by bonded trucks or lighters to the exporting vessel. The mail copy of the withdrawal entry will be sent to the lading in- spector to supervise the lading of the merchandise for exportation and make return thereof. Upon the receipt of the inspector’s report of lading the collector of cus- toms will issue a certificate of lading on Customs Form 8785, and transmit it to the collector of customs at the port of withdrawal. MERCHANDISE IN TRANSIT THROUGH THE UNITED STATES TO FOREIGN COUNTRIES. Art. 694. Transportation and exportation entry—In- voice—Evidence of foreign destination—Forms of entry.— 190 30876, 31769) 32147, 32428, Merchandise arriving at any port of the United States, and shown by the manifest, bill of lading, invoice, or other document to be destined to a foreign country, may be entered for transportation and exportation, and for- warded in transit through the United States without examination or appraisement. A consular invoice will not be required on such entries, but an invoice containing a general description of the merchandise, and its aggre- 341 R. S., 3005. aa May 21, Ds. 22250, 342 TRANSPORTATION IN BOND. gate value, and the marks and numbers on the packages must be filed with the entry. | T. D. 24930. Hides of neat cattle, glue stock, bones, horns, flesh- ings, cuttings, parings, and parts of hides, which have not been disinfected as required by the regulations, can not be shipped in transit through the United States. All merchandise arriving the same day by one vessel, train, or other conveyance, consigned to one party, may be included in one T. and E. entry, although destined to two or more places in a foreign country. The name of the consignee who is to attend to the shipment at the port of exit must be noted on the entry. Entries of merchandise for transportation and ex- portation covering merchandise subject to duty must be filed in triplicate on Customs Form 7511. ad gb®: 22920, Transportation and exportation entries of merchandise ' which is free of duty may be entered on Customs Form 7511, or upon Customs Form 7509. If the latter form be used, and the merchandise be returned by the inspector at the port of entry as free of duty, it will be permitted to go forward without carrier’s special manifest, and without customs seals. A charge of $25 will be made against the carrier’s bond for each shipment, which will be canceled upon the production of a certificate of the carrier’s agent at the port of exportation showing the date of exportation and the name of the exporting vessel. Art. 695. Procedure at port of entry—lUpon the comple- tion of the entry, the same procedure will be followed as in the case of an entry for immediate transportation without appraisement. The seal numbers need not be entered on manifests covering grain for transportation through the United States and exportation therefrom. Art. 696. Diversion—The port of exit of merchandise under T. and E. entry may be changed while the mer- chandise is in transit for good cause shown upon notice to the collector at the port of entry, who will notify the collector at the port named in the T. and E. entry, and also at the port of exit thereof. _T. Ds. 2258, The foreign destination of such merchandise may be 17299, 17688, Bonen : 20909. changed by the parties in interest upon notice to the col- lector at the port of exit from the United States, or such merchandise may be entered for consumption at that port. It can not, however, be entered for warehouse. T. D. 21273. T. D. 24890 TRANSPORTATION IN BOND. 343 Art. 697. Port of exportation—Cancellation of charge ,,,D% 2489, against bond.—Merchandise which leaves the United States at one frontier port, crosses adjacent foreign ter- ritory, and reenters the United States at another frontier port before final exportation to a contiguous country, shall be treated as exported assoon as it has passed through the first frontier port. This regulation shall control whether or not the merchandise to be exported is domes- tic or foreign, or is exported with benefit of drawback. The manifest shall be taken up at the first port of exit from the United States. The goods-will be remanifested in the contiguous country as foreign goods in transit from one place to another therein through the United States. The charge against the carrier’s bond will be canceled on the production of the certificate of exportation. MERCHANDISE ARRIVING FROM A CONTIGUOUS COUN- TRY IN SEALED CARS. Art. 698. Manifests—To avoid inspection at the port of arrival of cars laden with merchandise destined for a port of entry in the United States the owner of such mer- chandise, or his agent, or the agent of the carrier, may make application to a customs or consular officer of the United States in such foreign territory to close and seal the car, and also prepare and present to such officer a manifest in quadruplicate in the following form, which manifests will be numbered consecutively : No. Inward foreign manifest. Unitep States Customs, CANADA, Report and manifest of merchandise laden on board 7 car No. , on the ——-— day of . 19—, and destined for United States, via (insert name of transporting carrier). —_ ei a a Re an onsignor. | Consignee. | able numbers. value, | Marks. Quantity of | Description of merchandise. | merchandise. T. D. 27675. ae Ds, 28355, 31769 R. §., 3102. T. D. 32772. 344 S., 3103. D. 32772. S., Re 1881. 170 Gen. ae a 3104. Feb. 8, OR Atty. , 27246. TRANSPORTATION IN BOND. [Indorsement. ] I, , the owner or agent of the above-described merchandise, or the agent of the carrier, do solemnly swear (or affirm) that this manifest contains, to the best of my knowledge and belief, a full and complete description of the contents of said car, and the quantities and value of said contents are correctly stated herein. (Signature. ) Subscribed and sworn to before me this day of . 191—, and I hereby certify that this car was sealed and the manifest verified under my personal supervision. United States Customs Inspector (or Consul). [Second indorsement. ] Port oF . 191—. I hereby certify that the within-mentioned car arrived at with United States seals intact, and that said car and contents have been forwarded to destination in the United States via R. R. Co., with said seals in good condition. Art. 699. Sealing of car—Disposition of manifests——On receipt of such manifest in quadruplicate, the customs or consular officer will, after a comparison of the contents of the car with the manifest, cause the cars to be closed and sealed, retain one copy of the manifest for the files of his office, transmit one copy by the conductor in a sealed envelope to the collector of customs at the port of first arrival in the United States, another copy by mail to the collector at the port of destination, and de- liver the remaining copy to the conductor to accompany the merchandise to destination. If the person in charge of any car or other vehicle sealed in accordance with the preceding paragraph fails to deliver the manifest at the port of destination named therein, he will be liable to a penalty not exceeding $1,000, or to imprisonment for a term not exceeding five years, or both, and such car or other vehicle, with its contents, may be seized and forfeited wherever found within the United States. Art. 700. Procedure at frontier port.—Merchandise arriv- ing under customs or consular seals may be forwarded to destination only over bonded routes. No entry will be required at the frontier port of cars so sealed, but the customs officers at such port will ex- amine the seals, and if they are found intact will execute the second indorsement on the conductor’s copy of the TRANSPORTATION IN BOND. manifest, and permit the car to go forward to desti- nation. If consular or customs seals have been removed before arrival at the frontier, or if there is evidence of such seals having beeen tampered with, the collector will re- quire the merchandise to be formally entered for imme- diate transportation or otherwise. Art. 701. Entry at destination—On arrival of the car at the port of destination the agent or conductor having charge thereof must immediately deliver the manifest to the collector of customs at such port, who will forward a certificate of receipt, on Customs Form 3487, to the collector at the frontier port. The collector of customs at destination will report to the Department any shortage from the quantity mani- fested, and will also report the nonreceipt of any mer- chandise for which a manifest has been received by him at the expiration of 60 days from the date of the receipt of such manifest. MERCHANDISE IN TRANSIT BETWEEN PORTS OF THE UNITED STATES THROUGH CONTIGUOUS FOREIGN TERRITORY. Art. 702. Manifests—Merchandise may be transported from one port to another in the United States through Canada or Mexico in sealed cars covered by manifests in the following form: Special coastwise manifest of merchandise in transit through Port oF 5 “ We certify that the following-described merchandise has been laden on car No. , of the railroad, at . for transportation to , across foreign territory, by way of , and that said car has been duly secured with customs seals (or locks). Contents. Marks. | Numbers. | Packages. e i Consignor. Consignee. ‘ ‘ree or in = Articles. bond. ——- , Agent of Railroad Co. , Inspector. {t. s.] —— , Collector. 345 R. 8., 3005. 846 TRANSPORTATION IN BOND. In the case of merchandise in bulk and in other cases where a less concise description of the merchandise is sufficient the following form of manifest may be used: SPECIAL CUSTOMS MANIFEST, of Car (Number) Initial In transit through Canada From To Via Containing Consigned to agent From ———- — . agent. CUSTOM HOUSE I hereby certify that this car was sealed at this port § 19—. [SEAL.] Deputy Collector. gongb® 77586, Cars containing such merchandise must be sealed by the carrier and manifests of the lading of each car pre- sented in duplicate on yellow paper and signed by the agent of such carrier. The customs officers at the port of exit will inspect the seals, and if found intact will certify both copies of the manifest and deliver one to the con- ductor and return the other to the customhouse for filing. Cars already secured by “In bond” seals painted red may go forward without having “In transit” seals painted blue affixed thereto. Animals which may be identified by specific descrip- tion in the manifest may be transported in cars not se- TRANSPORTATION IN BOND. cured with customs seals in the care of an attendant or customs inspector at the expense of the parties in in- terest. Merchandise in less than carload lots may be forwarded under cord and seal, such fact being noted on the mani- fest. Art. 703. Procedure at port of reentry.—On arrival at the , first port in the United States after transportation through foreign territory, the fastenings of the cars or packages must be examined and checked with the mani- fest. If found ‘correct, the inspector will so certify on the back of the manifest and release the car. If the deals on the car are missing or broken or the cords and seals appear to have been tampered with, the merchandise must be unladen and compared with the manifest. If upon such comparison the merchandise is found to agree with the manifest, it will be released, but if any excess or substitution of merchandise is found, the car will be detained and the facts reported to the Depart- ment. “In bond” seals may be broken only by a customs officer, or by his direction. “Tn transit ” seals may be broken by any railroad em- ployee or consignee at any time or place after the car has been released at the port of reentry. Art. 704. Transshipment.—Any transshipment of mer- chandise in foreign territory from cars to vessels or from vessels to cars must be made under the supervision of a customs officer. In such cases an extra copy of the mani- fest will be made out for each place of transshipment, and mailed to the customs officer stationed at such place, who will supervise the transshipment, note the same on the conductor’s or master’s copy of the manifest, return said copy and forward the extra copy by mail to the port of destination in the United States. Live stock in transit through Canada may be fed and watered at places where there are no United States offi- cers under the supervision of a Canadian customs officer, who may reseal the cars with Canadian seals and make a notation thereof on the manifest. Art. 705. Carriage by American vessels——Merchandise in transit from one port in the United States to another through Canada, shipped by water from a port on the 347 T. Ds, 32294, 2402, R. §., 3110. T. D. 7039, 348 TRANSPORTATION IN BOND. northern, northeastern, or northwestern frontiers of the United States to a port on the Canadian frontier to be thence transported by water to another port of the United States, may be so transported only in vessels of the United States. The compensation of the officers stationed in Canada to supervise these transshipments must be reimbursed to the Government by the transportation companies inter- ested. MERCHANDISE IN TRANSIT BETWEEN PORTS OF CAN- ADA AND MEXICO THROUGH THE UNITED STATES. Art. 706. Manifests. Whenever merchandise under Canadian or Mexican customs seals arrives at’ a frontier port for transportation through the United States, a manifest in triplicate, showing the quantity and char- acter of the merchandise, signed by the agent of the car- rier, must be filed with the collector, who will thereupon issue “in bond” seals to be affixed to such cars or pack- ages, and allow the merchandise to proceed by a bonded route. Two copies of the manifest will be certified by the customs inspector, and one copy forwarded by mail to the port of exit and the other delivered to the conductor of the train for delivery to the customs officers at the port of exit, who will upon the merchandise leaving the United States certify such fact on one copy of the mani- fest, and return the same to the collector of customs at the port of arrival. In case merchandise covered by any manifest is not exported within 60 days from the date of the receipt of the mail copy of the manifest, the collector at the port of exit will return such manifest to the collector at the port of arrival, who will call upon the carrier to trace the shipment, and if it appears that the same, or any part thereof has not been exported, will call upon the carrier for the penalty accruing under its bond, and report the facts to the department. If the seals should be found at the port of exit to be broken or to have been tampered with, the contents of the car must be checked with the manifest, and if any shortage or substitution should be found, the collector will detain the car and report the facts to the department for instructions. TRANSPORTATION IN BOND. In addition to the manifest above provided for, pack- ages shipped under cord and seal in transit through the United States shall have attached to at least one package of each separate shipment, a special card manifest in the following form on heavy manila paper or linen, 3 by 6 inches in size with a red strip $ inch wide in the center thereof on both sides, and so perforated that the return coupon may be readily detached. UNITED STATES CUSTOMS, Express or railroad company. In bond. Special manifest No. i Of merchandise in transit through the United States. From : To Via Consigned to Port oF . , 19—. I hereby certify that packages were duly corded and sealed by me and delivered for transportation. 9 United States Inspector of Customs. (Return coupon.) Port or . 19—. I hereby certify that ——— corded and sealed packages covered by special manifest No. 7 Co. were exported to through this port, this day of , 19—. United States Inspector of Customs. The inspector at the port of arrival shall inspect such packages, note on the card manifest the number of pack- ages in the shipment, and execute the first indorsement on such card manifest. The inspector at the port of exit shall examine the packages, and if found correct and in good order execute the second indorsement and detach and return the coupon to the collector at the port of arrival. If any of the packages do not arrive, or bear evidence of shortage, the collector at the port of exit will report the facts to the collector at the port of arrival. Art. 707. Carriage by land and water.—Such merchan- dise in transit through the United States may be trans- ported by a route a part of which is by land carriage and a part by water, under the same conditions as pro- vided in articles 702 to 705, inclusive, for the transit of 349 850 TRANSPORTATION. IN BOND. merchandise from port to port in the United States through Canada. Art. 708. Storage and transfer—-Manifest—When the merchandise is stored awaiting transshipment in foreign territory, the transshipping customs officer will take up the conductor’s or master’s copy of the manifest and check the cargo into a storehouse, where it will remain under customs locks or seals until transshipment is made. Upon transshipment, a new manifest must be prepared for each car or vessel, and the merchandise so trans- shipped on each car or vessel noted on the original mani- fest, which will be forwarded with the last shipment of the transshipped goods to the port of reentry. Upon arrival in the United States, the customs officers will check off on the mail copy of the original manifest received by them the shipments as they arrive, and on arrival of the last shipment and the conductor’s or master’s copy of the original manifest will check the shipments arriving against the quantities transshipped to insure that no ex- cess over the quantity originally shipped is admitted on in transit manifests. Art. 709. 710. 711. 712. 7138. 714. 715. 716. TIT. 718. 719. 720. 721, 722. 723. 724. 725. 726. 727. 728, 729. 730. 731, 736. 737. 738. 739. 740. 741, CHAPTER XV. BONDED WAREHOUSES AND CONTROL OF MERCHANDISE THEREIN. CLASSIFICATION, Art. Classes 1 to 7. 742, STORAGE WAREHOUSES. 743. Application to bond. Execution of bond. | aa Bond—Renewal of. 745. New bond—When necessary. 746, Alterations, i Suspension. Discontinuance. Offices. Fires, lights, and locks. 147, Posting of rules. 748. Storekeeper—Compensation of: 749. Duties of storekeeper. 750. Permits—Delivery. | T5L. Expenses of labor and storage. Storage charges. 752. Examination of goods by im- 7153. porter—Sampling—Repacking. Refilling of wine casks. 154, Repacking of drugs, etc. 755. Transfer to another warehouse. 756, Examination packages. 757, Proprietor responsible for goods. 798. Control of merchandise in bonded | 759- warehouse. 760. 761. LIENS FOR FREIGHT, 762, . Liens for freight—Charges—Con- | 763. tributions in general average. . Filing and recording of notice. 764. . Duty of collector. 765. . Contribution in general average— Preliminary notice. 766. Lien on immediate-transportation goods. 767. Discharge of lien. Freight — Charges— Contribution | 768. in general average—Defined. Settlement of disputes. 769. Litigation—Bond of indemnity. Stoppage in transitu. 770. ACCOUNTS. Warehousing and rewarehousing bond—Warehouse ledger. Storekeeper’s record of receipts and deliveries. Inventories. Record of unclaimed goods. Expired and uncanceled bonds— Report of. MANUFACTURING WAREHOUSES. Character—Location—Use. Application to establish. Bond. Formulas. Storage of dutiable or taxable goods. Access—Samples. Conveyance and transfer of ma- terials. Original packages—Appraisement. Transfer from vessel. Transportation—Rewarehousing. Application to transfer. Withdrawal for transfer. Manufacturer’s bond—Transfer. Cancellation of bond. Transfer order. Transfer—Permit to receive. Free materials—Application to receive, Transfer of domestic spirits. Withdrawal for exportation of articles manufactured in bond. Withdrawal of waste or by-prod- ucts for consumption. Direct exportation — Withdrawal for. Transfer to bonded warehouse for exportation. Bonded routes to be indicated— Consignment to collector. Transportation and exportation. 351 352 MANUFACTURING WAREHOUSES—contd. Art. 711, Permit—Lading. 772. Proof of exportation. 773. Cancellation of manufacturer's bond—Dowmestic spirits. CIGAR-MANUFACTURING WAREHOUSES. 774, Manufacture and withdrawal for consumption. Customs cigar stamps. Cancellation of customs and inter- nal-revenue stamps. 777. Caution notice. 778. Transfer of scraps, cuttings, and clippings of tobacco. 715. 76. SMELTING AND REFINING WAREHOUSES. 779. Application to establish—Bond. 780. Renewal of bond. 781. Discontinuance, 782. Entry for warehouse—Permit. 783. Transfer of shipping materials. 784. Forms. 785. Entries, counts. 786. Bonded ores or metal to be kept separate from nonbonded. 787. Sampling — Assaying — Allowance for moisture. withdrawals, and ac- SMELTING AND REFINING OF LEAD. 788. Allowance for wastage—Cancella- tion of bond—Withdrawal for consumption—Antimonial lead. R. S., 2989. BONDED WAREHOUSES, SMELTING AND REFINING OF LEAD—contd. Art. 789. Proprietors’ statements. 790. Withdrawal for direct exporta- tion. Exportation from another port. Withdrawal for- transfer to bonded customs warehouse or bonded manufacturing ware- house at the same port. . Withdrawal for transportation to bonded customs warehouse or bonded manufacturing ware- house at another port. Entry for warehouse and trans- portation. Entry for rewarehouse. Smelting and refining in separate establishments. . Withdrawal of lead refined in part from imported base bullion and bullion produced from im- ported ores, . Affidavits of proprietors as to du- tiable zine entirely lost. 791. 792. =I S Oo 794. 795. 796. SMELTING OF ZINC. 799. Application of lead regulations— Allowance for wastage. 800. Recovery of both lead and zine. STORAGE OF TEA. 801. Designation of warehouses — Bond—Storage. Art. 709. Classes 1 to 7—Warehouses for the storage of bonded merchandise shall be used exclusively for that purpose, and for the storage of unclaimed goods under Government control, and shall be divided into the fol- lowing classes: R. S., 2954. Crass 1. Warehouses which are owned or leased by the Government and used for the storage of merchandise undergoing examination by the appraiser; for the storage of seized and unclaimed goods and for other purposes, shall be known as “ public stores.” Such warehouses or parts thereof used exclusively for the storage of seized and unclaimed goods shall be known as Where such stores are not sufficient or available stores.” “ general-order for the storage of seized and unclaimed goods, such goods BONDED WAREHOUSES. may be stored in a warehouse of class 8. If there be no warehouse of the latter class at a port, the collector may, with the approval of the Department, rent suitable premi- ses for the temporary storage of seized or unclaimed goods. : Cxass 2. Importers’ private bonded warehouses used exclusively for the storage of imported merchandise owned and entered for warehouse by the proprietors. Cellars and vaults may, in the discretion of the Depart- , ment, be bonded in this class for the storage of wines and Spirits only. Cuass 8. Bonded warehouses used for the general stor- age of imported goods. A warehouse of this class shall consist of an entire building, or of a part of a building entirely separated from the rest of the building by suitable partitions or walls. Crass 4. Bonded yards or sheds for the storage of heavy and bulky imported merchandise. Warehouses of this class shall be used exclusively for the storage of heavy or bulky articles. The yards must be inclosed by substantial fences, not less than 12 feet in height, with entrance gates capable of being secured by customs locks. The collector may send to such yards unclaimed or seized goods of the character described in this article. Stables or parts thereof may be bonded upon approval of the department for the storage of animals. Crass 5. Bonded bins or parts of buildings or of ele- vators to be used for the storage of grain. The bonded portion must be separated from the rest of the buildings. Warehouses of class 4 or 5 may be bonded exclusively for the storage of goods imported by the proprietor, in which case they will be designated as “ Importers’ private warehouses.” Cuass 6. Warehouses for the manufacture in bond 353 R. S., 2958, 960. R. 8., 2960. R. 8., 2958. RB. 8., 2959. Act Oct. 3. 71913, sec. IV, solely for exportation, of articles made in whole or in Par. M. part of imported materials or of materials subject to internal-revenue tax; for the manufacture for home con- sumption or exportation of cigars in whole of tobacco imported from one country; also for the storage and , cleansing of imported rice intended for exportation. 8180°—15——23 Act Mar. 24, 874. 354 BONDED WAREHOUSES. 1918) ssc’ ry, Cxass 7. Warehouses for smelting and refining im- par. |N, sub- ported ores and crude metals for exportation or domestic consumption. : STORAGE WAREHOUSES. Art. 710. Application to bond.—In order to establish a bonded warehouse the owner or lessee shall make appli- cation in writing to the collector, describing the premises and location and stating the class of warehouse. The application must be accompanied by a certificate signed by the president or secretary of a board of fire underwriters, where such board exists, and at other ports by the officers or agents of two or more insurance com- panies, stating that the building is a suitable warehouse, acceptable for fire insurance purposes. After the collector has examined or caused an exami- nation to be made of the premises he will transmit to the Department with his recommendation the application, the insurance certificates, and a report stating the par- ticulars relative to the location, construction, and dimen- sions of the building, its suitability for the storing of merchandise, whether the building is detached or adjoins other buildings, the location of doors, and all other mate- rial facts. - $2061. Art. 711. Execution of bond—On approval of the appli- cation, a bond shall be executed in duplicate on the pre- scribed form, in such penalty and with such security as the collector may deem proper, and forwarded to the Department for approval. Bonds may be executed in anticipation of approval and transmitted with the application. Art, 712. Bond—Renewal of—The proprietors or occu- pants of bonded warehouses may be required on 10 days’ notice from the collector to renew their bonds; and if they fail so to do no more goods shall be sent to their warehouses, and those therein shall be removed at their expense. Art. 713. New bond—When necessary.—The collector will promptly notify the Secretary of the Treasury of the death, pecuniary embarrassment, insolvency, or change of status of any of the parties to the borid, or of any circumstances which require a new bond. If a bonded warehouse is destroyed and rebuilt a new bond will be required. Aw BONDED WAREHOUSES. The collector will advise the Department of all changes of the surroundings of bonded premises likely to affect their security. Art. 714. Alterations——Alterations in bonded ware- -houses can be made only by permission of the collector and, if constituting a material change in the premises, the approval of the Secretary of the Treasury is required. Art. 715. Suspension—The use of a bonded warehouse may be temporarily suspended on application of the pro- prietor, provided there are no bonded goods therein. Upon the removal of all free goods, if any, the premises may again be used for the storage of bonded goods. Re- bonding will not be necessary. Art. 716. Discontinuance—The Department may discon- tinue a bonded warehouse at any time for reasonable cause. When the proprietor desires to discontinue his bonded warehouse he shall make written application therefor to the collector. If the application be approved by the col- lector he will cause all goods upon which the duty has not been paid to be transferred to another bonded warehouse without expense to the Government. An inventory of all goods so transferred from the warehouse to be discon- tinued shall be made and compared with the accounts of the warehouse and the records of the customhouse. The collector will transmit the application to the De- partment with his report and recommendation and will retain custody of the premises until he is notified of the Department’s approval of the application. Art. 717. Offices—Suitable and comfortable accommo- dations for the storekeeper shall be provided by the pro- prietor of the warehouse. An office for the accommodation of the warehouseman may be allowed in the bonded premises if separated by a partition from the space used for the storage of bonded goods. Art. 718. Fires, lights, and locks——Fires shall not be per- mitted in any warehouse, except in the offices of the store- keeper and warehouseman, and where lights are required only safety lanterns or electric lights shall be used. All the doors and other fastenings of bonded ware- houses must be secured by customs locks of different pat- tern from those of the warehouseman. Art. 719. Posting of rules—Collectors will cause all rules and regulations relating to the management of 355 356 T. D, 12091. R. S., 2636. BONDED WAREHOUSES, bonded warehouses to be posted in a conspicuous place in every warehouse. Art. 720. Storekeeper—Compensation of—The collector will, when necessary, designate an employee to act as storekeeper in each bonded warehouse or public store. If required, more than one may be designated. The expense of maintaining storekeepers in bonded warehouses shall be paid monthly by the warehousemen to the collector. If any storekeeper has charge of more than one ware- house the expense shall be equitably apportioned among the respective warehousemen. Upon the failure of the warehouseman to pay such ex- penses when due, or to comply with the laws and regula- tions applicable to bonded warehouses, the collector shall refuse entry of merchandise for such warehouse and re- port the facts to the Department. Art. 721. Duties of storekeeper.—Storekeepers must keep the keys to customs locks in their possession, and per- sonally open and lock the warehouses. With the excep- tion of one hour for lunch, storekeepers will be in con- stant attendance from 8 o’clock a. m. to 5.30 p. m., or while the warehouse is open. Collectors may extend these hours when deemed advisable. All goods will be received and delivered by store- keepers or under their supervision. The storekeeper shall supervise all examinations, sampling, recoopering, and repacking of merchandise that may be done in a bonded warehouse. He shall keep a correct account of all goods received, delivered, trans- ferred, examined, sampled, recoopered, or repacked. He shall make daily returns of all goods received and de- livered, and report to the collector any violation of the warehouse regulations by the warehouseman. Storekeepers in charge of stores of class 1 will keep accounts of all labor performed therein, and in their returns certify the nature and amounts of such charges. They will also keep pay rolls of all persons employed in such stores. They will not be permitted to receive any reward or gratuity from any source in addition to their pay from the United States. Art. 722. Permits—Delivery.—Goods shall not be deliv- ered from bonded warehouses except upon presentation of a permit to the storekeeper signed by the collector and naval officer, if any. Permits must be indorsed to show that storage, cartage, labor, and other charges due the Government have been paid before delivery will be made. BONDED WAREHOUSES. Merchandise entered for warehouse upon which the duty has been paid, if remaining in store at the expira- tion of the bonded period, shall be delivered by the store- keeper to the warehouseman, except as provided in article 806. If the permits issued have not been pre- sented to the storekeeper at or before the expiration of the bonded period, the collector should inform the store- keeper of the payment of the duties, and direct delivery to the warehouseman. Merchandise not entered for ware- house upon which the duties have been paid, if remain- ing in store for a period of 60 days after the payment of the duty, will be likewise delivered to the warehouseman. Art. 723. Expenses of labor and storage.—AIl merchan- dise deposited in general-order stores or in bonded ware- houses shall be held liable for the expenses of labor and storage chargeable thereon at the customary rates and for all other expenses accruing upon the goods. The rates of storage and labor shall be agreed upon between the importer and the warehouse proprietor, but in case of disagreement the collector may, with the con- sent of all parties in interest, determine the rates to be charged. Art. 724. Storage charges.——When merchandise is stored in a public store under warehouse entry, general order or otherwise, the charges for storage due the Govern- ment must be collected before the packages are delivered therefrom. Art. 725. Examination of goods by importer—Sampling— Repacking.—Importers may, upon application approved by the collector, examine, sample, and repack merchan- dise in bonded warehouse under the supervision of the storekeeper. Art. 726. Refilling of wine casks——Casks containing wines may be refilled when necessary for preservation, but the wine used for such refilling must be part of the same importation upon which duty has been paid. Art. 727. Repacking of drugs, ete—Drugs, medicines, and chemical preparations may be repacked in warehouse for exportation upon written application to the collector specifying the articles to be exported, the number of original packages, and the kind of packages it is in- tended to repack. 357 T. Ds. 22346, 24894, 38306. R. 8., 2965. T..D. 4281. R. S., 3018, T. Ds. 6572, 6753. 358 R. 8., 2961. T. D.’ 24118. R. &., 934. T. Ds. 16693, 16896, 17188, 17720, 19340. T. Ds. 16545, 19242, 19378, 19813, Low _v. Aus- tin, 13 Wallace, 29; Clarke v. Clarke BONDED WAREHOUSES, The packages for exportation shall be marked and numbered in the same manner as the original packages. When two or more of the original packages are placed in one case, it must show all the marks and numbers of the original packages. When necessary such merchandise will be weighed, gauged, or measured both before and after repacking, and shall be exported under customs supervision. All labor and expenses of such repacking shall be borne by the owner. Art. 728. Transfer to another warehouse.—Merchandise may be transferred from one bonded warehouse to an- other in the same port on the written request of the owner or importer to the collector, who will issue an order, Customs Form 3725, directing the removal of the merchandise under customs supervision at the risk and expense of the party requesting it. All charges must be paid before goods are transferred from a warehouse of class 1. Art. 729. Examination packages.— Merchandise sent from a bonded warehouse to the appraiser’s stores for examination shall be returned to the warehouse for delivery unless the warehouseman shall indorse on the duty-paid permit that his charges have been paid. Art. 730. Proprietor responsible for goods——The ware- houseman is responsible for the safe-keeping of the goods stored in any bonded warehouse, the Government being concerned solely for the security of the revenue. Art. 731. Control of merchandise in bonded warehouse.— Merchandise in bonded warehouse is subject only to the orders and decrees of the United States courts. It is not subject to levy, attachment, or other process of a State court, and collectors can not be enjoined by State courts from delivering such merchandise to importers or their assigns. The Government will not compel a warehouseman to deliver bonded goods, as the interest of the Government is in the collection of the duty on the merchandise or its exportation, and any question of infringement of private rights by the warehouseman must be left to parties in interest. Imported goods in bonded warehouse are exempt from , taxation under the general laws of the several States. Woods, 4083 Bicone v. Munroe, 60 Ga., 61; Stae v. Pinckney, 10 Rich. L., 474. T. D. 21158, BONDED WAREHOUSES. 859 LIENS FOR FREIGHT. Art. 732. Liens for freight—Charges—Contributions in ishgt May 21. general average.—Carriers of imported merchandise Wyman v. = . a ancaster, 32 which is taken possession of by the collector of customs as Fed. Rep, 720. : : gs : “Ds. 17444, unclaimed, under seizure, for examination and appraise- 23412, 24431. ment, for transportation in bond, or under warehouse entry, may file notice of liens with the collector for freight, charges, or contributions in general average upon said merchandise, describing it by marks, numbers, or brands on the several packages, stating the bonded ware- house or other place where such merchandise is stored or deposited, the name of the owner, importer, or consignee, vessel or common carrier, the date of arrival, and the amount claimed, specifying whether for freight, charges, or contributions in general average. Such notice shall be signed by the carrier or his authorized agent, and veri- fied by affidavit on Customs Form 3485. The cost of y9ga3* 779 goods or any part thereof can not be included in such liens. If merchandise so subject to a lien, regarding which no- tice has been filed, shall be forfeited or abandoned and sold, the freight, charges, or contributions in general average due thereon shall be paid from the proceeds of sale in the same manner as other charges and expenses authorized by law to be paid therefrom are paid. Art. 733. Filing and recording of notice—Every such notice shall be filed with the collector, numbered, and en- tered in a record book, Customs Form 3481, in which shall also be noted the date of discharge of the lien. Liens can not be filed against goods after sale by the T-. D. 5866. Government. Art. 734. Duty of collector—When a notice of lien has been filed the collector shall decline to deliver to the im- porter, owner, or consignee any of the merchandise then in customs custody and specified in the notice until the lien shall have been satisfied. When delivery permits have been issued prior to the filing of the notice of lien, such notice should be returned with a statement that the goods have been released from customs custody. Art. 735. Contribution in general average—Preliminary notice.—When the cargo of a vessel is subject to contribu- tion in general average a preliminary notice thereof may 360 T. Ds, 22610, 22683, 24431. BONDED WAREHOUSES, be filed with the collector and individual notices of lien may be filed thereafter. The collector shall thereupon withhold delivery of any merchandise imported in the vessel for two official days from and after the taking of such merchandise in cus- toms custody, unless proof is submitted that the claim for contribution under general average has been paid or secured. Art. 736. Lien on immediate transportation goods.— Notice of lien upon goods entered for immediate trans- portation should be filed by the carrier with the collector of customs at destination. If such notice, however, be filed with the collector at the port of first arrival, he will promptly transmit it to the collector at destination. When a notice of lien has been transmitted to the col- lector at destination and is discharged at the port of first arrival the collector at such port will immediately notify the collector at destination. Merchandise subject to a lien arriving under an imme- diate transportation entry for which immediate delivery is required may be released by the collector upon the de- posit of a certified check or postal money order in a sum equal to the charges covered by the lien. The check or postal money order will be indorsed and returned to the importer on receipt of a notice of discharge of the lien. Otherwise customs officers shall not collect or receive the freight, charges, or contributions in general average cov- ered by such liens. Art. 737. Discharge of lien Proof that the claim under the lien has been paid or secured shall consist of a release in writing signed by the claimant, or a written receipt of such claimant, filed with the collector, showing the pay- ment of the claim in full. Merchandise covered by liens will be released for delivery upon the filing of the above evidence of payment. Art. 738. Freight — Charges — Contribution in general average—Defined— The freight which is specified in the act of May 21, 1896, is held to be the freight charged for the ocean transportation of the goods and the inland freight charged for delivering to an interior port goods covered by through bills of lading for such ports. The charges specified therein are the charges incident to the shipment of the goods abroad, including foreign inland freight, together with any charges assumed by BONDED WAREHOUSES. the claimant of the lien in forwarding the same to port of destination in the United States, but do not include the purchase price, whether advanced or to be collected, nor other claims connected with the carriage of the mer- chandise. General average has been defined to be the liability to 361 Sansom ¥v. Ball (Pa.), 4 contribution of the owners of a cargo, which arises when Dall. 459. 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 always arises from actions pro- duced by necessity. Art. 739. Settlement of disputes——Collectors have no authority to adjudicate disputes respecting the validity of any lien, except that whenever the amount of such lien depends upon the quantity or weight of merchandise actually landed, the collector may hold that the lien may be satisfied upon the payment of an amount computed upon the basis of the return made by the United States appraiser, weigher, or gauger. Art. 740. Litigation—Bond of indemnity.—Where there is a controversy between the consignee and the carrier respecting the validity of a lien, collectors may deliver imported merchandise to the consignee, against which a notice of lien has been filed, upon the deposit with him by the consignee of a bond conditioned for the payment of charges that may ultimately be found to be due or ad- judged to be due in any court of competent jurisdiction. Before the acceptance of such bond it must be shown to the satisfaction of the collector that the bond is adequate to secure the claim of the carrier, and that it was tendered by the consignee to the carrier and refused. Collectors may, in addition, when deemed necessary for their security, exact a bond of indemnity running to themselves to save them harmless from any personal liability which might accrue as the result of any litiga- tion between the consignee and the carrier. Art. 741. Stoppage in transitu—Goods in the possession of the customs authorities under general order, for which no entry has been made, freight being unpaid, are con- structively in the custody of the carrier and subject to the vendor’s rights of stoppage in transitu. Parties claiming the right of stoppage in transitu as herein provided must file with the collector in writing a notice of such claim, describing the merchandise and the T. D, 23412, T. D. 31733. 362 T. D. 33227, p. 322. T. D. 33227, p. 3238. BONDED WAREHOUSES, marks, numbers, or brands on the several packages, the date of arrival, and the name of the importing vessel or other conveyance, and the grounds upon which the claim is based. Upon receipt of such notice the collector will not permit entry or delivery of the goods until the vendor’s claim has been satisfied or adjusted. Goods for which entry has been made and which re- main in customs custody, freight paid, are in the posses- sion of the buyer and are not subject to the vendor’s right of stoppage zn transitu. ACCOUNTS. Art. 742. Warehousing and rewarehousing bond—Ware- house ledger—When a warehouse or rewarehouse entry has been completed bond will be given on Customs Form 3577. A record will be made thereon of the merchandise entered, received in warehouse, withdrawn, and delivered. Warehouse bonds and exportation and transportation bond will be numbered consecutively, commencing with No. 1 on the 1st day of July, and will run for periods of three years. The warehouse bond number will be noted on all withdrawals, and if withdrawn for export or trans- portation the number of the exportation or transporta- tion bond will also be noted thereon. When the entry is liquidated any change in the total liquidated duty will be noted on the bond. Any changes in the value, quantity, rate, or duty affecting the pack- ages remaining in warehouse at the time of liquidation will be noted in detail for the purpose of future with- drawals. Art. 743. Storekeeper’s record of receipts and deliveries.— Storekeepers in charge of warehouses will keep an ac- count of receipts and deliveries of all goods on Customs Form 3599. An index may be kept to this record, alpha- betically arranged by the names of vessels or common carriers and date of arrival. In this account the record of receipts must be in de- tail, specifying each package when necessary. When a delivery is made it shall be noted opposite the record of the withdrawal permit in such manner as to show at all times the quantity of goods remaining in store. Storekeepers will record all permits on the credit side of the account and return them daily to the collector. They will also make daily return to the collector of goods BONDED WAREHOUSES. received on Customs Form 3583, and of partial deliveries of permitted quantities on Customs Form 3585. When the entire quantity covered by a permit is delivered, it will be reported by indorsement on the back of the permit. All delivery reports must be certified by the warehouse- man as correct. Art. 744. Inventories—Inventories of merchandise in warehouse will be made whenever the collector has rea- son to believe that irregularities exist. Such inventories, and those taken when a warehouse is to be discontinued, must be checked with the collector’s warehouse ledger record, as well as with the storekeeper’s record of receipts and deliveries. Art. 745. Record of unclaimed goods.—In the large ports separate books of account, Customs Form 3647, will be kept for unclaimed goods by the storekeeper at the ware- house, and also in the collector’s office. When unclaimed goods are claimed and entered for warehouse, the usual permit shall be sent to the store- keeper sud the unclaimed- “goods account credited ac- cordingly. 363 Art. 746. Expired and uncanceled bonds—Report of.— “aoe Collectors will render quarterly report of expired and- uncanceled bonds to the Auditor for the Treasury De- partment on Customs Form 3677. In addition thereto at nonnaval office ports, all entries covered by the bond account will be forwarded monthly to the Auditor for the Treasury Department accompanied by a descriptive list on Customs Form 3679. MANUFACTURING WAREHOUSES, Art. 747. Character — Location — Use. — Except for the manufacture of cigars, a bonded manufacturing ware- house shall consist of an entire building, which shall in no case be adjacent to a building in which any similar business is conducted. Such warehouses can be estab- lished only at customs ports, and should be used solely and exclusively for the purpose for which they are bonded. The general provisions pertaining to warehouses for the storage of bonded merchandise shall, so far as rele- vant, apply to bonded manufacturing warehouses. Art. 748. Application to establish—Application for the establishment of such a warehouse shall be made to the 364 T. D. 18278, T. D. 21799. BONDED WAREHOUSES. collector of customs at the port where situated, describ- ing the size, construction, and location of the premises, and setting forth the manufacture proposed to be car- ried on in the same, stating the kinds of materials in- tended to be stored and used therein. Art. 749. Bond—Similar proceedings shall be had as required for bonding a store of class 2, except that the bond must be executed in triplicate in such penalty as the collector shall deem proper, and subject to the approval of the Secretary of the Treasury. This bond will be sent to the collector of internal revenue of the district, who, after approving the same, will forward it to the collector of customs, to be trans- mitted by him to the Secretary of the Treasury for his approval. When approved, one copy will be retained in the department and two sent to the collector of cus- toms, who will deliver one to the collector of internal revenue. Art. 750. Formulas——Before commencing business the proprietor of any bonded manufacturing warehouse shall file with the Department and with the collector of customs a list of all the articles intended to be manu- factured in such warehouse, giving the specific names under which the articles are to be exported and under which they will be known to the trade, and stating the names of all the ingredients entering into the manufac- ture of such articles, with the quantities of such ingredi- ents or materials as may be dutiable or taxable. Pro- prietors of such warehouses are required to conform strictly to the formulas filed with the bond, and in no instance shall an article be permitted to be manufactured in or withdrawn from the warehouse which does not contain all the ingredients and in the quantities specified in the formula for the manufacture of such article, or which contains any other article than those specified in the formula. Manufactured articles shall be marked with the trade name of the goods, and may be marked, in addition, with the formulas and with such insignia or name as may be indicated or desired by the pur- chaser, provided such additional marking shall in no manner conflict with the requirements of the formula or afford opportunity to mislead purchasers. Art. 751. Storage of dutiable or taxable goods—AIl bonded manufacturing warehouses shall have a portion BONDED WAREHOUSES. 365 thereof separated from the remainder of the premises and secured by customs locks, to be used exclusively for the storage and keeping of all imported merchandise and of domestic spirits, or other materials subject to internal- revenue tax, transferred into such warehouse for manu- facture. A like compartment will be provided, which shall be used exclusively for the storage and keeping of merchandise or articles manufactured. Art. 752. Access—Samples.——The premises shall be so secured as to prevent any person from having access thereto in the absence of the storekeeper in charge, and the goods stored therein shall be so arranged as to give all practicable convenience to such officer making the required examination, or taking samples for analysis, as hereinafter provided. Art. 758. Conveyance and transfer of materials—Ma- , Act Oct. 3, terials used in the manufacture of goods, and packages, par. Rs See IV, coverings, vessels, brands, and labels used in putting up the same, except any unusual article or form designed for use otherwise than in the bona fide transportation of the merchandise, may be conveyed without the payment of revenue tax or duty into any bonded manufacturing warehouse. Imported goods may be transferred, without the payment of duty, from a bonded warehouse into a bonded manufacturing warehouse; but this privilege shall not be held to apply to implements, machinery, or apparatus to be used in the construction or repair of a bonded manufacturing warehouse, or for the conduct of the business carried on therein. Art, 754. Original packages—Appraisement.—The trans- fer or removal of imported materials, subject to duty, into a bonded manufacturing warehouse will be allowed only in the original packages, and for the purpose of be- ing used in the manufacture of articles intended exclu- sively for exportation as provided by law; and all such imported materials shall be first entered for warehouse under customs regulations, examined and appraised, and the quantity, value, and duty ascertained. Art. 755. Transfer from vessel—Such imported articles or materials may be transferred from the importing ves- sel or vehicle direct to such bonded manufacturing ware- house when it is practicable to use the place of landing as a constructive warehouse. Art. 756. Transportation—Rewarehousing.—When im- ported dutiable articles or materials intended for use in 366 BONDED WAREHOUSES, a bonded manufacturing warehouse are withdrawn from warehouse at one port and transported in bond to another port where such manufacturing warehouse is located, the same will be taken possession of by the collector and rewarehoused. The place of landing may be designated as a construc- tive warehouse when practicable if the merchandise is to be immediately transferred to the manufacturing ware- house. Art. 757, Application to transfer—A pplication for trans- fer of such dutiable articles and materials from bonded warehouse or constructive warehouse to bonded manu- facturing warehouse must be made by the proprietor in duplicate, under oath, to the collector of customs, in the following form: Application for transfer of dutiable articles from bonded. ware- house to bonded manufacturing warehouse. Port oF A : Siz: Application is hereby made for transfer and removal from to the bonded manufacturing warehouse known as f situated at No. , of the following-described articles and materials, viz (here describe the articles or materials, giving the number and date of the warehouse bond given on original entry, the name of the vessel, where from, date of importation, the marks, numbers, and description of the packages, the dutiable value, and the duty as liquidated and adjusted), for the sole purpose of being manufactured and used in said bonded manu- facturing warehouse, and of being exported therefrom as pro- vided for by law, and for no other purpose. STATE OF Port oF I, , do solemnly swear that the statements con- tained in the within application are true. day of . Subscribed and sworn to before me this 191—. Collector of Customs. Art. 758. Withdrawal for transfer—On receipt of such application and approval by the collector. a withdrawal entry in duplicate will be required for transfer to such bonded manufacturing warehouse in the following form: Bond No. ——. Entry of merchandise, to be withdrawn by , Which was imported by in the — . , master, from , into the district of —--—-, at the port of . from BONDED WAREHOUSES. , on the day of , ——, and warehoused by entry No. on the of + . which goods are now at to be transferred to the bonded manufacturing warehouse known as , situated at in the , for the purpose of manufacture into for export, under para- graph M, section IV, of the act of October 3, 19138. Dutiable Packages Rate | Rate | Rate Marks. Nos. car Quantity.| _ of 0 of | Total. melee contents. duty. | duty. | duty. package. Warehouse, W. H. Bond, ——-— Art. 759. Manufacturer’s bond—Transfer——The pro- ,.' prietor will be required to give bond, on Customs Form 3911, before any merchandise covered by a withdrawal entry is transferred to a bonded manufacturing ware- house. Art. 760. Cancellation of bond.—The bond given on Cus- toms Form 3911 may be canceled on proof furnished to the collector that the goods have all been manufactured and exported in the manner required by law and by the regulations of the Secretary of the Treasury. Art. 761. Transfer order.—Upon the execution of the bond and completion of the withdrawal entry, the mer- chandise described therein may be transferred to the bonded manufacturing warehouse. A transfer order will be issued for that purpose in the following form: Transfer order. Port oF 9 To the storekeeper of the port: You will transfer, on application of scribed merchandise, from warehouse known as , the following-de- to the bonded manufacturing , situated at Marks. Nos. Description. Quantity. Value. which was imported into the district by of , from —— on the day == % Collector. 367 T. Ds. 18868. 127. T. D. 16792. 368 BONDED WAREHOUSES, Art. 762. Transfer—Permit to receive——The transfer of merchandise to a bonded manufacturing warehouse will be at the risk and expense of the applicant and under customs supervision. A permit to receive the merchandise into such warehouse will be issued in the following form in duplicate: Permit to receive. CUSTOMHOUSE, Port of To the storekeeper in charge of bonded manufacturing warehouse known as , situated, at z The following-described articles and materials, viz: Marks. Nos. Description. Quantity. Value. are hereby permitted to be received into the warehouse in your charge, to be used therein for the preparation, putting up, and export of manufactured articles as provided for by law. Collector. Art. 763. Free materials—Application to receive—The proprietor of a bonded manufacturing warehouse may, upon application to and approval by the collector of cus- toms, receive therein any merchandise, except imported dutiable merchandise and domestic merchandise subject to internal-revenue tax, for the use in the manufacture of any articles permitted to be therein manufactured. The application and permit shall be in duplicate in the fol- lowing form, one copy to be filed with the collector and the other with the storekeeper in charge of the ware- house: Application to receive free materials. Port oF > — To the collector of customs: Application is hereby made to receive into the bonded manu- facturing warehouse known as , situated at . the fol- lowing-described articles and materials, viz: Marks. Nos. Description, Quantity. Value. BONDED WAREHOUSES. CUSTOM HOUSE, Port of _—. To the storekeeper in charge of bonded manufacturing ware- house known as , situated at The above-described articles and materials are hereby per- mitted to be received into the warehouse in your charge, to be used therein for the preparation and putting up and export of manufactured articles as provided by law. Collector. Art. 764. Transfer of domestic spirits——For the transfer of domestic spirits from an internal-revenue bonded warehouse to a bonded manufacturing warehouse, see Internal-Revenue Regulations 29, of January 1, 1909, as amended August 18,1914. When such transfer is made, a bond on Customs Form 3921 will be required. Art. 765. Withdrawal for exportation of articles manufac- 369 Act Oct. 3, 1913, sec. IV, tured in bond.—Except cigars manufactured in bond, and pars. J, K, M supplies for vessels of the United States, or vessels of war of any nation in ports of the United States, which may reciprocate such privileges toward vessels of war of the United States in its ports, no articles or materials received into a bonded manufacturing warehouse shall be withdrawn or removed therefrom, except for direct shipment and exportation or for transportation and im- mediate exportation in bond to foreign countries, or to the Philippine Islands, under the supervision of a cus- toms officer. Coverings not subject to duty or internal-revenue tax are not “articles or materials” within the meaning of the law, and may be removed from the warehouse under cus- toms supervision. Art. 766. Withdrawal of waste or by-products for con- T. Dy, 18364, Act Oct. 3, 1913, sec. IV. sumption.— Waste or by-products, including waste derived par.’ M;__act Mar from cleaning rice, may be withdrawn for consumption | upon the filing of a modified withdrawal entry describ- *° ing in detail the by-product and the imported material from which produced. Such waste or by-product shall be appraised at its wholesale value in the principal markets of the country from which the material was imported at the time of the withdrawal of such by-products. Duty will be assessed at the rates provided for by the tariff act in force at the time of withdrawal. Upon payment of the duty the withdrawal delivery permit will be issued for delivery and a proper credit given upon the manu- facturer’s bond. 3130°—15——24 x oe, 1874, a Ds.’30458, 370 Act Oct. 3, 433), 1913, sec. IV, (R. S., 3 par. M. BONDED WAREHOUSES, Art. 767. Direct exportation—Withdrawal for—An ex- port withdrawal signed by the proprietor of the ware- house will be required for merchandise for direct expor- tation in the following form: Export from bonded manufacturing warehouse. Withdrawal from warehouse for exportation of articles manu- factured in bonded manufacturing warehouse known as No. ——. composed of merchandise as indicated below by (name of manu- facturer), and exported by (name of exporter), in the (name of vessel), , Master, for (port of destination), which was manufactured in said warehouse. Packages and Total : Marks. Numbers. contents. Value. value, |Quantity. Passed ; i We hereby authoriz to withdraw the goods described above. Such withdrawal will be verified by the declaration of the proprietor in the following form: DISTRICT OF , PoRT OF I, . do solmenly and truly declare that the goods, wares, and merchandise described in the within entry now deliv- ered by me to the collector of the customs for the port of ’ are truly to be exported by me to the port of without the limits of the United States, and are not intended to be relanded within the limits of the United States. I further declare that to the best of my knowledge and belief the goods, wares, and mer- chandise entering into the manufacture of the articles described in the within entry are the same in quality, proportionate quan- tity, and value of package, waste and damage excepted, as at time of importation and (or) deposit in bonded manufacturing ware- house, Declared to this day of , ——. before me. 9 Collector. Art. 768. Transfer to bonded warehouse for exportation.— Articles manufactured under these regulations may be withdrawn for transportation and delivery into any bonded warehouse at an exterior port for the sole pur- pose of immediate exportation. BONDED WAREHOUSES. Art. 769. Bonded routes to be indicated—Consignment to collector.—If the goods are withdrawn for transportation and delivery into any bonded warehouse at an exterior port the withdrawal and bond must describe the bonded route and the name of the exterior port, and must show that the goods are to be deposited in customs bonded warehouse for immediate export only. The goods must be consigned in the entry to the collector of customs at the exterior port for deposit in warehouse, class 3, and must be marked: “Port of (place of manufacture) ,” “Tn bond for (name of exterior port),” “For immediate export only.” In the case of withdrawal for immediate export of manufactured goods transported and delivered into a cus- toms bonded warehouse at an exterior port, the same regulations will be observed as in case of direct export of such goods from bonded manufacturing warehouse, ex- cept that the withdrawal and bond must describe the facts of such transportation and delivery into the cus- toms bonded warehouse at the exterior port. When goods are withdrawn for transportation and exportation by other than the manufacturer, authority must be given for such withdrawal on the face of the withdrawal entry. If the merchandise be withdrawn at the exterior port for exportation by other than the party by whom brought into that port, authority will be required in the same form as at the port of manufacture. Art. 770. Transportation and exportation —If the goods , ,4 371 ct Oct. 3, 913, sec. IV, are to be exported via another port in the United States pars. J, K. for immediate shipment by sea, or for lading on board a vessel of the United States, or vessel of war of a foreign nation which may reciprocate the privilege, as supplies, the withdrawal must describe the bonded route and give the name of vessel and foreign port of destination. The goods must be consigned to the care of the collector, and be laden on the exporting vessel under customs supervi- sion, and a certificate of lading issued and transmitted to the collector of the port where the goods were manufac- tured. In all cases of withdrawal other than for direct export the form of verification of the withdrawal and of the per- mit to storekeeper will be modified to correspond with the facts of shipment as shown on the withdrawal. 372 T. D. 17301. T. D. 16792. BONDED WAREHOUSES, If the goods are withdrawn for export to Canada or Mexico via a frontier port, the withdrawal must name the bonded route, the frontier port, and the port or place of final destination. In such cases the goods will be con- signed to the agent of the railroad or to a special con- signee in care of the collector at the frontier port. Art. 771. Permit—Lading.—The withdrawal entry hav- ing been completed and export bond given, a permit will be issued to the storekeeper on Customs Form 3933. The withdrawal entry will be transmitted to the ship- ping officer with instructions in the following form: CusToMHOUSE, To the Shipping Officer: You will direct an inspector of the customs to examine the goods described in the within withdrawal, and if found to agree exactly therewith to superintend the lading thereof on board (name of vessel) for exportation to ,» and when such lading is com- pleted to make due return thereof. Collector. The shipping officer under whose supervision the goods are laden will make report in the following form, noting thereon any merchandise described in the entry which has not been laden. Any merchandise received by the shipping officer and not laden on board the export vessel will be sent to the general-order warehouse and so noted in his return, unless otherwise directed by the collector: Port oF ; : I have examined the goods described in the within entry, and finding them to agree therewith they were laden under my super- vision on board ) , master, for = Inspector. Art. 772. Proof of exportation.—The collector may ac- cept as proof of exportation the bill of lading, specifica- tion of the merchandise on the outward manifest of the exporting vessel, the certificate of lading and record of the clearance of the vessel. Art. 773. Cancellation of manufacturer’s bond—Domestic spirits—The bond given by the manufacturer on the de- posit of domestic spirits in such bonded manufacturing warehouse on Customs Form 3921 may be canceled upon the proofs of exportation set forth in the preceding ar- ticle and upon filing with the collector a statement, veri- fied by oath of the proprietor of the warehouse and certi- fied to by the storekeeper and the foreman or chemist of BONDED WAREHOUSES. the manufactory, showing the date and number of the bond, the number of packages of spirits used, the marks and numbers, the number of wine, proof, and taxable gal- lons, the degree of proof, and the articles into which the same were manufactured. CIGAR-MANUFACTURING WAREHOUSES. Art. 774, Manufacture and withdrawal for consumption.— 373 Act Oct. 3, 1913, sec. IV, Imported tobacco from any one country after being en- par. M. tered for warehousing may be transferred direct from the importing vessel or from bonded warehouse of class 3 into bonded manufacturing warehouses established in ac- cordance with the law and regulations governing ware- houses of class 6 and stored in separate compartments therein under customs locks pending its withdrawal for use in the manufacture of cigars. Before any such tobacco may be transferred to the manufacturing depart- ment in such premises for use in the manufacture of cigars it must be withdrawn in original packages and duty paid thereon in the same manner and under the same regulations as govern withdrawal of merchandise for consumption from warehouses of class 3. Cigars manufactured in whole of tobacco imported from any one country may be manufactured in such bonded manufacturing warehouses for home consumption and removed therefrom only after internal-revenue stamps and the caution notice and customs stamps shall have been affixed to each box containing such cigars. A. record of all tobacco received in bonded manufac- turing warehouses and delivered from compartments to the manufacturing department will be kept on Customs Form 3595. Cigars may also be exported from bonded manufac- turing warehouses without payment of duty or inter- nal-revenue tax under the laws and regulations govern- ing the withdrawal of merchandise from warehouses of class 6. Cigars, cheroots, cigarettes and smoking and plug tobaccos manufactured in bonded manufacturing ware- houses may be withdrawn for exportation by registered parcel post, provided the parcel containing them is in- spected and mailed under the supervision of a customs officer, and the receipt therefor delivered to the customs officer for filing at the customhouse with his return of the inspection. T. D. 34580, p. 1082. T. D. 35186. 874 BONDED WAREMOUSES, A waiver of the right to withdraw such parcels from the mails shall be indorsed on each parcel and signed by the party in whose name the receipt is made, and the inspector in making his return shall state that such Waiver was so made. When the amount of duty involved is less than $25 no evidence of landing abroad will be required. When, however, the amount of duty is $25 or more, there shall be filed either the receipt of the foreign addressee or a certificate from the postal authorities in this country to the effect that notice has been received from the foreign postal authorities that the package was received at desti- nation and delivered to the addressee. Parcels containing cigars, cheroots and cigarettes will not be accepted by the postal officials unless they conform to the dimensions and weight prescribed by the Postal Laws and Regulations, nor will parcels be accepted for dispatch to countries to which tobacco is prohibited trans- mission through the mails. rots’ oct @ Art. 775. Customs cigar stamps.—Before removal of the pay. M. 4993, cigars from the bonded premises there must be affixed to each box thereof the stamp provided by the Government indicating their character according to the method of manufacture, origin of tobacco, place of manufacture, T. D, 34815. and that they were manufactured in bond. These stamps will be sold to manufacturers by collectors of customs at the rate of $1 per thousand, and the proceeds deposited T. D. 34049. and accounted for in the same manner as receipts from the sale of blank forms. TP. 34580, A record of stamps and shipments will be kept on Customs Form 3593. T. D. 34454. Art, 776. Cancellation of customs and internal-revenue stamps.—Before removal of the cigars from the bonded premises both the customs and internal-revenue stamps must be canceled in a legible manner by means of a rub- ber stamp or by perforation, showing the name of the manufacturer, the place where the factory is located, and the date of cancellation. T. D. 34454. Art. 777. Caution notice—Each box of such cigars be- fore removal must have affixed thereto, either by brand- ing or by use of a paper label, a caution notice in the following form: . D, Notice.—The manufacturer of the cigars herein contained has complied with all the requirements of law. Every person is cau- tioned not to use either this box for cigars again or the stamp BONDED WAREHOUSES. thereen again, nor to remove the contents of this box without de- stroying said stamp, under the penalties provided by law in such cases. Art. 778. Transfer of scraps, cuttings, and clippings of tobacco.—Proprietors of premises bonded for the manu- facture of cigars may remove therefrom scraps, cuttings, and clippings of tobacco produced in the premises for transfer to cigar or tobacco manufacturers operating under the internal-revenue laws. Such proprietors will be required to keep a record of each transfer of scraps, cuttings, and clippings, and application for permission for such transfer shall be in the following form: Application and permit for transfer of scraps, cuttings, and clippings. Port oF , , 191—. The CoLLEcTOR or CUSTOMS, Sim: Application is hereby made to transfer pounds of scraps, cuttings, and clippings of tobacco upon which duty has peen paid from our bonded manufacturing warehouse, class 6, to , factory No. ——, district . State of 9 Proprietor of Bonded Manufacturing Warehouse, Class 6. Port or ‘ , 191—. The above application is hereby granted. The storekeeper will deliver material stated and make his return below. 2 Collector. The application having been approved, the United States storekeeper located at the bonded cigar manu- facturing warehouse will certify to the quantity of such scraps, cuttings, or clippings of tobacco delivered by him for transfer to the factory designated in the application on the following form: Port or ‘ , 191—. I hereby certify that pounds of scraps, cuttings, and clip- pings of tobacco, upon which duty has been paid, have been deliv- ered by me from the bonded manufacturing warehouse, class 6, of , for transfer to United States Storekeeper. _ The collector of customs will thereupon notify the col- lector of internal-revenue of the district in which the 875 T. D. 34204. 376 BONDED WAREHOUSES. factory is located on the following form that permission for such transfer has been granted: DISTRICT OF . Port or , , 191—. To the collector of internal revenue. Siz: Permission has been granted the , bonded manufacturing warehouse of class 6, located at 7 . to transfer pounds of scraps, cuttings, and clippings of to- bacco to factory No. ——, district of ——, owned by * Collector of Customs. SMELTING AND REFINING WAREHOUSES. 19ts' OS ye Art. 779. Application to establish—Bond.—A pplication re, Ne Sule for the establishment of works of manufacturers engaged wk Bs 35061, in the smelting or refining, or both, of ores and crude : metals in bond, to be known as a warehouks of class 7, must be made by the manufacturer or owner thereof, through the collector of the district in which such works are situated, giving the location of the premises and set- ting forth the work proposed to be carried on therein. The same procedure will be followed as that required for bonding a warehouse of class 2, and the bond will be on Customs Form 3571. The penalty of the bond will be fixed by the Secretary of the Treasury. Art. 780. Renewal of bond.—The proprietor shall, on 10 days’ notice from the collector, be required to renew his bond; and if he fail to do so, no further permits shall be granted for removal or transfer of ores or crude metals to such warehouse, which may be discontinued at any time by direction of the Secretary of the Treasury, when the safety of the revenue and the public interest may so require. Art, 781. Discontinuance.—The proprietor shall have the right to relinquish the business at any time on ap- plication to the collector, with the consent of the Secre- tary of the Treasury, and on compliance with his direc- tions in respect to such articles and merchandise as may be found remaining in the warehouse. Art. 782. Entry for warehouse—Permit.—Upon the ar- rival of imported ores or metals in any crude form at a port where a smelting or refining warehouse is situated, for the purpose of being smelted or refined in bond, or both, they shall be entered for warehouse. The ware- house entry, and bond, Customs Form 3577, having been BONDED WAREHOUSES. executed, the collector will issue a permit to the inspec- tor to send such ores or metals from the importing vessel or other conveyance by designated bonded carts, drays, or lighters to the smelting and refining warehouse named in the entry. Art. 783. Transfer of shipping materials—The store- keeper in charge of the warehouse will permit manufac- turers to transfer thereto all necessary casks, barrels, or other packages required in which the smelted or refined metal or metals are to be packed for shipment. Art. 784, Forms.—The bonds, entries, permits, and cer- tificates required by the regulations governing the smelt- ing or refining, or both, of ores and crude metals in bond will be in the following forms: Withdrawal for transportation of refined metal. Entry of refined metal to be withdrawn from smelting and re- fining warehouse by , produced from crude , which was imported by - into this district on the day of » ——, in the , master, from , and to be exported to . by way of oh Packages Dutiable Num- Quan-| Per | Per | Per | Per Marks. | ‘hers. watt Nes, tity. | cent. | cent. | cent. |cent.| Total. abpusrawes, Bond upon transportation and exportation of metals refined in bond. Know all men by these presents that . of . , a8 principal, and » of ; » and , of fi » as sureties, are held and firmly’ bound unto the United States of America in the sum of dollars, for the payment whereof to the United States we firmly bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally, by these presents. Witness our hands and seals, at the port of , this day of _—- Whereas certain merchandise consisting of [here described in accordance with the entry] has been heretofore imported and entered for warehousing at the port of , and entry for trans- portation and exportation of the said merchandise to with- out payment of duties thereon, by the route, in the manner, and to the place of destination hereinafter mentioned, has this day been made and deposited with the collector of customs at the port of , which said entry is numbered 1 State route and port of destination. 377 378 BONDED WAREHOUSES. Now therefore the condition of this obligation is such that if within one year from the date hereof the aforesaid merchandise shall be transported in [here name the vessel], whereof is at present master, and the duplicate of said special manifest delivered to the proper officer of customs at the port of immediately on arrival, and shall thereafter be duly landed and delivered at , and shall not, or any part thereof, be relanded or consumed within the limits of the United States, except upon due entry and withdrawal for consumption on payment of duties at any port of entry or delivery on the said route, in case the obligors, their agents or consignees, shall so elect, and if within the time limited as aforesaid the said obli- gors shall produce or cause to be produced and deposited with the collector of customs at the said port of withdrawal the certificates and other proofs required by law and by the regula- tions of the Treasury Department for the time being, to show the performance of the aforesaid conditions, or the entry and withdrawal of said merchandise for consumption on payment of duties at any such port of entry or delivery as aforesaid, then this obligation to be void; otherwise to remain in full force. [SEAL.] ——- ———. _ [SEAL.] ——. [sEAL.] Signed, sealed, and delivered in presence of— Delivery permit on transportation for export of refined metal. Port or CUSTOMHOUSE, To the storekeeper: You will deliver to the surveyor [here describe merchandise], produced from , imported into this district on the s , after seeing that the packages are duly corded, and the ——. by . in the , master, from customhouse seal attached [or the cars sealed, as the case may be], and that they are marked as in bond for exportation. Collector. Naval Officer. Inspector’s return on shipment, Port oF ’ oo I hereby certify that I have examined the packages of mer- chandise enumerated in the annexed entry, and finding them to agree in all respects with the description thereof, and to be duly marked, they have been laden, under my supervision, on board the . , master, for , and duly corded and sealed [or placed in car No. ——, secured by customs seals], and a duly certified manifest of the same has been delivered to the master. , Inspector. BONDED WAREHOUSES. The certificate of inspection and exportation of refined metal will be on Customs Form 3849. Art. 785. Entries, withdrawals, and accounts.—The meth- ods of making the entries, withdrawals, and accounts under these regulations will be in the manner and form set forth in T. D. 35216 until amended or superseded. Art. 786. Bonded ores or metals to be kept separate from |, nonbonded.—Bonded ores or metals shall, until after the bar. 379 at Oct. 3, sec, IV, ”'N, sub- same have been sampled and weighed, be kept separate» “t. D, 35216. and distinct from nonbonded material. Art. 787. Sampling—Assaying—Allowance for moisture.— Upon receipt of the ores or crude metals in the bonded warehouse, the appraiser or officer assigned to that duty shall obtain proper and adequate samples from those taken for commercial purposes in the manner approved and practiced by miners and others in the handling and re- duction of ores and metals. This shall be done in the case of ores by thoroughly mixing and quartéring por- tions of the importations, repeating the operation until the usual commercial sample is obtained. In the case of crude metals or bullion one bar in ten from an importation shall be set aside for sampling; five bars from those so selected shall be laid side by side and punched, one punching being taken from each bar, beginning at the end of one outside bar and going diag- onally across to the opposite end of the fifth bar, and the bars shall then be turned over and this punching re- peated, likewise going diagonally across the bars, starting from the opposite corner, so that the punchings will be taken from a different part of the bar, ten punchings thus being obtained from the five bars. The punchings so obtained from the various sets of five bars shall be melted and run into a square bar, which bar shall then be sawed halfway through in a number of places from one side and the bar then turned and sawed from the opposite side in a similar manner; and the metal sawdust resulting shall constitute the sample for assaying. The samples taken by the appraiser, or officer assigned to that duty, shall be delivered to the Government chem- ist, who will assay the same to determine the dutiable contents. The assay to be made shall be the wet assay, without deduction. If the importations at any smelting or refining warehouse are sufficient to justify it, and the proprietors make application therefor, a Government 380 BONDED WAREHOUSES, chemist will be stationed at such warehouse at the ex- pense of the manufacturer. , Allowances shall be made for moisture in the imported ores, and such allowance shall be determined by the store- keeper or the Government chemist when present at the plant, the assay sample of the ore being weighed in the condition as imported, pulverized fine enough to run through an 80 or 100 mesh sieve, then dried out by heat and reweighed, the difference between the two weights representing the moisture. From this result, by com- parison with the first weight of the sample, the percent- age of moisture shall be computed. The dried-out sam- ple shall be the sample delivered to the Government chem- ist for assay. Where there is no Government chemist located at the plant, samples of the imported ores in the condition in which the ores are at the time of weighing shall be forwarded, in hermetically sealed packages, to the Government chemist from time to time and shall be tested by him for moisture determination as a check against the allowance made for moisture. SMELTING AND REFINING OF LEAD. Art. 788. Allowance for wastage—Cancellation of bond— Withdrawal for consumption—Antimonial lead—The al- lowance to be made for wastage in smelting and refining of imported lead ores and bullion will be ascertained and fixed by the Secretary of the Treasury for each smelting warehouse, and for each refining warehouse, and for each combined smelting and refining warehouse bonded. An amount of lead equal to the lead contained in the im- ported ore or crude metal as ascertained by Government assay, less the wastage allowance, shall constitute the quantity of lead which must be either exported, trans- ferred to a bonded manufacturing warehouse or bonded customs warehouse, or withdrawn for consumption, in order to secure the cancellation of the charge made against the bond. However, upon the withdrawal for consumption of lead smelted or refined, duty shall be col- lected upon the dutiable content of the quantity of ores or crude metals in their condition as imported from which said lead was produced and without allowance for wastage or for zinc entirely lost in the smelting or refining, or both, except as allowed in appraisement on importation. (T. D. 34280, art. 3.) An assay shall be BONDED WAREHOUSES. made of metals which are to be withdrawn for consump- tion, exportation, or transfer to a bonded manufacturing warehouse or bonded customs warehouse, with the excep- tion of refined lead, which shall only be assayed from time to time at the discretion of the chief officer of cus- toms in charge. Antimonial lead produced in bonded smelting and re- fining warehouse may be withdrawn for consumption upon the payment of the duties charged against it, as type metal, at 15 per cent ad valorem, and the charges against the bond canceled in a similar sum. Upon the with- drawal of antimonial lead for domestic consumption it shall be sampled by the Government by the taking of dip samples, one from each lot or charge, and the samples so taken shall be assayed by Government assay to determine the lead and antimonial contents. The producers shall furnish, as soon as possible after withdrawal, to the United States appraiser at the port of withdrawal, in case of sale, a sworn statement of such sale showing: (1) The date of the sale; (2) the contract number or other symbol by which the sale may be located on their books; (3) the quantity of antimonial lead; and (4) the actual selling price per pound, noting all discounts and trade allowances. The antimonial lead withdrawn for con- sumption shall be appraised by the appraiser on with- drawal to determine its value at the time of withdrawal. If the appraiser shall be unable to ascertain and report the wholesale prices or market value by reason of the fact that antimonial lead of such character is not actually sold or offered for sale in the usual wholesale quantities in the principal markets of the country of origin of the importation covered by the bond to which the antimonial lead is credited, he shall ascertain and report the value thereof in the manner prescribed by paragraph L of sec- tion 3 of the tariff act of October 3, 1913. The value determined by the appraiser shall be the basis for the payment of duty. The bond shall be credited, against the imported metals charged thereon, with the lead contents of the antimonial lead, determined by the Government assay of the dip samples, as above provided, plus the wastage allowance, together with any dutiable zinc en- tirely lost in the smelting or refining, or both, and there shall be credited to the duties charged against the bond an amount, in addition to that paid on the antimonial lead, sufficient to make the total credit equal the duties 381 382 BONDED WAREHOUSES, assessed against the lead so determined by assay, plus the wastage allowance and the dutiable zinc, if any, entirely lost in smelting or refining, or both, thus balancing the bond. Art. 789. Proprietors’ statements—Manufacturers en- gaged in smelting or refining, or both, shall immediately notify the Secretary of the Treasury of any material change in the character of the ore or base bullion smelted or refined, or both, and of any change in the methods of smelting or refining, and shall file with the Secretary of the Treasury an annual statement showing, among other things, the quantities of ore and bullion on hand at the beginning of the period covered by the statement and the lead contents thereof; quantities of ore or bul- lion received during that period and the lead contents thereof; total ore and bullion to be accounted for and the lead contents thereof; quantities of ore and bullion on hand at the end of the period and the lead contents thereof; quantities of ore and base bullion worked dur- ing the period and the lead contents thereof; intermedi- ary products on hand at the beginning and end of the period and the lead contents thereof; net gain or loss in intermediary products as a result at the end of the period and the lead contents thereof; net quantities of ore and base bullion worked during the period and the lead contents thereof, to be accounted for in metals or wastage; quantities and kinds of metal produced in the plant on hand at the end of the period and the lead con- tents thereof; quantities and kinds of metal shipped dur- ing the period and the lead contents thereof; quantities and kinds of metal produced in the plant on hand at the beginning of the period and the lead contents thereof; total quantities of metals produced during the period and the lead contents thereof; and the wastage. If there is a gain in the intermediary products the amount should be subtracted from the total ore and base bullion. If there is a loss, the amount should be added to the total ore and base bullion. Complete smelting and refining records shall be kept from which said annual statement, shall be prepared. Art. 790. Withdrawal for direct exportation For a di- rect exportation of the smelted or refined lead from a sea- board or frontier port there shall be filed an export entry with the collector of customs, who will issue a permit for exportation. Upon receipt of the permit the storekeeper BONDED WAREHOUSES, in charge will deliver the lead therein described and make due return to the collector of customs and upon receipt of the lading inspector’s return and a proper bill of lad- ing, the collector will credit the warehouse bond with an amount equal to the quantity of lead so exported, plus the refining wastage allowance prescribed for the partic- ular establishment from which withdrawal is made, com- puted upon the lead contents of the bullion refined, to- gether with the lead if any lost in the smelting process and the dutiable zinc entirely lost in the smelting or re- fining, or both. Art. 791. Exportation from another port.—For the expor- tation of such lead via some other port in the United States, there shall be filed with the collector of customs where the bonded establishment is located a transporta- tion and exportation entry in triplicate, whereupon an export bond shall be executed in a penal sum equal to double the duties. The entry having been filed, a permit shall be issued by the collector to the storekeeper for de- livery of the lead so withdrawn. An inspector will be designated to examine the packages, and if they accord in all particulars with the descriptions in the entry he shall make return accordingly on one of the copies of such entry. Such lead will thereupon be forwarded for exportation and will be exported in the same manner as merchandise under entry for transportation and expor- tation. Art. 792. Withdrawal for transfer to bonded customs warehouse or bonded manufacturing warehouse at the same port.—Upon receipt of an application for transfer of the lead to bonded customs warehouse or bonded manufactur- ing warehouse at the same port, the collector of customs will issue an order to the storekeeper to deliver the lead therein described to the surveyor to be transferred under the supervision of an inspector by bonded carts, drays, or lighters to the warehouse named, and will also issue an order to the storekeeper in charge of the receiving warehouse to receive such lead therein. The storekeeper at the receiving warehouse will compare the packages of lead received by him with the withdrawal entry and make due return thereof to the collector, who will credit the warehouse bond of the establishment from which the lead is transferred, as provided in the case of withdrawal for transportation, exportation, or consumption. Such transfers will be at the risk and expense of the applicant, 383. 384 BONDED WAREHOUSES, and the regulations governing the transfer of bonded merchandise from one warehouse to another in the same district, and the transfer of imported materials from bonded warehouse to bonded manufacturing warehouse will be followed so far as practicable. Where the trans- fer is to a bonded customs warehouse a bond will be re- quired on Customs Form 3577, and if the transfer is to a bonded manufacturing warehouse manufacturer’s trans- fer bond (Customs Form 3911) will be required. On the transfer of the lead to a bonded customs warehouse the duties shall be continued at the full amount charged on the imported ores or crude metals—that is, on a quantity of lead of the same kind as imported equal to the quan- tity of lead transferred, plus the wastage, together with any dutiable zinc entirely lost in the smelting or refining, or both; but on the transfer of the lead to a bonded manu- facturing warehouse the duties shall be carried forward in rewarehousing computed only on a quantity of lead of the same kind as imported equal to the quantity of lead transferred. Art. 793. Withdrawal for transportation to bonded cus- toms warehouse or bonded manufacturing warehouse at an- other port.—The same procedure will be followed as upon the withdrawal of merchandise from warehouse for transportation in bond. Upon arrival of the lead at the port of destination the same will be entered for reware- house and a certificate therefor will be forwarded to the collector of customs at the port of withdrawal, who will on receipt thereof cancel the transportation bond cover- ing such withdrawal. The usual warehouse bond (Cus- toms Form 3577) will be required where the transfer is to a bonded customs warehouse, and where the transfer is made to a bonded manufacturing warehouse, manufac- turer’s transfer bond (Customs Form 3911) will be re- quired, and the duties shall be carried forward in each instance as provided in Article 792. Art. 794. Entry for warehouse and transportation—Upon the importation of ores or metals in a crude form at any seaboard port or frontier port of the United States con- signed to a bonded smelting or refining warehouse situ- ated at some other port of entry the same may be entered for warehouse and transportation, waiving the usual ap- praisement and weighing, and entry made and the esti- mated duties based on the invoice weight or value of the BONDED WAREHOUSES, lead contents when the goods may be forwarded in bond to port of destination. Art. 795. Entry for rewarehouse——Upon entry of the merchandise for rewarehouse at the port of destination, samples shall be selected in the manner hereinbefore pro- vided by the appraiser or officer assigned to that duty at the port where such smelting and refining warehouse is situated, after official ascertainment of weight, and sam- ples assayed and report made. Art. 796. Smelting and refining in separate establish- ments.—In case the operation of smelting and refining is not carried on in the same establishment, the smelted and unrefined products or bullion obtained from the smelting of lead ores in a bonded smelting warehouse may be removed therefrom for shipment to a bonded refining warehouse located either at the same port or at another port. If the bonded refining warehouse is lo- cated at the same port, the procedure specified in article 792 for the transfer of the refined metal from the bonded smelting and refining warehouse to a bonded customs warehouse or bonded manufacturing warehouse will be followed. Where the transfer is to a bonded refining warehouse located at.another port article 793 will be followed. In such cases the smelted and unrefined prod- ucts or bullion obtained from the smelting of the imported lead ore and withdrawn shall be weighed, sampled, and assayed on withdrawal; and the bond of the smelting establishment will be credited with an amount equal to the lead content of the bullion as shown by the assay thereof, plus the wastage allowance for smelting pre- scribed for the particular smelter from which the with- drawal is made, together with the dutiable zinc entirely lost in the smelting. The withdrawal entry for trans- portation shall show the gross weight of the bullion with- drawn, the weight of the lead contained therein, the weight of the lead contained in the imported ore as above computed, that is, the weight of the lead contained in the bullion plus the wastage together with the dutiable zinc entirely lost in the smelting, and the duties for which credit is given based on the said amount of lead and zinc contained in the imported ore. The rewarehouse entry covering the metal at the bonded refining warehouse to which the bullion is transferred shall be made out in ac- cordance with the withdrawal entry for transportation 3130°—15——25 385 386 BONDED WAREHOUSES, covering the bullion, both as to the respective weights and the duty, the duty being thus computed on the dutiable lead and zinc contents of the imported ore. Upon with- drawal of the refined lead from the bonded refining warehouse the bond (Customs Form 3577) of said re- fining warehouse charged with the dutiable lead and zinc contents of the ores at the time of original importation shall be credited with the refined lead so withdrawn, plus the wastage allowance for refining prescribed for said re- fining warehouse computed on the lead contents of the bullion, plus the smelting wastage allowance of the bonded smelting warehouse in which the bullion was pro- duced computed on the lead contents of the imported ore, together with any dutiable zinc entirely lost in refin- ing or smelting, or both. However, when the refined lead is withdrawn for consumption, duty shall be collected on the dutiable lead and zinc contents of the imported ore from which the bullion was produced, no allowance for éither smelting or refining wastage being permitted, nor for zinc entirely lost in the smelting or refining, or both, except as allowed in appraisement on importation. (T. D. 34280, art. 3.) Art. 797. Withdrawal of lead refined in part from im- ported base bullion and bullion produced from imported ores.—Upon withdrawal of lead from warehouse engaged in refining or both smelting and refining, part of which lead is obtained from imported base bullion and part from base bullion produced by smelting imported ores, the bond will be credited with the quantity of refined lead so withdrawn, plus (1) the wastage allowance for refining prescribed for that establishment, to be based upon the lead content of both the imported base bullion and that resulting from the smelting of imported ores used in producing the refined lead withdrawn, and (2) the wastage allowance prescribed for smelting for the establishment in which the imported ores were smelted, to be based on the lead content of the imported ores, together with the dutiable zinc entirely lost in the smelt- ing or refining, or both. Art. 798. Affidavits of proprietors as to dutiable zinc en- tirely lost.—In the foregoing regulations where reference is made to the dutiable zinc entirely lost in the smelting or refining, or both, such allowance shall be made only BONDED WAREHOUSES. upon affidavit of the proprietors furnished with their annual statement that no zinc was recovered. SMELTING OF ZINC. Art. 799, Application of lead regulations—Allowance for wastage.—The above regulations as applied to lead in ores shall also apply to importations of zinc in ores; but the allowance covering the zinc and lead lost in smelting zinc ores shall be the actual loss as shown by the sworn statement of the smelting company, which shall be an abstract from its smelter records, submitted to the col- lector quarterly, to be verified by the storekeeper. In case the zinc is withdrawn for consumption, duty shall likewise be paid on the entire dutiable content of the imported ores, that is, on the full dutiable zinc and lead content of the imported ores, without allowance for wast- age, and without allowance for the lead entirely lost in smelting, except as allowed on importation where the imported ores contained lead in quantities of not more than 8 per cent. Art. 800. Reeovery of both lead and zine.—In case both lead and zine are recovered in the smelting or refining process from the same ore or crude metals, separate ac- count of the quantity of each metal so recovered shall be kept by the Government official in charge. STORAGE OF TEA. Art. 801. Designation of warehouses—Bond—Storage.— Warehouses for the storage of tea will be designated by *8 the collector, and the proprietor thereof will be required to give a bond on Customs Form 3891. Teas not stored in such designated warehouses will be placed in general order store or in public store pending examination and release on proper permit. In the absence of proper stor- age facilities at ports of entry, tea may be retained in locked cars as constructive warehouses, under customs supervision, pending examination. ; Upon filing of the bond above provided for the im- porter’s premises may be designated as a warehouse for the storage of tea. The collector may assign a storekeeper at the importer’s expense for the supervision of such premises while teas remain therein under bond. 387 Act Mar. 3, 97. T. D. 33211, 388 BONDED WAREHOUSES, Tea stored awaiting examination in any warehouse must be separated from other merchandise. At ports where there are no bonded warehouses, class 2 or 3, the collector will, when necessary, procure suitable premises for the temporary storage of any tea arriving at his port. The - repacking of tea in warehouse for export purposes is not allowed. All expenses of storage, cartage, and labor must be paid by the importer. CHAPTER XVI. DISPOSITION OF MERCHANDISE UNCLAIMED OR IN WAREHOUSE BEYOND THREE Art. 802. 803. 804. 805. 806. 807. 808. 809. 810. 811. Art. 802. Storage.— Merchandise unclaimed will beygo¢5° taken possession of by the collector and sent under a per- Storage. Unclaimed merchandise in ware- house beyond one year. Merchandise in warehouse beyond three years. No exportation without appraise- ment. Duty-paid merchandise remaining in warehouse. Sale. Special sale—Explosives—Perish- able merchandise. Cigars, cigarettes, snuff, and to- bacco—Destruction of. Withdrawal of merchandise from sale. Notice of sale—Catalogues. Art. 812. 813. 814. 815. $16. 817. 818. 819. 820. 821. 822. YEARS. Record of sale. Naval office record. Auctioneer—Expenses of sale. Payment for and delivery of mer- chandise. Payment of charges—Warehouse merchandise. Payment of charges—Unclaimed merchandise. Surplus. Deficit. Merchandise remaining unsold— Of no commercial value. Net proceeds—How accounted for. Report to the Auditor for the Treasury Department. R. S., 2880, 2966, 2969. mit, Customs Form 3193, to a warehouse of class 1, if there be any such, or, if not, then to a warehouse of class 8 or class 4, according to the character of the merchan- dise, specially designated for the purpose by the collector. Whenever the collector shall take possession of a cargo which is unclaimed and not unladen, he shall require as - a condition for granting a permit to discharge that the vessel be removed at the expense of the owner to such place, wharf, or pier most convenient to the general order stores. Storage at the ordinary rates,.and all expenses, must be paid by the owner or consignee of the merchandise upon due entry thereof, but if the goods are sold, then from the proceeds of sale. Storekeepers at warehouses used for storing unclaimed goods will be required to keep the same records and make the same return of receipts and deliveries as required by the regulations governing storekeepers of private bonded warehouses. 889 390 DISPOSITION OF UNCLAIMED MERCHANDISE. 18499 211277 © Art. 803. Unclaimed merchandise in warehouse beyond one year.—Merchandise taken possession of as unclaimed for which no entry is made within one year from the date of importation should be sold at public auction at the next ensuing regular sale. B.S. 2071. Art. 804. Merchandise in warehouse beyond three years.— RepSgas. “°* Imported merchandise on which the duty has not been paid remaining in bonded warehouse beyond three years from the date of importation is abandoned to the Gov- ernment and becomes subject to sale. Such merchandise can not be exported with benefit of drawback or without payment of duty. Art. 805. No exportation without appraisement.—When it shall appear by the invoice, bill of lading, manifest, or other document that merchandise arriving in the United States and remaining in general order less than one year was when shipped destined for immediate exportation from the United States, it may be so exported. If it shall not so appear, the merchandise may be ex- ported only upon entry for warehouse and upon appraise- ment. No merchandise remaining unclaimed more than one year shall be exported without payment of duty. Art. 806. Duty-paid merchandise remaining in public store or bonded warehouse.—Merchandise entered for warehouse and duty paid, remaining in public-store after the ex- piration of the bonded period, and other duty-paid or free merchandise for which delivery permits have been issued remaining in such store at the expiration of one year from the date of importation will be treated as abandoned to the Government and sold for the Govern- ment’s charges. This will not affect the immediate sale of perishable merchandise as provided by law. Merchandise entered for warehouse, duty paid and re- maining in bonded warehouse beyond three years, and other duty-paid or free merchandise for which deliv- ery permits have been issued remaining in such ware- house at the expiration of one year from the date of im- portation, will be delivered to the warehouseman as pro- vided in article 722. No application for remission or refund of duty on ac- count of casualty occurring after the expiration of three years from date of importation will be entertained. Art. 807. Sale-——Regular sales of unclaimed merchan- dise, and merchandise remaining in warehouse beyond T. Ds. 15504, 15527. DISPOSITION OF UNCLAIMED MERCHANDISE, three years, will be made as often as twice in every year, or oftener, at the discretion of the collector. Before unclaimed merchandise shall be sold it must be appraised at the foreign market value at the date of ex- portation in the principal markets of the countries whence exported, including in the dutiable value all charges and expenses required by law to be added on entry. Such merchandise shall also be appraised at its actual home market value at the time and place of examination, making due allowance for depreciation or appreciation in such value since the date of exportation. The quantity of merchandise in each lot appraised shall also be reported. Before seized drugs, insecticides, seeds, plants, nursery stock and other articles required to be inspected by the Department of Agriculture are advertised they shall be inspected by a representative of the Department of Agri- culture to ascertain whether or not they comply with the requirements of the law and the regulations of that de- partment. All unclaimed and abandoned merchandise at ports of entry, including that subject to sale under sections 2975 and 2976 of the Revised Statutes, will be promptly re- ported to district headquarters for disposition. Art. 808. Special sale—Explosives—Perishable merchan- dise——Unclaimed explosives, dangerous articles, fruit, and perishable articles, the entry of which for warehouse is forbidden, will be sold on three days’ public notice, and the proceeds disposed of and accounted for as in case of other unclaimed merchandise. Unclaimed or abandoned merchandise in warehouse which, in the opinion of the collector, may, from depre- ciation in value, damage, leakage, or other cause, prove insufficient on sale to pay the duties, storage, and other charges, if remaining in warehouse for the period allowed by law, and unclaimed merchandise remaining on the dock which, in the opinion of the collector, would prove insufficient to pay the cost of cartage and storage, will be sold at public auction, on giving public notice of not less than 6 nor more than 10 days, as the collector may determine, and the proceeds disposed of and accounted for in like manner. Art. 809. Cigars, cigarettes, snuff, and tobacco—Destruc- tion of—If it shall appear that any abandoned, con-* 391 T. D. 30402, T. D. 33557, ar, 23. R. 8., 2975. R. 8., 2976. R. 8., 3369, 458. T. D. 6207. 392 T. Ds. 13523, 4307, T. Ds. 18929, 18499, 21127. T. D, 26386. R. 8., 2973. T. D. 21127. T. D. 9720. DISPOSITION OF UNCLAIMED MERCHANDISE. demned, or forfeited cigars, cigarettes, snuff, or tobacco, when offered for sale, will not bring a price equal to the internal-revenue tax due thereon, they shall not be sold for consumption in the United States, but upon applica- tion the Commissioner of Internal Revenue may order the destruction of such articles by the officer in whose custody they may be at that time. Such articles may be sold if of a value sufficient to pay the internal-revenue tax, although it may not be sufficient to pay the import duties. Art. 810. Withdrawal of merchandise from sale.—Mer- chandise not claimed within one year may at any time previous to sale be entered for consumption or ware- house, and withdrawn upon payment of duty and ex- penses. Merchandise remaining in warehouse beyond three years may at any time previous to sale be withdrawn for consumption upon the payment of the duties and all charges and expenses. In all cases the duties must be paid or secured at the rates applicable at the time of abandonment. Art, 811. Notice of sale—Catalogues.—A brief notice of the time and place of such sale will be given for three successive weeks immediately preceding the sale in two newspapers of extensive circulation published at the port, to be selected by the collector and authorized on Customs Form 3055. Before payment is made all newspaper bills for adver- tising must be submitted to the Secretary of the Treasury for approval, on Customs Form 3057, together with the letter of authorization and a copy of each issue of the paper in which the advertisement appeared. If the collector shall be satisfied that the proceeds of such sale will not be sufficient to pay the expenses and duties, a written or printed notice of the sale, in lieu of such advertisement, shall be conspicuously posted in the customhouse and, if deemed necessary, at some other proper place for three weeks, as aforesaid. Such notice will designate the place where catalogues may be ob- tained, and reasonable opportunity will be afforded per- sons desirous of purchasing to inspect the merchandise. Such catalogues will specify the marks, numbers and description of packages, and their contents, including the quantity of each article, and the appraised foreign value DISPOSITION OF UNCLAIMED MERCHANDISE, thereof at the date of exportation, and also the appraised actual market value at the time and place of the examina- tion of the merchandise. The catalogues will be distrib- uted at the sale, and announcement made that the Gov- ernment does not guarantee quality or value and that no allowance will be made for any deficiency found after sale. When the name and address of the consignee can be ascertained from the manifest of the importing vessel, or otherwise, notice of the date of sale should be mailed him. When unclaimed merchandise is consigned to “Order,” or no consignee is given in the manifest, col- lectors should, where practicable, notify the shipper or his representative of the date when the goods are to be sold. Art. 812. Record of sale—The officer in charge of the sale will keep a correct account thereof, specifying the marks, numbers, description of packages, their contents, quantity, and appraised value, the name of the vessel in which imported, the date of importation, the: port whence imported, the name of the person or persons to whom consigned on the manifest, the name of the pur- chaser, and the amount for which each lot was sold. Art. 813. Naval office record—The naval officer, if any, will detail a clerk to attend such sales, who will keep a record thereof as a basis for settlement of the accounts of the collector. Art. 814, Auctioneer—Expenses of sale-——The duties of the auctioneer will be confined to selling the merchandise and his charge for such service shall in no case exceed the usual commissions at the port. Such commissions shall be allowed only on the gross sum actually realized on the sale. Accounts for the auctioneer’s charges and all other expenses of sale which may have accrued, properly chargeable on the merchandise, must be presented to the collector for payment within 10 days from the date of sale. Such expenses must be apportioned pro rata on the amounts received for the different lots sold. Art. 815. Payment for and delivery of merchandise.—Im- mediately at the close of the sale the auctioneer will give each purchaser a bill, on Customs Form 3661, and will also make up an account on Customs Form 4981 of the merchandise sold to each purchaser, which account will be presented to the officer in charge of the sale, who will 393 T. D, 18119. 394 DISPOSITION OF UNCLAIMED MERCHANDISE. prepare a permit on Customs Form 3739 for the delivery of the merchandise. This permit will be presented to the cashier and payment made for the merchandise pur- chased. The cashier will stamp the bill and permit “Paid,” and the permit will be signed by representatives of the collector and naval officer, if any. On the presen- tation of the permit thus stamped and signed to the proper officer the merchandise will be delivered. In all cases where the sale can not be adjusted at once the gross proceeds should be deposited as a special deposit to the collector’s official credit, from which disbursements may be made and the surplus or net proceeds transferred to the credit of the Treasurer of the United States. ange’ 18681, Art. 816. Payment of charges—Warehouse merchandise.— From the proceeds of sales of merchandise remaining in warehouse beyond three years the following charges will be paid, in the order named: First. Expenses of advertisement and sale. Second. Duties at the same rates as if the merchan- dise ‘had been regularly withdrawn for consumption. Third. Any other charges due the United States in connection with the merchandise. Fourth. Any sum due for freight charges, or contribu- tions in general average, of which due notice shall have. been given in the manner prescribed by law. Fifth. Storage and other charges for which the mer- chandise may be liable. In case of merchandise warehoused in public store, the storage and labor due thereon will be paid from the proceeds next after the expenses of sale. oie ee Art. 817. Payment of charges—Unclaimed merchandise.— The charges against the proceeds of sale of unclaimed merchandise will be paid in the order specified in the preceding article, except that cartage and storage in bonded warehouses will take priority next after ex- penses of sale. The duties chargeable on such merchandise will be assessed on the dutiable value found on appraisement at the rate of duty chargeable at the time of such sale. sone 83,2972 Art. 818. Surplus.—The balance of the proceeds after payment of the charges specified in articles 816 and 817 will be paid by the collector to the owner, importer, con- signee, or agent of the merchandise, and proper receipts DISPOSITION OF UNCLAIMED MERCHANDISE. taken, provided the proceeds have not been covered into the Treasury. If such proceeds have been covered into the Treasury, application therefor must be made direct by the claim- ant to the Auditor for the Treasury Department. Art. 819. Deficit—Should the proceeds of the sale of merchandise in warehouses beyond three years be insuffi- * cient to pay the duties, after payment of all charges hav- ing priority, the balance will be collected upon the ware- house bond, by suit, if necessary. Where the proceeds of sale of unclaimed merchandise are insufficient to pay the charges and duties, the consig- nees are liable for such duties. Merchandise for which no entry has been made, and no claim advanced thereto, ‘should be regarded as shipped to the consignee without his consent, and no effort should be made to collect from such consignee any balance of duties due. Art. 820. Merchandise remaining unsold—Of no commer- cial value—Merchandise remaining unsold shall be in- cluded in the next regular sale of unclaimed and aban- doned merchandise. If, however, in the opinion of the collector, such merchandise is unsalable, or of no commer- cial value, it should be destroyed, and that fact noted in the collector’s report, on Customs Form 4979, to the Au- ditor for the Treasury Department. Art. 821. Net proceeds—How accounted for.—The col- lector will deduct the expenses from the proceeds of sale of unclaimed and abandoned merchandise, and credit the United States in customs accounts with the net proceeds thereof, divided under the following heads: Duties received from sale of merchandise in warehouse over three years. Surplus received from sale of merchandise in ware- house over three years. Duties received from sale of unclaimed merchandise. Surplus received from sale of unclaimed merchandise. Art. 822. Report to the Auditor for the Treasury Depart- ment.—Collectors for nonnaval office districts will trans- mit a copy of the inventory, appraisement, and account of sales (Customs Forms 4979 and 4983) to the Auditor for the Treasury Department, specifying the marks, numbers. description of packages, their contents, and, in cases where surplus accrues, the name of the person or persons to whom said goods were consigned on the manifest; the 395 R. 8., 2974. 396 DISPOSITION OF UNCLAIMED MERCHANDISE. amount for which each lot was sold, and the duties and charges to which the several consignments of merchan- dise were respectively subject. In naval office districts such detailed report will be made only by lots where a surplus accrues; the remaining lots will be included in one item, showing the number of -lots, total amount sold for, with duties and charges (Cus- toms Form 4973). CHAPTER XVII. CARTAGE AND LIGHTERAGE. Art. Art. 823. Classes of cartage. 830. Receipts. 824. Government cartage. 831. Discrepancies. 825. Importers’ cartage. 832. Inability to deliver merchandise. 826. Licensed vehicles and lighters. 883. Supervision of cartage and light- 827. Designation of cartman or lighter- erage. man. 834. Suspension of cartman or light- 828. Tickets. erman. 829. Liability. 835. Loss or detention of bonded goods. Art. 823. Classes of cartage——The cartage of merchan- dise in customs custody is of two kinds—‘ Government cartage,” which must be done by a licensed customhouse cartman under contract or appointment for that purpose, and “Importers’ cartage,” which may be done by any licensed customhouse cartman. Art. 824. Government cartage——The cartage of pack- |, ages designated for examination at the appraiser’s stores cen shall be done by a cartman under contract for that pur-, Act June 22, 874, sec. 25. 20 Op. Atty. 8769, 29346" " on60, pose. Such contract shall be let annually after not less 38306, 33534, than 30 days’ notice by publication in one or more news- papers, or otherwise, if the department shall so direct. Bids for such cartage will be submitted direct to the department, by which the contract will be let to the lowest responsible bidder upon a bond being given in a sum to be fixed by the Secretary of the Treasury for the faithful performance of such contract. Such contract cartman must be licensed as a customs cartman. The cartage will be paid by the Government through the col- lector of customs for the district in which the service is rendered. Merchandise entered on appraisement orders and mer- chandise taken possession of by the collector by reason of incomplete entry, or entry without specification of partic- ulars, shall be conveyed under such contract to the place designated by the collector for appraisement, at the ex- pense of the importer. 397 398 R. S., 2965. CARTAGE AND LIGHTERAGE, Unclaimed merchandise will be carted to the public stores or bonded warehouse by cartmen appointed by the collector or under special contract for that purpose, and if by contract, bond will be required for the faithful per- formance of the work. The cost of such cartage must not exceed the regular commercial rates for like services and will not be paid by the Government, but will be charged against the merchandise and collected on delivery or paid from the proceeds of sale. If the proceeds should not be sufficient to pay such cartage it will be paid from the appropriation “ Collecting the revenue from customs.” Seized merchandise will be delivered to the custody of the collector by the most practicable means available to the seizing officer. Art. 825. Importers’ cartage—Any cartman licensed by the city authorities, and producing evidence of good moral character, may, upon presenting his license, be licensed as a customhouse cartman. The collector may also appoint and license any im- porter as a customhouse cartman for the purpose of carting his imported merchandise. Any licensed customs cartman may transfer merchan- dise, at the expense of the importer or party in interest, from the importing vessel or other conveyance to bonded warehouse, from one vessel or conveyance to another, from one bonded warehouse to another, from the public stores to bonded warehouse, from warehouse for trans- portation or for exportation, and merchandise exported under the internal-revenue laws without payment of tax. If an importer does not cart his merchandise, or desig- nate a licensed customs cartman for the purpose, it must be carted by the cartman authorized by contract or ap- pointed by the collector; the cost thereof to be paid by the importer or owner of the merchandise before its re- lease from customs custody. Nothing in this article shall apply to the cartage of examination packages to the appraiser’s stores. Art. 826. Licensed vehicles and lighters.—Customs cart- age licenses will be issued for terms of one year, on Cus- toms Form 3857. Before issuing a customhouse license tc any cartman the collector will require such cartman to take the oath required by section 1757 of the Revised Statutes, and to execute a bond in the sum of $5,000, on Customs Form 3855. Such bond and oath will also be CARTAGE AND LIGHTERAGE. required of the contractors and appointees for the Gov- ernment cartage. All licensed carts, trucks, or drays must be conspicu- ously marked with the words “Cusromuousr LicensE No. ,»” painted on the dashboard or front of such cart, truck, or dray. On every cart or other vehicle used by an importer in carting his own merchandise, in addition to the custom- house license number as above prescribed, there must be painted on the dashboard in black letters in straight lines upon a white background in square form the name of the person or firm owning or employing such cart or vehicle. All licensed barges, scows, and other lighters must be censpicuously marked with the words “CustomHouUsE License No. ,’ and in addition marked with the name of the party owning the same. Before issuing customhouse licenses for bonded light- ers or other such vessels, there must be presented to the collector the marine documents for said vessel, if any have been issued. Where several lighters are owned or controlled by a person, firm, or corporation, a general bond, covering all the lighters thus owned or controlled, may be executed, the amount of such general bond to be determined by the collector. Customs officers shall not deliver any bonded goods to carts or lighters not marked as herein required. Art. 827. Designation of cartman or lighterman.—Im- porters and exporters shall designate on the entry of bonded merchandise the bonded cartman or lighterman by whom they wish their merchandise to be conveyed, and such designation, the city number and the name of the owner of the designated cart or lighter, officially ini- tialed at the customhouse, shall appear on the back of the permit before it is delivered to the inspector or store- keeper. Art. 828. Tickets—Customs officers will furnish to every licensed vehicle or lighter to which they deliver merchandise a ticket to be signed by the customs officer who receives the merchandise. This ticket will designate the store, vessel, or place to which the merchandise must be taken, and will be in the form of a receipt, fully de- scribing the merchandise by marks and numbers. Such tickets will be furnished to inspectors and storekeepers in books (Customs Form 6048A or 6043B), and will be 399 400 CARTAGE AND LIGHTERAGE, made out in triplicate. One copy will be signed by the cartman or lighterman and retained in the book. Two copies will accompany the merchandise, one to be signed by the sending officer and retained by the receiving officer, and the other signed by the receiving officer and re- turned to the sending officer. Should the ticket not be returned to the customs officer issuing it, that officer will report the fact to the collector. These tickets must be numbered consecutively; and in case any number does not arrive at the store, vessel, or other designated place, the sending officer shall ascer- tain the ‘cause, and if there be any appearance of fraud, he shall advise the collector. Art. 829. Liability—The cartman or lighterman con- veying the merchandise shall be held liable under his bond for its prompt delivery in sound condition, unless otherwise noted on the ticket. Any negligence or care- lessness will be cause for revocation of the license of any person guilty of the same. Art. 830. Receipts——The licensed cartmen or lighter- man will give a receipt, on Customs Form 6047, to the express company, common carrier, importing steamship, or vessel for all packages or merchandise in bulk deliv- ered to them. Across the face of this receipt should be written in red ink the words “ Received in good order” or “ Received in bad order,” as the case may be. Art. 831. Discrepancies——Should a cartman’s ticket be returned to the sending officer by the receiving officer un- signed because of alleged discrepancy in quantity or for other reason, the sending officer will, as soon as possible, ascertain the facts and in case of disagreement between himself and the receiving officer he will report the facts to the surveyor, or to the collector if there be no surveyor. Art. 832. Inability to deliver merchandise.—Should the warehouse be closed or the warehouseman refuse to re- ceive it, the merchandise will be returned to the sending inspector or deposited in the public store for safekeeping, unless otherwise ordered by the collector. The cartman shall notify such inspector of his inability to deliver the merchandise and the reason therefor. The inspector will promptly report the facts to the surveyor, or the collector if there be no surveyor, for instructions. CARTAGE AND LIGHTERAGE, Art. 833. Supervision of cartage and lighterage——AIl licensed vehicles or lighters shall be subject to the control and direction of the officer having charge of the mer- chandise. The carts or lighters must be present to take the mer- chandise when the officer is ready to send it, otherwise, after waiting a reasonable time, he shall send the mer- chandise by any licensed cart or lighter available. Art. 834. Suspension of cartman or lighterman.—Inspec- tors or other officers of the customs may demand of any person claiming to be a customhouse cartman or lighter- man his license for inspection. If it is not produced, or if the carts or other vehicles are not marked as re- quired, or in case the cartman or lighterman refuses or neglects to obey any proper order of the inspector, or any order, rule, or regulation of the Treasury Department or of the collector or surveyor relative to the cartage or lighterage of merchandise, the cartman or lighterman guilty of any such refusal or neglect will be at once re- ported in writing by the inspector to the collector, who may suspend or revoke the license. Art. 835. Loss or detention of bonded goods.—Any loss or detention of bonded goods and any accident happening to a licensed vehicle or vessel while carrying the same, must be immediately reported by the cartman or lighter- man to the collector. 3180°—15——26 401 CHAPTER XVIII. DRAWBACK. MERCHANDISE EXPORTED IN CONDITION Art. 836. 837. 838. 839. 840. 841. 842. 843. 844. 845. 846. 847. 848. 849. 850. 851. 852. 853. 854. AS IMPORTED. Merchandise in warehouse. Merchandise entered for consump- tion. Original packages. Continuous custody. Drawback not allowable. Entry. Inspection and lading. Cording and sealing—Goods not’ found. Transportation in bond—Mani- fest. Certificate of exportation. Landing certificate—Bond for. Cancellation on collateral evi- ' dence. Cancellation on evidence of clear- ance, Completion of entry. Completion of entry after expira- tion of time limit. Ascertainment of drawback. Payment of drawback—Debenture certificate. Money for payment of drawback. Schedule of drawbacks paid. ARTICLES MANUFACTURED OR PRODUCED WHOLLY OR IN PART FROM IMPORTED MATERIALS, 855. 856. 857. 858. 859. 860. Drawback authorized. Product and by-product. To whom payable. Drawback rates—Application for. Notice of intent to export. Inspection and supervision of lading, ARTICLES MANUFACTURED OR PRODUCED WHOLLY OB IN PART FROM IMPORTED MATERIALS—continued. Art. 861. 862. 863. | , 864. 865. 866. 867. 868. 869. 870. 871. 872. 873. 874. 875. 876. | 977. 878. 879, 880 881. Failure to obtain actual inspec- tion and supervision of lading. Sampling, gauging, and weighing. Failure to comply with require- ment as to notice of intent. Merchandise shipped on through bills of lading. Diversion of shipments. Completion of drawback claims. Transportation and exportation with benefit of drawback. Manifest—T. and E. drawback shipments. : Certificates of exportation. Failure to obtain inspection at first port of shipment or port of exportation. Certificates of importation and extracts. Certificates of delivery of im- ported material. Certificate of manufacture and de- livery—Manufactured or partly manufactured articles or mate- rials. / Extracts from certificates of man- ufacture and delivery. Bills of lading. Landing certificates. Nonlanding certificates. Bags—Special requirements. Liquidation of drawback entries. Payment of drawback—Debenture certificates. Amendments to entries and no- tices of intent. 403 404 DRAWBACK, FLAVORING EXTRACTS, MEDICINAL OR | ARTICLES EXPORTED FREE OF INTERNAL- TOILET PREPARATIONS MANUFACTURED REVENUE TAX OR WITH REFUND OF FROM TAX-PAID DOMESTIC ALCOHOL. SAID TAX, Art. Art. 882. Drawback authorized. 887. Procedure. Aba: Diodes MAIL EXPORTATIONS. 888. Procedure. PROCEDURE AT PORTS OF ENTRY AND 885. Certificate on tax-paid alcohol and HEADQUARTERS PORTS. extracts from. 884. Manufacturing record. 889. Documents filed at ports of en- 886. Collector’s statement of draw- try—Drawback paid at head- back due, quarters ports. MERCHANDISE EXPORTED IN CONDITION AS IMPORTED. 30%, 3017,” + Art. 836. Merchandise in warehouse.—Merchandise upon which duties have been paid may remain in bonded ware- house at the expense and risk of the owners, and if ex- ported directly therefrom within three years shall be entitled to a drawback of 99 per cent of the duties paid. 8. 2977, Art. 837. Merchandise entered for consumption.—Mer- R. 3015, 3017, 3058, 8056. chandise upon which duties amounting to $50 or more 29640. “have been paid under a consumption entry, if exported directly from the uninterrupted custody of officers of the customs shall be entitled to drawback of 99 per cent of the regular duties paid. ai 78' 2ats Art, 838. Original packages.——No drawback shall be paid 3028, 3029.’ unless the merchandise shall be exported in the original packages in which imported (except as regards drugs, medicines, chemical preparations, unrefined sugars, and liquors), without diminution or change in quantity, quality, or value, unavoidable wastage or damage ex- cepted. Where articles are imported in bulk and placed in packages before landing they shall be exported in the same packages in which they were landed. R.S., oe Art. 839. Continuous custody.—No drawback shall be 16367, 39640. allowed on any merchandise after it has been removed from the custody and control of the Government prior to being laden for exportation, as such custody must be continuous and uninterrupted from time of importation to time of exportation. ce Merchandise which has been released to an importer under the bond prescribed by section 2899, Revised Stat- utes, and returned to the appraiser’s stores upon requisi- tion of the collector has not been in the continuous custody of customs officers. DRAWBACK. Merchandise which remains upon the wharf by per- mission of the collector is in customs custody. This custody ceases when the permit has been accepted by the customs officer in charge, and there is nothing further to be done by him in the way of measuring, weighing, gaug- ing, ete. Art. 840. Drawback not allowable.—No drawback of ad- 405 T. Ds. 6488, 6307, R. §., 3027. Act Oct. 3, ditional duty imposed for undervaluation, nor of dis- ee ae criminating duty, nor of customs duties paid on prepara- and pee. III, par. I. T. Ds. 11754, tions of opium deposited in bonded warehouses shall be 12178. allowed. Art. 841. Entry.—At least six hours before the lading of any merchandise on which drawback is claimed there shall be filed with the collector an entry in nue in the following form: Direct exportation. to be laden , with Entry of duty-paid merchandise deposited at by: , on the . for exportation to benefit of drawback, which merchandise was imported by at , in the , on the —— day of , 19—-, and has since remained in continuous custody of customs officers. Port oF _—. Marks snes . Description of merchan- . Duty a ae dise and packages. Quantity.) Value. paid. Remarks. Exporter. Where the merchandise is to be transported before exportation, the entry shall be filed in triplicate and name the transporting vessel or conveyance, the route, and the port of exit. One copy of this entry shall be forwarded to the collector at the port of exportation. Art. 842. Inspection and lading.—If the customs records shall show that the party filing the entry has the right to export the merchandise, such merchandise shall be identified and laden under customs supervision. Art. 843. Cording and sealing—Goods not found.—The storekeeper or other officer having the merchandise in charge shall, when so directed, cord, seal, or brand the same before delivery for exportation. T. D. 11462, 406 DRAWBACK. Where the merchandise is not laden under customs’ supervision, the inspector shall report the reason for the failure therefor. Art, 844, Transportation in bond—Manifest.—Merchan- dise entered for transportation and exportation must be shipped only by a bonded line under the regula- tions for transportation in bond. A manifest in trip- licate of the merchandise laden! on each vessel or con- veyance must be prepared by the shipper, signed by the master or agent of the transporting vessel, car or line, certified by the proper customs officer, and one copy given to such master or agent for delivery to the collector at the port of exportation. One copy shall be mailed by the inspecting officer to the collector at the port of exporta- tion and one copy returned to the collector with the copy of the entry. In case the route is such that a transship- ment is required, a fourth copy of the manifest must be prepared and certified as above required, to be immedi- ately mailed to the customs officer at the place of trans- shipment, who will supervise the transshipment, compare the goods with the manifest, indorse his action on the manifest and on the conductor’s manifest accompanying the merchandise, and retain the quadruplicate manifest as a record of his action. Such manifest shall be in form as follows, and shall be printed on white paper contain- ing a broad red stripe or bar, as in the case of merchan- dise transported in bond: Manifest of duty-paid merchandise laden under drawback entry No. . to be transported in from to and to be exported thence to » with benefit of drawback. Marks be and ree oe Quantity.| Value. Exporter. Consignee, (To be signed by the master, conductor, or agent of transportation company.) Port oF 7 ,—. I certify that the merchandise described above was laden under my supervision, on the » Specified # Lading Officer. 1State whether corded, sealed, or bonded, or whether conveyance was fastened or sealed. DRAWBACK. 407 Art. 845. Certificate of exportation—On receipt of the copy of the entry, and on being notified by the party claim- ing drawback, or the consignee or agent of such party, who shall teclenate the vessel or conveyance by which it is to be exported, the collector of the port of final exportation shall examine such merchandise, and if he finds it to be without change or dimunition shall note the shipment, or superintend the transshipment of the same. The exporting vessel or conveyance having been cleared, the collector of the port shall issue and forward to the collector where the entry for drawback was filed a cer- tificate of exportation on Customs Form 4511. If the merchandise was exported without customs supervision, the certificate shall be on Customs Form 4515. Art. 846. Landing certificate—Bond for.—Before the 3043, 3 2 sold, 3648. clearance of the exporting vessel the exporter shall give bond, on Customs Form 3575, in a sum equal to double the amount of the drawback, for a certificate of landing of the merchandise outside the limits of the United States, which certificate shall contain the affidavits of the foreign consignee and of the master and mate of the exporting vessel verified before the American consul. The period named in the bond for the production of the proofs of delivery required shall be one year from date thereof, if the exportation be made to any part of Europe or America, or two years, if made to any part of Asia or Africa. Art. 847. Cancellation on collateral evidence.—In case of .,R: §, ,3044 loss by sea or by capture, or of other unavoidable acci- 7 P- 25031. dent, or when from the nature of the trade the proofs and certificates required can not be procured, such bond may be canceled on application to the Secretary of the Treasury. Art. 848. Cancellation on evidence of clearance-—Bonds_ B. So 3047, given on the exportation of merchandise from bonded 11516." warehouse for benefit of return duties, where the draw- back does not exceed $100, may be canceled by collectors of customs on the presentation of an outward bill of lading covering the exported merchandise and a duly authenticated certificate of clearance from the customs officer supervising the lading thereof. Where the penalty of the bond does not exceed $200, such bond may be canceled by the collector on presenta- tion of an outward bill of lading covering the exported 408 R. 8., 3035. R. S., 3037. T. Ds. 22523, 22530, 22838, 25933, 26001. DRAWBACK. merchandise, and by the authenticated certificate of clearance from the customs officer supervising the lading thereof. Art. 849, Completion of entry—Before the clearance of the exporting vessel, or within 10 days thereafter, the exporter shall complete the drawback entry by making declaration that the merchandise entered and laden for exportation is to be, or has been, exported as in such entry stated, and is not to be consumed or relanded in the United States. Such declaration shall be in form as follows: I, (exporter or one of the firm), , do solemnly and truly declare that the merchandise described in the within entry was duly entered at the customhouse on arrival at this port; that the duties thereon have been paid as specified in this entry; and that it is truly to be exported by me to on the (vessel or conveyance) and is not to be con- sumed or relanded within the limits of the United States. I fur- ther declare that to the best of my knowledge and belief the said merchandise is the same in quantity, quality, value, and package, unavoidable wastage and damage excepted, as at the time of importation; that no allowance nor reduction of duties has been made for damage or other cause except as in this entry specified, and that no part of the duties paid has been refunded by way of drawback or otherwise. , Haeporter. Declared before me this day of Art. 850. Completion of entry after expiration of time limit— Whenever an exporter shall not have completed such drawback entry, by making the declaration or giv- ing the bond required within the period prescribed by law, but shall offer to complete the entry after the ex- piration of that period, application may be made to the Secretary of the Treasury for authority to complete the entry, setting forth the cause of his omission, under oath, and accompanied by a statement from the collector of the circumstances attending the transaction. Art. 851. Ascertainment of drawback—The drawback entry having been completed, and the required bond exe- cuted, the reports of inspection and lading having been made, and the clearance of exporting vessel or convey- ance having been shown by record of clearance in case of direct exportation, or by certificate, in case of trans- portation and exportation, the collector with whom such entry and proofs are lodged shall verify the facts of im- portation by reference to the records in his office, and DRAWBACK. ascertain the amount of duty paid on the merchandise exported. No drawback shall be paid until the import entry cov- ering the merchandise shall have been liquidated, and such liquidation made final by operation of law or acceptance by importer. Art. 852. Payment of drawback—Debenture certificate. The amount of duty paid on the exported merchandise having been ascertained, the collector shall issue a deben- ture certificate on Customs Form 4487 for 99 per cent thereof, made payable to the order of the exporter or to the order of the importer of the merchandise in case the exporter shall in writing so direct. Such certificate, made payable 15 days after the sign- ing of the bond, may be delivered to the party to whose order it is drawn 15 days after the clearance of the ex- porting vessel or conveyance. Art. 853. Money for payment of drawback.—Collectors shall forward to the Secretary of the Treasury monthly estimates necessary for the payment of debenture certifi- cates. The sum so remitted shall be credited by the collector, as disbursing agent, in his monthly account of receipts and disbursements, and the amount paid on drawback certificates shall be charged in the same account. Art. 854. Schedule of drawbacks paid.—Collectors will, at the close of each month transmit to the Secretary of the Treasury and the Auditor for the Treasury Depart- ment a schedule of drawbacks paid during such month on Customs Form 5011 at nonnaval office ports and on Customs Form 5018 at naval office ports. ARTICLES MANUFACTURED OR PRODUCED WHOLLY OR IN PART FROM IMPORTED MATERIALS. Art. 855. Drawback authorized—Under paragraph O of section LV, of the tariff act of October 3, 1913, a drawback is allowable on the exportation of articles manufactured or produced in the United States wholly or in part from imported materials equal in amount to 99 per cent of the duties paid on the imported materials used. This provi- sion applies to materials used in the construction and equipment of vessels built for foreign account and own- ership, or for the government of any foreign country. 409 R. §., 3038. T. Ds. 32710 33227, p. 316. T. Ds, 31695 33809. 410 DRAWBACK. No drawback of additional duty imposed for under- valuation or of discriminating duty shall be allowed. 198, ces’ yw Art. 856, Product and by-product—Where a principal par 9. sago9, Product and a by-product result from the manipulation of imported material, the proportion of the drawback distributed to such by-product shall not exceed the duty assessable under the said tariff act of October 3, 1913, on a similar by-product of foreign origin when imported into the United States from the country from which the imported material used was imported. Where a by-product results from the manipulation of imported material and no duty is assessable on a similar by-product of foreign origin, no drawback is allowable on the by-product produced from the imported material. In such a case a drawback equal in amount to the duties paid on the imported material used in the production of both the principal product and the by-product, less the legal deduction of 1 per cent, is allowable on the prin- cipal product when exported. Art. 857. To whom payable——The drawback is payable to the manufacturer, producer, or exporter, his agent, or to the person to whom such manufacturer, producer, ex- porter, or agent shall, in writing, direct such drawback to be paid. The party named as shipper or consignor in the bill of lading under which domestic merchandise is exported shall be held to be the exporter of such merchandise, pro- vided, however, that whenever the manufacturer or pro- ducer of articles entitled on exportation to drawback shall, on the sale or consignment of such articles, have re- served to himself the right to claim drawback, he or his agent may make entry for such drawback, which shall be paid on satisfactory evidence that such reservation was made with the knowledge and consent of the exporter. Art. 858. Drawback rates—Application for.—A-pplica- tions for the establishment of rates of drawbacks shall be made to the Secretary of the Treasury, and shall con- tain a detailed statement, verified by oath-or affirmation, showing the name of the manufacturer, place of manu- facture, kinds of articles manufactured, the kinds and quantities of imported materials used in the production of each particular article, the wastage, if any, and its value, and the process of manufacture, whether exporta- tions of the article on which drawback is sought have previously been made, the approximate date at which it DRAWBACK. is intended that future exportations will be made, and the probable volume of such exportations. Where manufactured articles shall have been exported subsequent to the receipt by the department of the ap- plication for the rate, but prior to the establishment of such rate, the liquidation of the entry and payment of the drawback may be authorized upon application to the Secretary of the Treasury through the collector of customs at the port where the entry for drawback was filed, provided that in the exportation of such articles the requirements of timely notice, inspection, supervision of lading, etc., were complied with. In forwarding such applications, collectors of customs shall report fully as to compliance with the requirements above mentioned. Entries shall not be liquidated and the drawback paid on any exportation until the rate has been established. Art. 859. Notice of intent to export—aAt least six hours before lading of articles entitled to drawback, the party” claiming such drawback shall file with the collector a notice of intent to export with benefit of drawback in duplicate and in the following form: Notice of intent to export domestic manufactures with benefit of drawback—Direct exportation. No. ——. Port or . ,» LI—. Descrip- | Where | ty . , s 4 ported materials or parts on which Marks, | Packages. |tion ofmer-) depos- drawback is claimed. The merchandise herein described is to be Jaden on the - for exportation to , and not to be relanded in, nor returned to, the United States; and according to the best of my knowledge and belief, such merchandise has not been in use and is entitled, on exportation, to a drawback of duties paid on the imported materials used in its manufacture. » Exporter or Agent. Inspector's certificate. I certify that I have inspected the packages bearing the marks and numbers as described in the annexed notice of intent to export and find the same to be as follows: ; and that 411 T. D. 31695, T. D. 32023. 412 DRAWBACK, the same have been laden under my supervision on board the for . Date and hour of receipt, Date or dates of examination and lading, Inspector. or I certify that the packages bearing the marks and numbers as described in the annexed notice of intent to export were not inspected by me nor laden under my supervision, the failure to inspect being due to , but that the records of the show that the packages as described were laden on the on the for Inspector. On receipt and acceptance at the customhouse of the notices of intent to export, the collector shall note thereon the date and hour of receipt and transmit one copy to the surveyor with the order to inspect and the other to the naval officer. At the ports where there is no naval officer the duplicate copy shall be transmitted to the Auditor for the Treasury Department after the return of the customs inspector has been entered thereon. A copy of the notice of intent to export in substan- tially the form provided shall, at the time the goods are deposited at the place of lading for exportation, be de- livered by the exporter or his agent to the customs in- spector in charge of such place. When requested, receipts for such notices of intent to export shall be signed by inspecting officers, provided such receipts are prepared by the parties desiring the same and are submitted to such officers with the notices of intent to export. Art. 860. Inspection and supervision of lading.—Upon receipt of the copy of the notice of intent to export ac- companying the goods, or if this has not been received upon receipt of the copy transmitted by the collector, the inspecting officer shall proceed to identify the packages and shall supervise the lading thereof on board the ex- porting vessel or conveyance. The inspector shall enter on the copies of the notices of intent to export received by him the date and hour of their receipt and of the lading, and shall certify thereon as to inspection and lading, and shall return all such notices of intent to export to the collector. When no portion of the merchandise covered by a notice of intent to export is laden within 90 days from. DRAWBACK. the date of receipt of such notice by the inspector, or the entire quantity of merchandise is not laden within that period, he shall return the notice to the collector, with a report of all the facts relative thereto. If the lading is begun within 90 days and is in progress at the expiration of that period, the notice shall be retained by the in- spector until the lading has been completed, provided such lading is not discontinued. Art. 861. Failure to obtain actual inspection and super- vision of lading.—Whenever the inspecting officer is un- able to certify to the actual inspection and lading of the merchandise he shall, in making his return, state the reason therefor, and shall, after the vessel or cars have cleared, examine the records of the exporting steamship or transportation lines for the purpose of verifying the particulars stated in the notices of intent to export and make his certificate accordingly. The certificate of the inspector shall be accepted as suf- ficient evidence of lading, and if timely notices of intent were filed with the collector or with such inspector in ac- cordance with article 859, the drawback will be allowed, provided the regulations were otherwise complied with. Art. 862. Sampling, gauging, and weighing.—Official in- spection, sampling, and ascertainment of quantity being essential requirements in the administration of the draw- back law, exporters must in all cases provide the requisite opportunity and facilities for the same. Merchandise subject to examination by sample shall, when practicable, be sampled at the place of-deposit for lading and after it has been placed in the custody of the exporting vessel or line. When the merchandise is to be exported in packages it may be sampled by taking from such pack- ages the requisite samples and replacing them by like articles furnished by the shipper for that purpose. Pack- ages opened by customs officers for purposes of inspection or sampling after the same have been placed in the cus- tody of the exporting vessel or line shall, on the request of the proper representatives of such vessel or line, be marked so as to denote that the packages were opened for the purpose of official examination. Collectors shall give general instructions to inspectors respecting drawback goods which require gauging or weighing, in order that in event such gauging or weigh- 413 T. D. 32023, 414 T. D, 33231. DRAWBACK, ing is not obtained under the copy of the notice of intent to export filed at the customhouse, the inspector may obtain the same under the copy filed with him at the time the goods are deposited at the place of lading. Art. 863. Failure to comply with requirement as to notice of intent—The failure to file the copy of the notice of intent to export with the inspector at the time the goods are delivered for lading will not bar the allowance of drawback where the duplicate copies of such notice were filed with the collector at least six hours before lading, nor will drawback be denied on account of failure to file such copies with the collector before lading where the copy was filed with the inspector prior to lading, pro- vided: that the collector is satisfied that the failure to file the notice of intent was not for the purpose of evading customs inspection, sampling, weighing, or gauging. Art. 864. Merchandise shipped on through bills of lad- ing.—When merchandise shipped from some interior point to its foreign destination is entered for drawback at the port of final exportation, the notice of intent to export, in addition to the other requirements provided, must name the transportation line by which the mer- chandise is to be delivered at the place of deposit for inspection and lading, and describe, by name of shipper and date or number, the bill or bills of lading under which the merchandise is to be shipped. Art. 865. Diversion of shipments—Whenever for any reason the merchandise is not laden on the vessel origi- nally specified, but is to be laden on another vessel, notice of the change must be given to the collector or the in- spector before lading in ample time to secure inspection. If such notice is given to the collector, he shall promptly advise the inspector thereof. The inspector upon re- ceiving this notice shall inspect and supervise the lading of the goods and make due certification, unless the goods by reason of the change in the place of lading be trans- ferred to another district or place not under his super- vision, in which event he shall, if practicable, promptly transmit the notices of intent to the inspector at the new place of lading. Art. 866. Completion of drawback claims.—Within one year after the clearance of the exporting vessel or con- veyance there shall be filed with the collector at the port ~ DRAWBACK. where the notices of intent were deposited a drawback entry in duplicate in the form following, which entry may include several shipments covered by notices of intent. Drawback entry. Port oF 5 , 19—. Entry for drawback on merchandise exported under notices of intent to export filed by , said notices and the mer- chandise covered thereby being particularly set forth here below, together with the imported material and the quantity thereof used in the manufacture of such merchandise, drawback being claimed under T,. D. Destina- Quan- By Material No. of | Export- | Date of | “tion of | Marks | tityand| whom | _on which noticens ea See merchan- niet descrip- | manu- | drawback is e ‘ ‘ dise. ‘| tion. |factured.| claimed. Declaration of exportation. 1; ‘(member of firm, officer representing corpora- tion, agent, or attorney), , do solemnly and truly declare that the merchandise described above (or in the annexed entry), according to the best of my knowledge and belief, was manufac- tured from the materials stated in the certificate of manufacture forming part of this entry (or, certificate of manufacture of , No. , dated , on file at *), on which the duties chargeable by law were paid without allowance or deduction for damage or other cause except as noted; that no part of the duties paid has been heretofore refunded by way of draw- back or otherwise; that the particulars of exportation, etc., above stated are correct; and that such merchandise Is not to be re- landed in nor returned to the United States.’ - ? Exporter or Agent. , 19—. Declared before me this day of Notary Public or Deputy Collector. 1 Where a certificate of manufacture is on file covering the articles on which drawback is claimed, reference may be made thereto in lieu of the manufacturer’s certificate in the entry. 2 Whenever the drawback entry is made by the manufacturer or his agent, he shall also declare that the right to the drawback claimed has been reserved with the knowledge and consent of the exporter, 415 416 T. D. 33605. T. D. 32708. DRAWBACK. CERTIFICATE OF MANUFACTURE. Imported materials used in the manufacture of the above-described articles. ale la |itele|z la lel¢ l.la 38 a. r 2 2 3 ae 2 Bia 8 a ae. |sb| 83 aie | # |°s [2h] 35/2) Bae |. Be Vee [lg | 8 aes eel pe 5 ags|.8| es | oc] a]: g |£3./88) FE} 5] 2 Beers | lel el al a jase | | 8] om 5 3 A Sls ip |2iel|ele levcie te lele@ We, ——— ———, proprietor,’ and = —, foreman, do solemnly and truly declare that the articles described above were manufactured on or about , by » at ——— ———., of the kind and quantity of imported material above particularly set forth® (on which the duties stated were paid), and in accordance with the sworn statement dated —, on file at ———_; that such articles have not been in use; and that a true account of all imported materials and of all articles manufactured therefrom for export is kept at such place or factory, and that such account is at all times open to the inspection of officers of the customs, Pate. Proprietor. Foreman. Declared before me this —— day of ———,, 19—. Notary Public. Where the failure to complete the entry within the year provided is shown to be due to accident, inadver- tence, or other good cause, the Department will grant, upon application and proper showing, a further exten- sion of six months. Claims not completed within one 1Columns “ Value at the factory,” ‘“ Quantity of waste, if any,’ and “ Value of waste” of the imported materials are to be filled in only when necessary for liquidation of the drawback entry. T. D. 33605. 2In the case of a corporation the declaration of the properietor shall be made by the party authorized to represent such corporation, and as evi- dence thereof the following documents shall be filed: A copy of the articles of incorporation or charter. An extract from that portion of the by-laws which shall show the governing body of the corporation. A resolution of the governing body specifically authorizing each party by name to sign for the corporation. These documents shall be certified to by the secretary of the corpora- tion before a notary public or other officer having a seal, and a certi- ficate issued by the collector at the port where such documents have been filed shall be accepted at other ports, The submission of these documents as evidence of authority may be waived, however, when the certificate is signed by the president or vice president of the corporation. T. D. 32708. 31f the materials used were imported by the manufacturer his declara- tion shall state that the duties were paid, etc. DRAWBACK. year from the date of clearance of the exporting vessel or conveyance; or, if an extension of six months is granted by the Department, within that further period, will be treated as abandoned, and no further extension granted for any cause. A drawback entry is complete when all documents necessary to the liquidation thereof are filed in the col- lector’s office. Art. 867. Transportation and exportation with benefit of drawback.—Articles of domestic manufacture which are to be transported either coastwise or inland from one port to another, to be exported thence, may be éntered for drawback at the port of original shipment. Notices of intent shall be filed as in the case of direct exportation, in the following form. One copy shall be de- livered to the inspector and three copies filed at the customhouse, one of which will at once be forwarded to the collector at the port of exportation. Notice of intent to export domestic merchandise with benefit of drawback—Transportation and exportation. Port or - , 19—. No. ro Imported mate- Marks. Packages. oe eee Where deposited. eee paris ob back is claimed. The merchandise herein described is to be laden on the for transportation to and exportation thence to - and not to be relanded in nor returned to the United States, and according to the best of my knowledge and belief such merchan- dise has not been in use and is entitled, on exportation, to a drawback of duties paid on the imported materials used in its manufacture. ’ Eaporter or Agent. (Inspector’s certificate as in case of direct exportation.) Art. 868. Manifest—T, and E. drawback shipments.—A manifest in triplicate of the merchandise so laden on each vessel or conveyance must be prepared by the ship- per, signed by the master or the agent of the transporting vessel, car, or line, certified by the proper customs officer, 3180°—15——27 417 418 DRAWBACK, and one copy given to such master or agent for delivery to the collector at the port of exportation. One copy shall be mailed by the inspecting officer to the collector at the port of exportation and one copy returned to the collec- tor with the copies of the notice of intent. In case the route is such that a transshipment is required, a fourth copy of the manifest must be prepared and certified, as above required, by the officer who supervises the lading, and be immediately mailed to the customs officer at the place of transshipment, who will supervise the transship- ment, comparing the goods with the manifest, indorse his action onthe manifest and on the conductor’s manifest accompanying the merchandise, and retain the quadrupli- cate manifest as a record of his action. Such manifest shall be in form as follows and shall be printed on white paper containing a bright red stripe or bar as in the case of merchandise transported in bond: Port oF . 19—. Notice of intent No. Manifest of articles of domestic manufacture to be transported , from to . and to be exported thence to , With benefit of drawback. in Descrip- y ge 5 eee earn esata |p eeperia | Ute Collector a notify (To be signed by the master, conductor, or agent of the transportation company.) Port oF . » 19—. I certify that the within manifest is correct and the merchan- dise described has been laden under my supervision on board + ‘. Inspector. The lading and inspection shall be made under the special regulations governing shipments in bond for ex- portation or transportation. Art. 869. Certificates of exportation.—On receipt of the copy of the notice of intent to export and on being noti- fied of the arrival of the merchandise by the party claim- 1 State whether corded, branded, and sealed or whether car is fastened or sealed. DRAWBACK. ing drawback, or the consignee or agent of such party, who shall designate the vessel or conveyance by which it is to be exported, the collector of the port of final ex- portation shall examine such merchandise, and if he finds it to be without change or diminution shall note the ship- ment or superintend the transshipment of the same. The exporting vessel or conveyance having been cleared, the collector of the port shall issue and forward to the collector of the port where the notice of intent to export was filed a certificate of exportation, which certificate shall be in Customs Form No. 4511, or if the merchandise was exported without customs supervision the certificate shall be on Customs Form 4515. Where the merchandise covered by a T. and E. notice of intent is not exported within 90 days from the date of receipt of such notice, or if for any other reason certifi- cate of exportation covering the merchandise can not be issued either on Customs Form 4511 or 4515, the collector of customs at the frontier port shall so notify the col- lector at the port of shipment, giving the facts in such case. Art, 870. Failure to obtain inspection at first port of ship- ment or port of exportation—Where merchandise is in- spected and laden under official supervision at one port for transportation to and exportation at another port, failure to obtain inspection at the latter port will not be a bar to the allowance of drawback. In such cases the certificate of exportation showing the facts disclosed by the records of the transportation line, together with the landing certificate, where such is required, shall be ac- cepted as sufficient evidence of the exportation of the merchandise. Nor will the failure to obtain inspection at the first port be a bar to the allowance of drawback where the merchandise is inspected at the port of ex- portation and a certificate of exportation is received from the collector at that port. Art. 871. Certificates of importation and extracts—In case the importer of material used or to be used in the manufacture of articles exported or to be exported with benefit of drawback from some port other than the port of importation, or the party to whom the delivery of such material has been certified, shall, in writing, request the collector of the port at which such material was im- ported to grant a certificate of importation and payment 419 420 T. D. 31685. DRAWBACK. cf duty, such collector shall issue and transmit to the collector at the port named such certificate, which shall be on Customs Form 4507 (for naval office ports) or 4509 (for nonnaval office ports). In case of articles manufactured from metals with- drawn from bonded smelting and refining establishments the collector at port of withdrawal shall issue, in lieu of certificates of importation, certificates showing date of withdrawal, date of entry, party making same, quan- tity and character of metal, and rate and amount of duty paid. Should any portion of the material described in the certificate be used in the manufacture of articles exported from a port other than that at which it is on file, the collector holding the certificate shall, on proper written request, issue an extract for use at such other port and transmit it to the collector at that port. Such extract shall be on Customs Form 4513. Certificates of importation shall not be issued until the import entry covering the merchandise to be certified shall have been liquidated and such liquidation made final by operation of law or acceptance by the importer. Such certificates and extracts therefrom must name the party to whom delivery has been certified in case a cer- tificate of delivery has been filed with the collector issu- ing such certificates or extracts. Art. 872. Certificates of delivery of imported material._— In case the materials used in the manufacture of articles exported with benefit of drawback were not imported by the manufacturer of such articles, no drawback of the duties paid thereon shall be allowed until there shall be filed with the collector where drawback entry is made a certificate of delivery of the materials to such manufac- turer, and reference may be made to this certificate by the manufacturer in his certificate of manufacture in lieu of particulars of importation. A certificate or official evidence of the existence of a certificate filed at another port, made under oath, fully describing the materials delivered, and tracing such ma- terials from the custody of the importer to the custody of the manufacturer, shall be accepted as such proof of delivery, and shall be in form as follows: DRAWBACK. Certificate of delivery of imported merchandise PoRT OF i; , 19—. Descrip- | By tion of | whom | How | When | Whence : Rate merchan-| im- a im- im- vo Value. | of duty aires dise. |ported.| Ported. | ported. | ported. paid. I, (importer or one of the firm), , do solemnly swear that the merchandise herein described was im- ported as herein stated; that the duties were paid thereon, as herein shown, without allowance or deduction for damage or other cause, except as herein set forth; that the said merchandise has been delivered to , and that no other certificate of delivery covering the above merchandise has been issued by me. , Importer. Sworn to before me this —— day of , 19—. Notary Public. If materials are not delivered directly from the im- porter to the manufacturer, each intermediate transfer shall be noted on the certificate of delivery by an affidavit, of the party through whose possession the materials passed, which affidavit shall be in form as follows: I, , of the firm of , do solemnly swear that the merchandise described in the within certificate of delivery was received by me (or the said firm) from , and has been delivered to ———. Sworn to before me this day of , 19—. Notary Public. Where completely manufactured articles are purchased for exportation and the drawback is to be paid to such purchaser, the foilowing affidavit, subscribed to by him, shall be made a part of the drawback entry in lieu of the affidavit of proprietor and foreman prescribed under article 866. ; Ti , of the firm of , do solemnly and truly declare that the articles described above were manufactured by at , and that such articles have not been in use and are covered by manufacturer’s certificate No. , on file in the office of the collector of customs at Proprietor or Member of Firm. Declared to before me at this day of , 19—. Notary Public. 421 422 DRAWBACK, Art. 873. Certificate of manufacture and delivery—-Manu- factured or partly manufactured articles or materials Where the imported material used has passed through some process of manufacture before delivery and the partly or completely finished article is used in the manu- facture of some other article for exportation, or where completely manufactured articles are purchased for ex- portation without further manipulation, a certificate of manufacture and delivery shall be filed in form as fol- lows: Certificate of manufacture and delivery. , 19—. (Description of manufactured or partly manufactured articles and materials used in their manufacture, and manufacturer’s affiavit, all as in the form in article 866.) I, . of the firm of , do solemnly swear that the articles described in the within certificate of manufacture have been delivered to Sworn to before me this day of , 19—. Notary Public. Such certificates of manufacture and delivery will be required whether the drawback is claimed by the exporter or has been reserved by the manufacturer. Any intermediate transfer of such manufactured ar- ticles shall be certified as in the certificate provided in the preceding article, or by separate certificate in the fol- lowing form, or on the entry or other papers: Soon Description of articles. Quantity. sinireuia. I, , of the firm of , do solemnly swear that the merchandise described above was received by me (or the said firm) from , and has been delivered to s Sworn to before me this day of , 19—. Notary Public. (Identification of material and manufacturer's certificate as in the form in article 866.) In drawback entries covering the exported articles, reference may be made to such certificates in lieu of par- DRAWBACK. ticulars of importation and manufacturer’s certificate, except in cases where the articles or materials have been further manipulated before exportation, in which event such additional manufacturing steps must be covered by a proper certificate of manufacture. Art. 874, Extracts from certificates of manufacture and- delivery.—In case articles covered by a manufacturer’s certificate are exported from a port other than that at which such certificate is filed, the collector shall, at the request in writing of the party by whom it was filed, issue a certified extract therefrom for use at the port from which exportation is made. Such extract shall be transmitted to the collector of such port, and for the purpose of identification by reference may be used as an original certificate, and shall be on Customs Form 4537. Where the import data stated in a certificate of manu- facture is verified by the collector in issuing an extract for use at another port, from import records or certificate of importation on file at his port, no certificate of impor- tation or extract therefrom is required to accompany such extract from certificate of manufacture, but the collector shall state on the extract that such import data has been verified. Art. 875. Bills of lading.—At the time. of filing or before the liquidation of an entry for drawback, the party making such entry shall file with the collector with whom the entry is lodged a bill of lading issued by the proper representative of the exporting vessel, conveyance, or line, covering the merchandise described in the entry. The bill of lading must in all cases, excepting those in which the drawback is claimed by the manufacturer or producer or his agent, show that the merchandise was shipped by or on account of the party making the export entry, or must bear an indorsement of the party in whose name or on whose account the merchandise was shipped showing that the party making entry is author- ized to make it and to receive the drawback. The terms of the bill of lading may limit and define its use by de- claring it to be for customas purposes only and not negoti- able, and if a copy of the original bill of lading be filed it must bear the signature of the party issuing the same and an indorsement signed or checked by him showing that no other copy has been issued for customs purposes. When an original bill of lading is presented it must also 423 T. D. 32177. 424 T. D. 31695, art, 21. T. D, 32929, DRAWBACK. bear an indorsement that no copy of the same has been issued for customs purposes. If for any cause the party making the drawback entry can not produce the required bill of lading, he may, through the collector, submit to the Secretary of the Treasury a sworn statement showing cause of failure, with such proofs as may be had of exportation and of his right to make drawback entry. The collector transmitting such statements and proofs shall submit therewith his report and recommendations relative to the case. Art. 876. Landing certificates—Where the drawback exceeds $100 on any shipment exported by sea, or $25 where the exportation is by land, the party making entry for drawback shall, if the payment of drawback be de- sired before the production of the evidence of landing abroad hereinafter required, execute and deliver to the collector of customs a bond conditioned for the produc- tion of a landing certificate, which bond shall be on Customs Form 4483. If such bond is not given the pay- ment of drawback shall be suspended until the landing certificate is produced. Where the exportation is by sea and the drawback does not exceed $100 on an entry, and where the merchandise is exported by land and the drawback is not in excess of $25, no landing certificate is required. The certificate may be signed by the consignee, or by the foreign revenue officer, or by the vessel’s agent at the place of landing. When the certificate is signed by the consignee or by the vessel’s agent, it should be sworn to before a notary public or other officer administering oaths and having an official seal. It being a matter of election on the part of the party claiming drawback whether bond be given or the liqui- dation of the entry suspended until landing certificate is produced, such bond may be executed at any time within 18 months after the exportation of the articles on which drawback is claimed. ° Art. 877. Nonlanding certificates—In cases where draw- back goods are laden for exportation by sea on board a vessel subsequently touching at a domestic port, and the cargo or no part thereof is landed at the port of final clearance, the collector at such port shall, on the clear- ance of the vessel and the receipt of certified copies of DRAWBACK. notices of intent filed at the port of original shipment, forward to the collector at the port of shipment a certifi- cate that the goods were not landed thereat or a certifi- cate that no part of the cargo was so landed, which may be accepted in lieu of the certificate of exportation: Such nonlanding certificate will not be required where a for- eign landing certificate is produced or bond given for a landing certificate. Nonlanding certificate, as well as the certificate of ex- portation prescribed by article 845, being for the use of customs officers, shall be exempt from any customhouse fee. Art. 878. Bags—Special requirements.—Bags, whether empty or filled, entered for exportation with benefit of drawback must be plainly marked on the proper outside surface with the words “for drawback,” with a good grade of ink upon the side of the bag exhibiting the brand, in letters not less than 2 inches in height and of proportionate width. Whenever a manufacturer of bags shall plainly mark such bags with his trade-mark and with the words “right of drawback reserved,” such notice of reservation shall be held to be proof that the right of drawback was so reserved with the knowledge and consent of the exporter, and such manufacturer or his agent may make entry for and receive the drawback due on the exportation of such bags. Art, 879. Liquidation of drawback entries—No draw- back on materials used in the manufacture of exported articles shall be allowed until the import entries covering such materials shall have been liquidated and such liquidation shall have been made final by operation of law or by acceptance by the importer. The drawback claim having been completed by the fil- ing of the entry, bills of lading, etc., required by these regulations, and the landing certificate having been pro- duced where necessary or bond given therefor, and the exporting vessel or conveyance having been cleared as shown by record of clearance in the case of direct ex- portation or the certificate of exportation received where the merchandise was exported at another port, the col- lector shall ascertain the drawback due by reference to the records of importation and the drawback rate under which the drawback claimed is allowable. Import en- 425 426 T. D, 32141. DRAWBACK. tries, certificates of importation and extracts from such certificates shall constitute the records from which the amount of duty paid on the quantity of materials used shall be determined ; and to guard against errors of iden- tification and of overallowance all materials identified in manufacturers’ certificates and in export entries which have been liquidated and all materials covered by cer- tificates of importation and extracts from such certifi- cates issued shall be charged against the records of im- portations to which they respectively refer. When, in establishing a drawback rate, the Depart- ment gives percentages to be taken upon which to base the quantity of imported material used and also the amount of wastage, these percentages are to be con- sidered as maximum percentages and not as absolute fixed figures to be used in ascertaining the drawback due. Art. 880. Payment of drawback—Debenture certificates.— The amount of duty on exported articles covered by the drawback entry having been ascertained in the manner set forth in the preceding article, the collector shall issue for 99 per cent thereof a debenture certificate made payable to the order of the party making such entry or to the order of a party to whom the maker of the entry shall, on entry, have ordered the drawback paid or de- clared it to be due. Such certificate shall be made payable 30 days from the date of the clearance of the vessel or conveyance in which the exportation was made and shall be in Customs Form 4487. In estimating amounts necessary for the payment of such certificates, in their payment, and in reporting issue and payment of the same, action shall be taken by col- lectors as in case of like certificates of drawback on mer- chandise exported in condition as imported. Art. 881. Amendments to entries and notices of intent. Except for the purpose of correcting a manifest clerical error or for changing the name of the exporting vessel, no change shall be made by the exporter in the notice of intent to export or entry after filing. Application for any amendment other than above shall be made to the Secretary of the Treasury. DRAWBACK, FLAVORING EXTRACTS, MEDICINAL OR TOILET PREP- ARATIONS MANUFACTURED FROM TAX-PAID DOMES. TIC ALCOHOL. Art. 882. Drawback authorized—Under paragraph O of section IV, of the tariff act of October 3, 1918, a draw- back is allowable on the exportation of flavoring extracts, medicinal or toilet preparations, including perfumery, manufactured in the United States with the use of do- mestic tax-paid alcohol, the drawback being equal in amount to the tax paid on the alcohol used. The above provisions extend to like articles shipped from the United States to the island of Porto Rico or to the Philippine Islands. Art. 883. Procedure.—In the payment of this drawback the regulations relating to the allowance of drawback on articles manufactured from imported materials will be followed so far as applicable, the forms provided by such regulations being modified as follows: Notice of intent to export. Notice of intent to export flavoring extracts, medicinal or toilet preparations, with benefit of drawback of internal-revenue tax paid on domestic alcohol used—direct exportation. Port oF , 19—. No. Marks. Packages. | Dosctiption of | Whore deposited.| Drawhack The merchandise herein described is to be laden on the for exportation to , and not to be relanded in nor returned to the United States, and, according to the best of my knowledge and belief, such merchandise is entitled on exportation to a draw- back of internal-revenue tax paid on the domestic alcohol used in the manufacture thereof. t Exporter or Agent. (Inspector’s certificate in form provided by regulations for allowance of drawback on articles manufactured from imported materials.) 427 T. D. 31695. r Act Mar. 4, 428 DRAWBACK. NOTICE OF INTENT—T, AND E. SHIPMENTS, Notice of intent to export flavoring extracts, medicinal or toilet preparations, with benefit of drawback of internal-revenue tax paid on domestic alcohol used—transportation and exporta- tion. No. Port oF , 19—. Marks. Packages. Pe etion ot Where deposited. Zeenat The merchandise herein described is to be laden on the for transportation to and exportation thence to i and not to be relanded in nor returned to the United States, and according to the best of my knowledge and belief such merchan- dise is entitled, on exportation, to a drawback of internal-revenue tax paid on the alcohol used in its manufacture. Eeporter or Agent. (Inspector’s certificate ns in case of direct exportation.) Drawback entry. Port or , 19—. Entry for drawback of flavoring extracts, medicinal or toilet preparations manufactured from domestic tax-paid alcohol and exported under notices of intent to export, filed by . said notices and the merchandise covered thereby being particularly set forth here below, together with the quantity of domestic tax- paid alcohol used in the manufacture of such merchandise, draw- back being claimed under T. D. 4 Destina- . No.of | gxporti Date of ti f Quantity By whom notice of | “*POrtng Bte.0, coe and de- Value. | manufac- intent. vessel. clearance. a scription. tured. Declaration of exportation. I, (member of firm, officer representing corpora- tion, agent, or attorney), , do solemnly and truly declare that the merchandise described above (or in the annexed entry), according to the best of my knowledge and belief, was manufac- tured from domestic tax-paid alcohol, as stated in the certificate of manufacture forming part of this entry (or certificate of manufacture of » NO. , dated , on file at ),, on which the internal-revenue tax chargeable by law was paid without allowance or deduction for damage or other 1 Where a certificate of manufacture is on file covering the articles on which drawback is claimed, reference may be made thereto in lieu of the manufacturer’s certificate in the entry. DRAWBACK, cause, except as noted; that no part of said tax has been here- tofore refunded by way of drawback or otherwise; that the par- ticulars of exportation, etc., above stated are correct, and that such merchandise is not to be relanded in nor returned to the United States.’ Eaporter or Agent. Declared before me this ———— day of ——_——, 19—. Notary Public or Deputy Collector. CERTIFICATE OF MANUFACTURE. Domestic tax-paid alcohol used in the manufacture of the above- described articles. Raut ee 0. 0 * 10n an No ot | Namoot distillery) "ig" | oftaepaid| tur’ | Waste, | quantity packages. oF | ich | Grewal. | stamps. | used. | “9"Y- | % athe s tured. We, ——— ——., proprietor,’ and ———- ———-,, foreman, do severally, solemnly, and truly declare that the articles described above were manufactured on or about ———-, by ——-—,, at ———, of the domestic tax-paid alcohol above particularly set forth ® (on which the internal-revenue tax stated was paid), and in ac- cordance with the sworn statement dated ———, 19—, on file at —; and that a true account of all domestic tax-paid alcohol, and of all articles manufactured therefrom for export, is kept at such place or factory, and that such account is at all times open to the inspection of officers of the customs. Proprietor. + Foreman, Declared before me this day of ———, 19— —— Notary Public. 1 Whenever the drawback is made by the manufacturer or his agent he shall also declare that the right to drawback claimed has been reserved with the knowledge and consent of the exporter. 2In the case of a corporation, the declaration of the proprietor made by the president or vice president thereof may be taken without requiring evidence of special authority (T. D. 32708), but in all other cases the declaration shall be made only by a party specially authorized to represent such corporation, and as evidence thereof the following documents shall be filed: A copy of the articles of incorporation or charter. An extract from that portion of the by-laws which shall show the gov- erning body of the corporation. A resolution of the governing body specifically authorizing each party by name to sign for the corporation. These documents shall be certified by the secretary of the corporation before a notary public or other officer having a seal, and a certificate issued by the collector at the port where such documents have been filed shall be accepted at other ports. 3If the domestic tax-paid alcohol was produced by the manufacturer of the exported articles his declaration shall state that the tax was paid, etc. 429 430 DRAWBACK, Certificate of delivery of tax-paid alcohol. Port oF . . 19—. Serial No. of | Nameofdis- | No. ofdistillery | Dateofwith- | Serial No. of tax- packages. tiller. district. drawal. paid stamps. I, . of the firm of ——-—, do solemnly swear that the alcohol herein described was withdrawn as herein stated; that the taxes were paid thereon as herein shown, without allow- ance or deduction for damage or other cause, except as herein set forth; and that said alcohol has been delivered to 5 and that no other certificate of delivery covering the above alcohol hag been issued by us. Distiller. Sworn to before me this , 19—. day of Notary Public. Immediate transfers shall be noted on the certificate of delivery in the following form: i, . of the firm of , do solemnly swear that the alcohol described in the within certificate of de- livery was received by , from , and was delivered to on the day of » 19—. Sworn to before me this day of , 19—. Notary Public. Certificate of manufacture and delivery. (Description of manufactured flavoring extracts and medicinal or toilet preparations and domestic tax-paid alcohol used in the manufacture thereof, all as in form provided for the drawback entry.) + I, 7 , of the firm of . do solemnly swear that the articles described in the within certificate of manufacture have been delivered to Sworn to before me this . 19—. day of Notary Public. Any intermediate transfer of such manufactured fla- voring extracts and medicinal or toilet preparations shall be certified as in the certificate provided in this article for the immediate transfer of tax-paid alcohol. DRAWBACK. Art. 884, Manufacturing record—tThe description of the alcohol required to be stated in the entry may be ob- tained from the package containing the tax-paid alcohol, and there shall be kept by the manufacturer of the fla- voring extracts, medicinal or toilet preparations on which drawback is claimed a record of all such prepara- tions manufactured, the quantity of wastage, if any, and such record shall include a full description of the alcohol. This record shall be open at all times to the inspection of officers of the customs. Art. 885. Certificate on tax-paid alcohol and extracts from.—On application in writing by the distiller or the party to whom the delivery of the alcohol has been cer- tified, the collector of internal revenue for the district in which the tax is paid shall issue and transmit to the collector of customs of the port designated in the appli- cation at which drawback is to be claimed a certificate showing such payment of internal-revenue tax, in the following form: Certificate of collector of internal revenue on tax-paid alcohol. OFFICE OF THE COLLECTOR OF INTERNAL REVENUE, , DISTRICT OF 5 » 19—. I hereby certify that on the day of , 19—, paid tax on the following-described alcohol, namely: Serial No. tax-paid | Remarks. stamps. Serial No. Taxable Distiller. Proof, | Amount of ieee gallons. ax, and I further certify that no other certificate covering the above- mentioned alcohol has been issued. This certificate is issued on the request of , to be used at the port of , on account of drawback on certain flavoring extracts, medicinal or toilet preparations, claimed to have been manufactured with the use of the herein-described alcohol. Collector of Internal Revenue. To the CoLLEcToR oF CUSTOMS, Port of Where drawback is claimed on flavoring extracts, medicinal or toilet preparations manufactured with the use of rectified or redistilled alcohol, the payment of tax thereon shall be certified by the collector of internal revenue for the district in which such alcohol was recti- 431 T. D. 34395. 432 DRAWBACK, fied, on the above form, which in such cases shall show, in addition to the data called for therein, the name of the rectifier, wine gallons of rectified alcohol produced, the proof thereof, number of proof gallons produced, and the serial numbers of the rectifiers’ stamps covering the same. Charges shall be made against this certificate by the collector of customs as the alcohol covered thereby is identified in drawback entries covering exportations of flavoring extracts and medicinal or toilet preparations, and should any portion of the alcohol described in such certificate be used in the manufacture of articles exported from a port other than that at which it is filed the col- lector holding the certificate shall, on written request of the party by whom it was filed, transmit an extract for use at such other port. Such extract shall be on Customs Form 4541. Art. 886. Collector’s statement of drawback due—When the drawback claim has been completed by the filing of the entry, bills of lading, etc., required by the regula- tions, and the landing certificate having been produced where necessary or the bond given therefor, and the exporting vessel or conveyance having been cleared as shown by the records of clearance in the case of direct exportation or the certificate of exportation received where the merchandise was exported at another port, the collector shall proceed to ascertain the quantity of do- mestic tax-paid alcohol used in the manufacture of the articles entered for drawback and the amount of tax paid on such quantity by reference to the certificate of manufacture and the established rate. He shall then prepare a certificate, on Customs Form 4539, and for- ward the same to the Secretary of the Treasury for pay- ment. Where there is no naval officer the collector will forward the entry and other papers with his certificate. ARTICLES EXPORTED FREE OF INTERNAL-REVENUE TAX OR WITH REFUND OF SAID TAX. Art. 887. Procedure—For course of procedure in re- gard to the exportation free of internal-revenue tax, or with benefit of drawback of internal-revenue tax, of domestic distilled spirits, fermented liquor, tobacco, snuff, cigars, oleomargarine, adulterated butter, mixed flour, playing cards, and stills, under internal-revenue laws, DRAWBACK, see Internal-Revenue Regulations No. 29, revised August 18, 1914. MAIL EXPORTATIONS. Art. 888. Procedure—Where drawback is claimed on merchandise exported by registered mail or parcel post, notices of intent shall be filed in the same manner as for exportations by vessel or other conveyance. Upon re- ceipt of such notices of intent, the collector shall direct the proper officer to supervise the mailing of the mer- chandise, and to make report thereof, attaching to the notice of intent the parcel post or registered mail receipt. All packages so exported, in addition to the other re- quirements, must have stamped or written thereon, and signed by the exporter, a waiver of the right to withdraw such packages from the mails, and the officer in making kis return on the notice of intent shall report accordingly. Where the drawback is less than $25 evidence of land- ing abroad will not be required. Where, however, the drawback amounts to $25 or more, the entry shall not be liquidated until either the receipt of the foreign con- signee is filed, or a certificate from the postal authorities in the United States to the effect that notice has been received from the foreign postal officials that the pack- ages were received at destination, and delivered to the addressees. PROCEDURE AT PORTS OF ENTRY AND HEADQUARTERS PORTS. Art. 889. Documents filed at ports of entry—Drawback ,, paid at headquarters ports.—Notices of intent will be filed in duplicate at ports of entry covering merchandise for exportation at such ports, both copies to be forwarded to headquarters port as soon as the inspector’s return has been made. When the entry and other papers re- quired by the regulations to be filed by the claimant for drawback are received at the port of entry, they will be forwarded to the headquarters port for liquidation and the issuance of debenture certificates. Upon receipt of the two copies of the notice of intent, the headquarters port will (except in a naval office district) forward one copy to the Auditor for the Treasury Department. In a naval office district, such copy will be transmitted to the naval officer. All certificates of importation will be 3130°—15——28 433. T. D. 32143, T. D. 33557, ar, 14, 434 DRAWBACK. issued by and to headquarters ports only; and if neces- sary the entry will be obtained from the port of entry. At the ports of entry a proper record will be made of notices of intent on Customs Form 4489, using only the necessary columns for this record. A record of entries and liquidations will be kept at the headquarters port covering the transactions of the entire district on Cus- toms Form 4489. Each port of entry will maintain a separate series of numbers for drawback entries with the assigned symbol letter. Art. 890. 891. 892. 893: 894, 895. 896. 897. 898. 899. 900. 901. 902. 903. 904, 905. 906. 907. 908. CHAPTER XIX. ENFORCEMENT OF THE CUSTOMS-REVENUE LAWS. FINES, PENALTIES, AND FORFEITURES.* GENERAL PROVISIONS. Merchandise imported contrary to law—Concealing, dealing in, or transporting. Smuggling. Baggage—Articles not declared. Entry by false invoice, declara- tion, affidavit, paper, or state- ment. Goods not specified in the invoice— Fraudulent intent—Forfeiture. Undervaluation exceeding 75 per cent. Inspection of and records., Concealment or destruction of in- voices. Opium and cocaine—Forfeiture— Penalties, importers’ books PROCEDURE, Reports of violation of law to collectors. Who may make searches and seizures, Entering buildings. Warrant to search dwelling houses. Search of buildings on boundary line — Receiving merchandise therein. Search of vehicles—Refusal to permit. - Vehicle manifest— Penalty for nondelivery. Seizure and forfeiture of vehi- cles—Exception. Officers to make character known. Resisting revenue officer—Rescu- ing or destroying seized prop- erty. Art. 909. 910. 911. 912. 913. 914. 915. 916. 917. 918. 919. 920. 921. 922. 928. 924, 925. 926. 927. 028. PROCEDURE—Continued. What constitutes a valid seizure. Jurisdiction. Custody of seized goods. Records of seizures to be kept. Appraisement of seized merchan- dise. Notice of seizure and sale—Value not exceeding $500—Advertise- ment. Claim for seized property—Value not exceeding $500—Bond for costs. Sale of property seized—Value not exceeding $500. : Application for restoration of pro- ceeds. Sale of seized perishable arti- cles—Value not exceeding $500. Release on payment of appraised value—Application. Collectors may release when duty does not exceed $25. Delivery of goods advanced over 75 per cent—Stipulation—Ap- plication for relief from seizure. Reports by collectors to district attorneys. Duty of district attorneys. £ Bonding of seized property—Per- ishable property, value exceed- ing $500. Remission or mitigation of fines, penalties, and forfeitures — Amount not exceeding $1,000. Proceedings for remission or mitigation—Amount exceeding $1,000. Compromises. Limitation to proceedings for for- feiture. 1For fines, penalties, and forfeitures relating to vessels, see Chapters II and III. 435 436 PROCEDURE—Continued. Art. 929. Burden of proof in forfeiture cases. 930. Certificate of reasonable cause— Costs. 931. Disposition of proceeds of fines, penalties, and forfeitures. AWARDS OF COMPENSATION. 932. Awards in claims for: compensa- tion. 933. Claims for compensation—What to contain, 934. Collectors to transmit claims to Secretary of the Treasury. 935. Sharing of awards with customs officers prohibited. 936. Extortion by informer. ENFORCEMENT OF CUSTOMS REVENUE LAWS. OFFENSES AGAINST THE ADMINISTRATION OF THE CUSTOMS. Art. 937. Bribery of revenue officers and employees—Offering presents to. Officers or employees of the United States soliciting or re- ceiving gratuities. Admitting merchandise to entry for less than legal duty. Entry by false weight, measure, ete. : Destroying or mutilating records and documents. Forgery of certificate of entry. Falsely assuming to be a revenue officer. Conspiracy. 938. 939. 940. 941. 942. 943. 944, GENERAL PROVISIONS. 8., SOR r Ds. 18710. Art. 890. Merchandise imported contrary to law—Conceal- 24014, ;ing, dealing in, or transporting.—Any person fraudulently 26419, importing or bringing into the United States, or assisting 30391, . : : in so doing, merchandise contrary to law, or who shall receive, conceal, buy, sell, or facilitate the transportation, concealment, or sale of such merchandise after importa- tion, knowing it to have been imported contrary to law, will on conviction be liable to a fine not exceeding $5,000 nor less than $50, or to imprisonment for not more than two years, or both, and the merchandise may be for- feited. If the defendant is shown to have or to have had pos- session of such goods, it shall be deemed evidence suffi- cient to authorize conviction, unless he shall explain the possession to the satisfaction of the jury. In order to obtain a conviction of the person or for- feiture of the merchandise there must have been a viola- tion of some specific provision of the revenue laws. R.S., 2865, Art. 891. Smuggling.—Any person who shall, with in- 8. Beek U. Stent to defraud the revenue, smuggle or clandestinely 22226, i De. 170 introduce into the United States merchandise subject to 26159, 26419, ,duty, and which should have been invoiced, will on con- 27851, viction be subject to a fine of not more than $5,000 or to imprisonment for not exceeding two years, or both. ENFORCEMENT OF CUSTOMS REVENUE LAWS. 437 Art. 892. Baggage—Articles not declared—aArticles sub- B- §- 2802, age : 22964, 25608, ject to duty found in. the baggage or on the person of 25609, 26410 passengers arriving from foreign countries which were 58771 35599" not declared or mentioned to the customs officers before 30214, suener the examination of their baggage, are subject to seizure 33019, 34010. and forfeiture, and the persons in whose baggage such articles are found are liable to penalties of treble the value thereof. However, seizure should not be made unless the cus- toms officers are satisfied that the failure to declare was with intent to defraud. If they are satisfied the omission to declare was without fraudulent intent, the undeclared articles may be added to the declaration. The penalty of treble the value of the articles undeclared should not be imposed except in flagrant cases or in cases in which the undeclared articles are intended for commercial pur- poses. - Art. 893. Entry by false invoice, declaration, affidavit, Act Oct. 3, 1913, sec. III, G and H paper, or statement.—If the consignor, seller, owner, im- P#!5- S DBéd, 2865. porter, consignee, agent, or other person enters or at- 7865 8. ». Cu tempts to enter imported merchandise by means of a Hep. 80, Fed. 5 : . ¥. 19 Bales fraudulent or false invoice, declaration, affidavit, letter, §..°.,19 Bales paper, or by means of any false statement, written or Fed, Rep., 779 ; verbal, or shall be guilty of any willful act or omission thal, 12 Fed. by means of which the United States shall or may be de- sri. naa prived of the lawful duties upon the merchandise so en- FedRep. 961; Carats Loose tered or attempted to be entered, such person upon con- Bmeralds, 153 viction is subject to a fine for each offense in a sum not He4,Reps 68 ; imprisonn U. 8, 0, One Silk exceeding $5,000 or to imprisonment for not more than ¥;8 7, One Suk Rep. 174 (T. two years, or both. D. “e770) «0 JF The merchandise or the value thereof to be recovered § 25. Ge from such person will be forfeited, which forfeiture will g3gj P* 1313 apply to the whole of the merchandise or its value in the 14497, bepee 25200, 25970, case or package containing the article or articles to which 53729 32279: the fraud, false paper, or statement relates. Boson’ 28056" The arrival within the territorial limits of the United 39342 39248. States of merchandise consigned for sale and remaining ee goek the property of the shipper or consignor, and the accept- 32747, 38789, ance of a false invoice thereof by the consignee, or agent p.U:.8:. "pz? of the consignor, shall be deemed an attempt to enter the #4 Hats, 281 merchandise although no actual entry has been made or offered. 438 ENFORCEMENT OF CUSTOMS REVENUE LAWS. B Steg 1;, Art. 894. Goods not specified in the invoice—Fraudulent U.S. 4 How. intent—Forfeiture—If there shall be found by the ap- merceley’s Ad praiser in the packages designated for examination any Burgess’ *8article not specified in the invoice covering such pack- ages, and he shall be of the opinion that such article was omitted from the invoice with fraudulent intent on the part of the shipper, owner, or agent, the contents of the entire package in which the article may be is liable to seizure and forfeiture. so18, eae Art, 895. Undervaluation exceeding 75 per cent.—If the a 304, appraised value of imported merchandise exceeds the sstio) 21270, value declared in the entry by more than 75 per centum, unless arismg from a manifest clerical error, the entry is presumptively fraudulent, and the collector will seize the merchandise. In any legal proceeding other than a criminal prosecu- tion resulting from such seizure, the undervaluation as shown by the appraisal is presumptive evidence of fraud, and the burden is upon the claimant to rebut the same. The forfeiture will apply to the whole of the merchan- dise, or the value thereof, in the casé or package con- taining the particular article or articles in each invoice which are undervalued. T. D. 26691. Penalties or forfeitures applicable to merchandise en- tered by a certified invoice apply equally to merchan- dise entered by a pro forma invoice, and no forfeiture or other disability incurred for undervaluation can be re- mitted or mitigated by the Secretary of the Treasury. o0abe aaixe, ‘The Government may institute proceedings for the 33008, 2e3i8, forfeiture of such merchandise or the home value thereof, ee 852. one 2nd in addition the importer is liable for the regular and fa “pa aint additional duties. Hea: Rep. 426. Additional duties do not constitute an element of home market value, but should be assessed in the liquidation of the entry and collected from the importer. 1998 oc Art. 896. Inspection of importers’ books and records.—If Bare Vs any person, corporation, or other body, engaged in the importation of merchandise, or dealing in imported mer- chandise, shall fail or refuse to submit to the inspection of a duly accredited investigating officer, upon request so to do from the collector of customs at the port where such merchandise is entered, his books, records, or ac- counts pertaining to the value or classification of such merchandise, the Secretary of the Treasury, in his dis- cretion, is authorized, while such failure or refusal con- ENFORCEMENT OF CUSTOMS REVENUE LAWS. tinues, to assess additional duty at 15 per centum on all merchandise consigned to or imported by, or shipped or intended for delivery to, such person, corporation, or other body. Upon the report of the investigating officer of such refusal, the collector will report the facts to the Secretary of the ‘Treasury: Appraisers and collectors acting as such may cite-to 439 Act Oct. 3, 913, sec. Im, appear before them and may examine upon oath any pars. © and P owner, importer, agent, consignee, or other person touch- ing any matter respecting imported merchandise then under consideration, or previously imported within one year, which they deem material in ascertaining the duti- able value or classification thereof. The General Appraisers have the same powers of cita- tion with respect to the dutiable value, classification, or rate and amount of duty upon such merchandise. Collectors when not acting as appraisers have the same powers of citation, but with respect only to the classification or rate and amount of duty. The officers mentioned may also require the production of any letters, accounts, contracts, or invoices relating to such merchandise, and may require the testimony taken by them to be reduced to writing. If the person so cited shall neglect or refuse to attend or shall decline to answer or shall refuse to answer in writing any interrogatories, and subscribe his name to his deposition, or to produce such papers, he is liable to a penalty of not less than $20 nor more than $500; and if he be the owner, importer, or consignee, the appraise- ment which the Board of General Appraisers, local ap- praiser, or collector, where there is no appraiser, may make of the merchandise will be final and conclusive; and any such person who shall willfully or corruptly swear falsely on an examination before any of the officers named will be deemed guilty of perjury; and if he is the owner, importer, or consignee, the merchandise may be forfeited or the value thereof may be recovered from hin. Art. 897. Concealment or destruction of invoices——Who- . 31730. T. D. 34846. Act Mar. 4, 1909, Fed. Pe: ever shall willfully conceal or destroy any invoice, book, nal Code, secs, or paper relating to merchandise liable to duty which “ has been or may be imported from any foreign country, after an inspection thereof has been demanded by the collector, or shall at any time conceal or destroy such 8, 129. 440 Act Jan. 17, . T. Ds. 33069, 34221, 34598. ENFORCEMENT OF CUSTOMS REVENUE LAWS. invoice, book, or paper for the purpose of suppressing evidence of fraud contained therein, will be subject to a fine of not more than $5,000 or to imprisonment for not more than two years, or both. Art. 898. Opium and cocaine—Forfeiture—Penalties.— Opium and cocaine, or any preparations or derivatives thereof, found on a vessel arriving at any port of the United States, and not shown on the vessel’s manifest, shall be seized and forfeited, and the vessel is liable for the penalty and forfeiture prescribed in section 2809, Revised Statutes. The fine prescribed by said section should be imposed upon the master, and it is not subject to the provisions of section 2810, Revised Statutes. The collector will at once direct an appraisement of such opium to be made as the basis for imposing a penalty against the master. The value of smoking opium for this purpose is its foreign value. The master should at once be notified of the penalty incurred, and the facts in the case reported to the dis- trict attorney before clearance is granted, for the pur- pose of libeling the vessel, if necessary. The collector may, however, grant a clearance upon a stipulation en- tered into by the master and agents of the vessel secur- ing the payment of the penalty. All smoking opium, whether manifested or not, found on a vessel arriving at a port of the United States, or which may have been smuggled into the United States, shall be forthwith seized, and may be destroyed by order of the collector without judicial proceedings. No such opium shall be admitted into the United States or any territory under its jurisdiction for transporta- ‘tion to another country, nor shall such opium be trans- Act Jan. 17, 1914, sec. 6. ferred or transshipped from one vessel to another within any waters of the United States for immediate exporta- tion, or for any other purpose. Opium and cocaine, the salts, derivatives, or prepara- tions thereof, except smoking opium, the exportation of which is prohibited, may be exported to countries reg- ulating their entry under such regulations as are pre- scribed by such country for the importation thereof. Any person who exports any of the aforesaid drugs in violation of the foregoing provisions will be subject to _a fine in any sum not exceeding $5,000 nor less than $50, or to imprisonment for any time not exceeding two years, or both. ENFORCEMENT OF CUSTOMS REVENUE LAWS. 441 Any person fraudulently or knowingly importing into ,,4ft Ja"-,1% the United States, or assisting in so doing, any opium, gp aees preparation or derivative thereof, contrary to law, or who shall receive, conceal, buy, sell, or facilitate the transportation, concealment, or sale thereof, knowing the same to have been imported contrary to law, is subject to a fine not exceeding $5,000, and not less than $50, and to. D. 32397. imprisonment for any time not exceeding two years, or both, and such opium, preparation, or derivative, shall be ‘forfeited and destroyed. Any person subject to the jurisdiction of the United States who shall receive or have in his possession, or con- ceal on board of, or transport on any foreign or domestic vessel or railroad car or other vehicle destined to or bound from the United States, or any Territory thereof, any smoking opium, or who, having knowledge of its pres- ence upon any such vessel, car, or vehicle, and shall not report the same to the principal officer thereof, is subject to a fine not exceeding $5,000, nor less than $50 and to ‘imprisonment not exceeding two years, or both. One-half of any fine recovered from any person or per- sons under any section of the act of January 17, 1914, may be paid to the person or persons giving information leading to such recovery, and one-half of any bail for- feited and collected in any proceeding under said act may be paid to the person or persons giving the information which led to such proceedings, if so directed by the court exercising jurisdiction in the case. No payment, how- ever, for giving information shall be made to any officer or employee of the United States. Collectors will report to the Department and to the dis- trict attorney any violations of said act which shall come to their knowledge.t PROCEDURE. Art, 899. Reports of violation of law to collectors.—Offi- ,.A¢t June 22 cers or persons employed in the customs service, including sane? Wena the special agents, shall, upon detection by or report to them of a violation of the customs laws, make report thereof to the collector of the district in which such viola- tion occurred. Violations of the customs revenue and navigation laws | occurring at ports of entry will be reported by the deputy 1'Regulations governing importations of opium for medicinal purposes, and cocaine, see articles 545 to 549. 442 R. S., 3059 Act Jan. 28 1915. 13 Op. Atty. Gen., 253. . Ds. 2514. 2669, 2725. R. S., 3060. R. S8., 3989 3990. Act June 18, 1878, sec. 4. Act June 16, 1880, 21 Stat. 263. ENFORCEMENT OF CUSTOMS REVENUE LAWS. collectors in charge to the district headquarters with a full statement of the facts in each case, the law violated, and the penalty incurred. Seizures made at ports of entry will likewise be re- ported to the district headquarters and the property retained in customs custody pending instructions from the collector for its disposition. All applications with respect to such violations and seizures should be forwarded by the deputy collector in charge to the headquarters port. ’ Art. 900. Who may make searches and seizures.—Officers of the customs or of Coast Guard cutters or authorized ‘agents of the Treasury Department, or other persons specially appointed for the purpose in writing by a col- lector, may go on board a vessel, without as well as within their districts, and search the same, and any person, trunk, or envelope on board, and to this end hail and stop such vessel and use all necessary force to compel compliance. If it shall appear that a violation of law has been committed whereby the vessel or the merchandise on board is liable to forfeiture, seizure of the same will be made. They may also arrest any person engaged in such violation. The original appointment in writing of any person specially appointed shall be filed in the customhouse in which the appointment is made. » Customs officers are also empowered to search all ves- sels for letters which may be on board or which have been conveyed contrary to law on board any vessel or on any post route, and to seize the same and convey them to the nearest post office or detain them subject to the orders of the postal authorities. Seizures for undervaluation pursuant to paragraph I of section ITI of the act of October 3, 1918, will be made by the collector. » Keepers of coast-guard stations and of houses of refuge have the powers of inspectors of customs, and upon de- tection of a violation of the customs revenue laws they shall make complaint thereof to the collector of the dis- trict and seize the merchandise in the act of being smug- gled, or which has been smuggled. » Masters of lighthouse tenders are invested by law with "police powers of search, seizure, and arrest for smug- gling, and crimes pertaining to Government property. ENFORCEMENT OF CUSTOMS REVENUE LAWS. 443 Seizing officers are protected by law where reasonable Hoyt tae cause for the seizure shall appear. 288 Seizures may be made by private persons upon their own responsibility in case the seizure is not maintained by the Government. Art. 901. Entering buildings—Persons authorized to ® 8» 3066. make searches and seizures, or persons assisting them, or acting under their directions, may, if deemed necessary by them, enter into or upon or pass through the lands, inclosures, and buildings, other than the dwelling house of any person whomsoever, in the night or in the day time. Such persons should, however, when practicable, ob- tain search warrants as provided for in the following article. Art. 902. Warrant to search dwelling houses—If a col- B.S, 3068. lector, naval officer, surveyor, or a person specially ap- 288%) (TD. pointed by either of them, or an inspector of customs, 7. D. 545. suspects concealment of merchandise which has been smuggled or imported contrary to law in a dwelling house, store building, or other place, he may upon appli- cation on oath to any justice of the peace, judge of the United States district court, or commissioner of a United States court, be entitled to a warrant to enter such house, store, or other place, in the daytime only, and there to search for such merchandise; and if any be found to seize the same. Customs officers to whom warrants are issued to search , Boyd v 0. : S$. 116 U. 8, for and seize merchandise are without authority to re-66. 0 git move letters or other documents and records. K. Shue, 199 it . Fed. Rep., 282. When acting under a warrant to search the rooms in a building occupied by persons described in the warrant, search of other rooms in such building should not be made, unless they are also described in the warrant, together with the names of the persons occupying such rooms. Art. 908. Search of buildings on boundary line—Receiving R. 8. 3107, merchandise therein—If any store, warehouse, or other 10030." “424 building be upon or near the boundary line between the United States and a foreign country, and there is reason to believe that dutiable merchandise is deposited or has been placed therein or carried through the same without payment of duties, and the collector or his deputy shall make oath before a magistrate that he has reason to be- 444 ENFORCEMENT OF CUSTOMS REVENUE LAWS. lieve that such offense has been committed, such officer shall have the right to search the building and premises. If such merchandise shall be found therein, the same, together with the building, may be seized and forfeited, and the building may be forthwith taken down or re- moved. The person who shall have received or deposited in or carried through such building any merchandise in viola- tion of law, or shall have aided therein, is upon convic- tion subject to a fine of not more than $10,000, or to imprisonment for not more than two years, or both. 7. D. 29091. All unpatented public lands of the United States lying within 60 feet of the boundary line of the United States and Dominion of Canada have been set apart as a public reservation. 303, ©” 3°64 Art. 904. Search of vehicles—Refusal to permit—Offi- cers or persons authorized to board and search vessels may stop, search, and examine without as well as within their respective districts any vehicle on which they shall suspect there is merchandise subject to duty, or which shall have been introduced into the United States con- trary to law, whether by the person in possession or in charge of such vehicle, or otherwise, and may search any trunk or envelope in which they have a reasonable cause to suspect there is merchandise which was imported con- trary to law, and such merchandise will be subject to seizure. Any person driving or conducting or in charge of such vehicle who shall refuse to stop and allow search and ex- amination to be made when required to do so by an au- thorized person is upon conviction subject to a fine of not more than $1,000 nor less than $50. R. §. 3009 Art, 905. Vehicle manifest—Penalty for nondelivery.— 35200, goose’ If the conductor or driver of any carriage or other vehicle, or other person bringing merchandise subject to duty from contiguous foreign territory, neglects or re- fuses to deliver the manifest thereof to the customs officer nearest to the boundary line or nearest to the road by which such merchandise is brought, the merchandise so imported will be liable to forfeiture, together with the carriage or other vehicle, and the conductor or other im- porter will be subject to a penalty of four times the value of such merchandise, and such merchandise will be sub- ject to seizure. R. S., 3108. ENFORCEMENT OF CUSTOMS REVENUE LAWS. 445 Art. 906. Seizure and forfeiture of vehicles—Exception— 8. § 3062. T, D, 25396. i i ise i U. 8 0, One Vehicles on which smuggled merchandise is found, or 9,5," Horse, which are discovered employed in the transportation of 129 Fed. Rep» merchandise which has been smuggled or imported con- trary to law, shall be subject to seizure and forfeiture, together with the teams and appurtenances belonging to them. It is immaterial whether the owner or driver of a do- ,,U.,S. ¥, One mestic team used wholly within the United States in the 147 Fed, Rep. transportation of smuggled merchandise had or had not 27196). knowledge of its illegal use. No railway car, engine, or other vehicle, or team used 8. 8., 3063. by a person or corporation as a common carrier, in the transaction of business as such, shall be subject to for- feiture for violation of the customs reveriue laws, unless it shall appear that the owner or his agent in charge thereof at the time of an unlawful importation or trans- portation of merchandise was a consenting party or privy thereto. Art. 907. Officers to make character known.—E very offi- 8. 8. 3071. cer or other person authorized to make searches and seiz- ures shall at the time of executing any of the powers con- ferred upon him make known, upon being questioned, his character as an officer or agent of the customs or Govern- ment, and shall have authority to require any person within the distance of 3 miles to assist him in making - any arrest, search, or seizure, and if such person shall without reasonable excuse neglect or refuse so to assist upon proper demand, he will be guilty of a misdemeanor and be subject to a fine of not more than $200 nor less than $5. Art. 908. Resisting revenue officer—Rescuing or destroy- 190 Hea” oe ing seized property—Whoever shall forcibly assault or 2a! Code, sec. interfere with an officer of the customs, or any person assisting him, in the execution of his duties, or shall res- cue or attempt to rescue property which has been seized by any person authorized; or who shall, in order to pre- vent the seizure, destroy or remove the merchandise, will upon conviction be subject to a fine of not more than $2,000 or to imprisonment for not more than one year, or both. Whoever shall use any dangerous weapon in resisting a person authorized to make searches or seizures while in the execution of his duty, with intent to commit a 446 ENFORCEMENT OF CUSTOMS REVENUE LAWS. bodily injury upon him, or to deter or prevent him from discharging his duty, will upon conviction be subject to imprisonment for not more than 10 years. 1905 Fea pe. Any person rescuing, or who shall attempt to rescue, nal Code, sec. nroperty detained by an officer or other person under the authority of any revenue law of the United States, or shall aid or assist therein, will upon conviction be subject to a fine of not more than $300 and to imprisonment for not more than one year. Segenes 43 Art. 909. What constitutes a valid seizure——To consti- Wheat, 312. tute a valid seizure there must be an open visible pos- Gusst' Sag, * session claimed, and authority exercised, by the seizing Bases Recty Ofticer. The parties must understand that they are dis- fia atts § possessed, and that they are no longer at liberty to exer- {24 ed. Cases, cise any control over the property. A superior physical force is not necessary to be employed if there is voluntary acquiescence in the seizure and dispossession. 9 Crane 239, A seizure once made, if voluntarily abandoned by the seizing officer, loses its validity. kin Sos'u'S, Art. 910. Jurisdiction.—Proceedings for the forfeiture 335 ct Mar, 3, Of seized merchandise must be instituted within the judi- {fad Cede)’ cial district in which the seizure was made. Proceedings in seizures made on the high seas, for for- feiture under any law of the United States, may be prose- cuted in any district in which the property so seized is brought and proceedings instituted. R. &, 3088. Art. 911. Custody of seized goods—Merchandise or prop- gase $5" (7 erty of any kind seized shall be placed and remain in the Fed” Cases, custody of the collector of the district in which the seizure ce. Bie“"™ shall be made, to await disposition according to law. soli, vise” «Seizing officers are required to send at once to the public stores all goods seized by them for violation of law, taking the storekeeper’s receipts for such goods, and sending such receipts, with full report of the case, to the collector on Customs Form 5955. Inspectors will make such report through the surveyor, if there be one at the port where the seizure is made. Art. 912. Records of seizures to be kept.—A record must be kept of all seizures made in each district, and a con- nected history of each case must be preserved of all pro- ceedings taken, with their dates, and memoranda of all important facts. ona 33227, Fines, penalties, and forfeitures will be recorded in the book record, Customs Form 4991a. When the case is wn ENFORCEMENT OF CUSTOMS REVENUE LAWS. 447 disposed of it will be reported to the Auditor for the Treasury Department on Customs Form 4991b. Art. 913. Appraisement of seized merchandise—The col- 8. ,8-,2074; lector will direct the appraiser on Customs Form 4603 1915, see. mI, to make an appraisement of the seized merchandise at its ,¥- ve 9.12, 347 s Sugar, actual home market value at the place of seizure and 4, {ett it time of examination. The appraiser will also specify its 289); U, 8. foreign wholesale market value, at the time and place of iiptogs exportation, and the rate and amount of duty chargeable f Let oa Tobacco, 2 Low- thereon. ell, 107 (27 Fed. If the merchandise be seized for undervaluation dis- Cases, $45) ; Tn closed on the original appraisement or on reappraisement, 45 Fed. Rep., the value so found, plus the regular duties, may be, T, De. 44i1, adopted by the collector for the purposes of the seizure, and no other appraisement need be made. If the appraised value of the merchandise exceeds $500, sane ae a and the claimant seeks to bond the same, he may, with par. the approval of the court, accept for that purpose the value found as herein pinaaibed, or apply to the court ‘for the appointment of three persons to appraise the merchandise. Seized merchandise which is absolutely prohibited 1. D. 24254. from importation, will be appraised at its foreign market value only. Art. 914. Notice of seizure and sale—Value not exceeding Rr. §., 3075, $500—Advertisement.—If the appraised value of the seized oO Ds. 847, property does not exceed $500, the collector will publish von a combined notice of seizure and sale once a week for three successive weeks in some newspaper of the county or place where the seizure was made, and if no newspaper ‘is published in such county, then in some newspaper of the county in which the headquarters port of the district is situated. The notice will describe the articles seized, and state 2. 8. 3077. the time, cause, and place of seizure, and shall require any person claiming the articles to appear and file with the collector his claim to such articles within 20 days from the date of the first publication of the notice. The notice must also state that unless such claim is filed within the time prescribed, the property will be sold at public auction at a place and time to be specified in such notice, which time of sale shall be not less than 35 days from the date of the first publication of the notice. Collectors will designate the newspapers for the ad- vertisement of notice of seizure and sale, and will au- B.S. 938. 448 T. D. 14879. T. D. 33557, par. 23. T. D. 34151. R. S., 3076. T. D, 24307. ENFORCEMENT OF CUSTOMS REVENUE LAWS. thorize the publication thereof on Customs Form 3055. Such notice shall not be inserted oftener than three times. Newspaper bills for advertising must be rendered on Customs Form 3057, and submitted by collectors to the Department before payment is made, and be accompanied by the letter of authorization and a copy of each issue of the paper in which the advertisement appeared. Dupli- cate letters of authorization should be kept by collectors. The combined notice of seizure and sale will be pre- pared at the headquarters port. Before seized drugs, insecticides, seeds, plants, nursery stock, and other articles required to be inspected by the Department of Agriculture are advertised, they shall be inspected by a representative of the Department of Agri- culture to ascertain whether or not they comply with the requirements of the law and the regulations of that department. Art. 915. Claim for seized property—Value not exceeding $500—Bond for costs—Any person claiming seized prop- erty which does not exceed $500 in value may, at any time within 20 days from the date of the first publica- tion of the notice of seizure and sale, or before publica- tion, file with the collector a claim stating his interest in the articles seized and deposit with the collector a bond to the United States in the sum of $250, with two sureties, conditioned that in case of the condemnation of the articles claimed the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation. The collector will transmit the bond to the United States district attorney, who may proceed for a condemnation of the property. The bond will be on Customs Form 4615, and there will be indorsed thereon a list or schedule which must, in every case, be signed by the claimant in the presence of the witnesses to the bond, and attested by them, sub- stantially as follows: List or schedule containing a particular description of goods, wares, or merchandise seized, on a claim to which the within bond is given, to wit: The foregoing list is correct. , Claimant. Attest : 9 ENFORCEMENT OF CUSTOMS REVENUE LAWS. Art. 916. Sale of property seized—Value not exceeding 449 R. Be eae T. $500.—If no claim shall be filed or bond given within the 15866, 19114, 20 days, the collector will at the time and place panes in the notice of seizure and sale sell the seized property, not exceeding $500 in value. The collector may, however, adjourn such sale from time to time for a period not exceeding 30 days in all. When spirituous liquors are seized in States having laws against their sale, they shall be held for special disposition by the Department. The sale of small seizures will be postponed until the proceeds of a consolidated sale will pay all expenses. Collectors will deposit the net proceeds of such sales, after deducting the expenses of seizure and sale, to the credit of the Treasurer of the United States. A state- ment must be forwarded to the Auditor for the Treas- ury Department of the gross proceeds and expenses of the proceedings in each seizure, and distinguishing cases where the property was sold as perishable. Art. 917. Application for restoration of proceeds——Any person claiming to be interested in the. property sold may within three months after such sale apply to the Secretary of the Treasury for a remission of the for- feiture and a restoration of the proceeds of such sale. ‘The same may be granted upon satisfactory proof that the applicant, at the time of seizure and sale, did not Imow of the seizure, and was in such circumstances as prevented him from knowing of it, and that the for- feiture was incurred without willful negligence or any intention of fraud on the part of the owner of the property. Art. 918. Sale of. seized perishable articles—Value not ex- T. D. 10806. R. S., 3078. R. §., seat T. Ds. 7347 ceeding $500.—If the appraiser shall certify on oath at 7446 14879. the time of appraisement that the seized property, valued at less than $500, is liable to perish or waste or be greatly reduced in value by keeping, or which can not be kept without disproportionate expense, whether consisting of live animals or merchandise, and no claim has been made, the collector will proceed to advertise and sell the prop- erty at auction by giving notice of the intended sale within such time as he may think reasonable, but not less than one week. This notice is of sale only and is not the combined notice of seizure and sale provided for in article 914. 3130°—15——29 450 ENFORCEMENT OF CUSTOMS REVENUE LAWS. The net proceeds of such sale shall be deposited to the credit of the Treasurer of the United States, subject to the payment of such claims as shall be presented within three months from the date of sale and allowed by the Secretary of the Treasury. R. &. 3081p, Art. 919. Release on payment of appraised value—Appli- 50380! oy28e cation.—Collectors are authorized, subject to the approval of the Secretary of the Treasury, to release seized mer- chandise upon payment of its appraised home value, pro- vided it does not exceed $1,000. Application for release of seized property upon pay- ment of its appraised home value must be in writing, ad- dressed to the Secretary of the Treasury, signed by the claimant or his attorney, and contain an assent to for- feiture and waiver of further proceedings. Collectors will forward such applications with their recommendation. 11632 24307" ~—- Art. 920. Collectors may release when duty does not exceed $25—When the duty does not exceed $25 and when in the opinion of the collector there has not been any willful violation of law, seized goods may be released by order of the collector for exportation, or upon payment of a fine equal to the duty, or upon payment of the appraised value of the goods, or upon such other conditions as the law and circumstances in each case may justify. This, how- ever, does not apply to seizures for undervaluation ex- ceeding 75 per cent. roe? Oct 8: Art. 921. Delivery of goods advanced over 75 per cent— par. 1. » Stipvlation—Application for relief from seizure.—When the importer desires immediate possession of merchandise liable to seizure for undervaluation exceeding 75 per cent, pending reappraisement proceedings, or an applica- tion to the Secretary of the Treasury for relief, or a report upon the facts from the United States attorney, the collector may deliver such merchandise upon the im- porter’s depositing a sum of money equivalent to the home value of the case of goods containing the article or articles undervalued more than 75 per cent, together with a sum sufficient to cover the regular duty and 75 per cent additional duty accruing thereon, and entering into a stipulation in the following form: Whereas certain merchandise contained in case No. —, on invoice No. —. entry No. —, imported by , ex SS., » on the day of , 19—, has been advanced in value by: ENFORCEMENT OF CUSTOMS REVENUE LAWS. the appraiser more than 75 per cent, and is liable to seizure, and Whereas (I or we) , the said , desire to obtain pos- session of the merchandise covered by the said case-, invoice, and entry, notwithstanding such advance, and Whereas (I or we) have deposited with the collector of the port of a sum of money equivalent to the appraised home value of said case of merchandise, said sum to be held by the collector pending reappraisement or rereappraisement of the merchandise, or an application to the Secretary of the Treas- ury for relief, or a report in the matter by the United States attorney, as the case may be. Now, therefore, (I or we) , do hereby stipulate and agree to abide by the result of such reappraisement or rereappraise- ment on the retained samples in the same manner as if the entire case had been held for such proceedings. It is further stipulated and agreed that should the appraised value as finally determined exceed the entered value of the said merchandise by more than 75 per cent, and the Secretary of the Treasury or the district attorney deny relief, the money deposited may be seized and forfeited and covered into the Treasury of the United States as though received from a sale of the merchandise, and (I or we) do hereby waive any and all objections which may at any time be raised by reason of the fact that the merchandise has been delivered and the cash deposited in lieu thereof. Dated, , 19—. ~ In presence of: The amount deposited covering the appraised home value of the merchandise will be placed in the collector’s special deposit account, and will be refunded in the event that the seizure is not finally sustained. If an application for relief be made by the importer or his agent, and the collector of customs is of the opinion that the undervaluation was made without fraudulent intent, he shall report the facts to the district attorney, and if that officer shall advise him that in his opinion the presumption of fraud can be rebutted, the goods will be released, or the amount deposited in lieu thereof returned upon the payment of the increased und additional duties. If no such application be made within 10 days after the final appraisement, or if the collector be of the opinion that the undervaluation was fraudulent, or if the dis- trict attorney shall report that in his opinion the pre- sumption of fraud can not be rebutted, forfeiture pro- ceedings will be instituted. 451 452 Act June 22, 1874, sec. 15. R. ’S., 3075, zeae son “Ds. 251 8011, 8084, 81 R. S., 3083. R. S., 838, ‘Act May 28, “'T. D. 2514. R. S., 920. ENFORCEMENT OF CUSTOMS REVENUE LAWS. Applications for relief from seizure and remission of additional duties on the ground of manifest clerical error should be forwarded to the Department with a report of the facts, accompanied by the entry and invoice. Art. 922. Reports by collectors to district attorneys—Col- lectors must report all violations of law involving fines, "penalties, or forfeitures, which require the institution of legal proceedings, to the district attorneys of the judicial districts in which such violations occurred. When the appraised value of seized property exceeds $500, the collector will, in the absence of an application to the Department for relief, report the facts to the dis- trict attorney of the district in which the seizure was made for the institution of forfeiture proceedings. If the appraised value is less than $500, and the claimant gives bond, on Customs Form 4615, to secure the costs of forfeiture proceedings, the collector will likewise report the case to the district attorney. In each case he will submit a report of his action to the Department and to the Solicitor of the Treasury. If an offense has been committed in a district other than that in which the goods are found, the collector should also report the facts to the district attorney for that district. In all cases reported to the district attorneys for the recovery of fines, penalties, or forfeitures which have been settled by authority of the Secretary of the Treas- ury, the collector will notify the district attorneys of the action which has been taken. Art. 923. Duty of district attorneys.—The district at- torney to whom the collector has reported a case in which a fine, penalty, or forfeiture has been incurred, will without delay cause proceedings to be commenced and prosecuted for such fine, penalty, or forfeiture, unless he shall decide that such proceedings can not probably be sustained, or that the ends of public justice do not require that proceedings be instituted. In such cases he shall report the facts to the Secretary of the Treasury for direction. When two or more articles belonging to the same per- son are seized, they must be included in one suit, and if separate actions are prosecuted in such cases, the court will consolidate them. ENFORCEMENT of GUSTOMS REVENUE LAWS. 4538 Art. 924. Bonding of seized property—Perishable prop- 8.8. 938. Act June 22; erty, value exceeding $500.—Upon the petition of a claim- 1874, sec. 18. ant to the United States district court that a vessel or 15520, 18411.’ merchandise seized should be delivered to him, the court may appoint three persons to appraise such property, the appraisement to be made at the expense of the party upon whose petition it is granted. The seizure appraise- ment made by the United States appraiser may, however, be accepted with the approval of the court. On the return of the appraisement, the claimant, with one or more sureties, to be approved by the court, shall execute a bond to the United States for the payment of an amount equal to the sum at which the property is ap- praised, and shall produce a certificate from the-collector of the district where the trial is had, and of the naval officer, -if any, that the duties on the merchandise or ton- nage duties on the vessel claimed have been paid. The ccurt may thereupon order such vessel or mer- chandise to be delivered to the claimant, and the bond shall be lodged with the clerk of the court. If the judg- ment passes in favor of the claimant, the court may cause the bond to be canceled, but if judgment passes against the claimant, as to the whole or any part of such vessel or merchandise, and the claimant does not within 20 days thereafter pay into the court the amount of the ap- praised value of the vessel or merchandise so condemned, with the costs, judgment will be granted upon the bond. The certificate from the collector and naval officer, if Im .re Cht any, should cover an amount representing the regular Fed. Rep:, 281. duties paid as if the goods had been legally entered. Collectors will, before issuing such certificate, require 1. p. 24660. the payment of the full additional duties due, if any, but the same should not be included in the certificate. Duties paid as a condition to bonding the property will not be refunded without special instructions from the Department. When seizure is made of perishable merchandise ex- ceeding $500 in value and it has not been delivered to the claimant under bond, the collector may request the district attorney to apply to the court. for an order to sell the property, the proceeds to be held by the court pending determination of the forfeiture proceedings. 454 ENFORCEMENT OF CUSTOMS REVENUE LAWS. t § 5°83. Art. 925. Remission or mitigation of fines, penalties and 5s ne pate forfeitures—Amount not exceeding $1,000.—The Secretary ra, 110" OS, of the Treasury may, upon application, remit or miti- 4308, "1gso0, Zate a fine, penalty, or forfeiture imposed under the 37949, 18710, customs-revenue laws, if in his opinion it was incurred without willful negligence or fraud, and the amount does not exceed $1,000. T. D. 8112. Customs officers will inform interested parties of their right to apply to the Secretary for relief, and will de- T. D. 22492. posit moneys paid to them on-account of fines, penalties, and forfeitures, the remission of which has been applied for, with the nearest authorized depositary in the nature of disbursing funds, to the depositors’ official credit and subject to their official check. T. D. 32088. The written application of the claimant for relief should be addressed to the Secretary of the Treasury and forwarded to the Department directly or through the collector. In the latter event a full report of the facts and the collector’s recommendation should be transmit- ted with the application. Further proceedings will be held in abeyance pending action by the Department. 9 8, 838, Art. 926. Proceedings for remission or mitigation—Amount ieift June 22, exceeding $1,000.—When the value of the merchandise, i The, 480; or fine or penalty incurred exceeds $1,000 the following enue 29728, procedure is necessary to secure a remission or mitigation by the Secretary of the Treasury: The person charged with having incurred such fine, penalty, or forfeiture, or who is interested in the vessel or merchandise seized or subject to seizure, must present his petition to the judge of the district court in which the violation occurred or in which the property is situated, setting forth the facts in the case and praying for relief. The court will thereupon fix a time for the taking of testimony, of which time the district attorney and the collector must be notified by the petitioner, in order that they may attend and show cause why the petition should be denied. The testimony may be taken before the judge to whom the petition is presented, or, if he shall so direct, before any United States commissioner for the district, and the facts appearing thereon shall be stated and annexed to the petition, which, with a certified copy of the evidence, shall be transmitted to the Secretary of the Treasury. ENFORCEMENT OF CUSTOMS REVENUE LAWS. 455 If the Secretary of the Treasury shall be of the go Rg¢"di opinion and shall find that the fine, penalty, forfeiture, 985, a8: Boe or disability was incurred without willful negligence 7 ?: 18253, or any intention of fraud by the person incurring the same, he may remit or mitigate such fine, penalty, or forfeiture, or remove the disability and direct the prose- cution, if any shall have been instituted, to be discon- tinued, upon such terms and conditions as he may deem reasonable and just. : Art, 927. Compromises.—Upon a report by a district at- 8, S),30°0), torney or any special attorney, collector of customs, or 1874) 52 4368, agent having charge of any claim in favor of the United *1?7° States, showing in detail the condition of such claim and the terms upon which the same may be compromised, and recommending that it be compromised upon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise the claim accordingly, if it be one of doubtful recovery. No offer of compromise of any claim in favor of the United States in which a specific sum of money is offered under section 3469, Revised Statutes, will be considered ‘until such sum, together with costs of suit, if any, shall have been deposited to the credit of the Secretary’s spe- cial-deposit account with the Treasurer or an assistant treasurer of the United States or a national-bank deposi- tary and the certificate issued therefor is received at the department. If the offer be rejected, the money will be returned to the proponent; if accepted, it will be covered into the Treasury. The amount offered and the terms on which the offer T. D. 31489. is made should be in writing and limited to the civil liability of the proponent in the matter or matters the subject of the Government’s claim. To enable a proponent at a distance from any such T. D. 35043. office or bank to perfect his offer, the Secretary will re- ceive for this purpose a bank draft for the amount of the offer, payable to his order at any of the principal cities of the United States, the draft to be collected by him and the proceeds placed to the credit of his ac- count before any action is taken upon the offer. The Treasurer, assistant treasurers, and depositary banks will issue for such deposits certificates in duplicate, on Form T. Ds. 4332, 23241, 35043. 456 ENFORCEMENT OF CUSTOMS REVENUE LAWS. 1717 Assistant Treasurers (Form 12 national banks), the original to be transmitted to the Treasurer of the United States and the duplicate to the depositor. eee 80, aity- Section 3469, Revised Statutes, does not confer power T.'D. 5690. to remit or releawe any portion of a collectible judgment on consideration of hardship to individuals. The author- ity to compromise relates to claims of doubtful recovery. R. S., 1047, Act June 22, Art. 928. Limitation to proceedings for forfeiture-—No 1874, sec. 22. suit or action to recover any pecuniary penalty or for- Dae 0 Red y feiture of property accruing under the customs revenue Rep, 240 ce. laws will be instituted antes gach suit or action be com- So $72q72 menced within three years after the time when such pen- 197 Fed. Rep. alty or forfeiture accrued. T. D. 27876. The time of the absence from the United States of the person subject to such penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within this period of limitation. iis ge Hh Art. 929. Burden of proof in forfeiture cases.—In all suits ars. T, 4A, or informations brought where seizure has been made pursuant to any act providing for or regulating the col- lection of duties on imports or tonnage, if the property-is claimed by any person, the burden of proof lies upon such claimant, and in all actions or proceedings for the recovery of the value of merchandise imported contrary to any such acts the burden of proof is upon the de- fendant, provided probable cause is shown for such pros- ecution, to be judged by the court. B80... Art. 930. Certificate of reasonable cause—Costs.—When, Bgtaymes,.i41 in any prosecution on account of the seizure of any vessel Biers a or merchandise, made by any collector or other officer, etc 147 Fed. judgment is rendered for the claimant, but it appears to the court there was reasonable cause of seizure, the court may enter a certificate thereof, and the claimant will not in any case be entitled to costs, nor will the person who made the seizure or the prosecutor be liable to suit or judgment on account of such suit or prosecution if the vessel or merchandise be, after judgment, forthwith re- turned to such claimant or his agent. ae Fae Art, 931. Disposition of proceeds of fines, penalties, and forfeitures—From the proceeds of fines, penalties, and forfeitures there shall be paid: R.S., 3077. (q) All proper expenses of the proceedings to enforce the same, including expenses of seizure of property, its custody, and sale. B. T. D. 22226. ENFORCEMENT OF CUSTOMS REVENUE LaWs. 457 (6) Liens for freight, charges, and contributions in RB. 8., 2981. general average of which notice shall have been given according to law. The entire residue of all proceeds of the sale of prop- , Act Jung 22, erty seized under the laws relating to the customs lr Rama adie be deposited in the Treasury after payment of above charges and expenses. AWARDS OF COMPENSATION. Art. 932. Awards in claims for compensation.—Persons raigt June,22, who shall detect and seize goods, wares, or merchandise , T. T. Ds. 8915, 0578, (22825, in the act of being smuggled, or which have been 30426. smuggled, shall be entitled to such compensation therefor as the Secretary of the Treasury may award, not exceed- ing in amount one-half of the net proceeds, if any, re- sulting from such seizure, after deducting all duties, costs, and charges connected therewith. For this purpose smuggling shall be construed to mean the act, with intent to defraud, of bringing into the United States, or, with like intent, attempting to bring into the United States, dutiable articles without passing the same, or the package containing the same, through the custemhouse, or submitting them to the offi- cers of the revenue for examination. Any person not an officer of the United States who ‘1. p. 14881. shall furnish to a district attorney, or to any chief offi- cer of the customs, original information concerning any fraud upon the customs revenue, perpetrated or contem- plated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or forfeiture incurred, such compensation may, on such recovery, be paid under direction of the Secretary of the Treasury to the person furnishing such information as shall be just and reason- able, not exceeding in any case the sum of $5,000. No claims of either informers or detectors and seizors_ T. D. 8915. for compensation should be forwarded to the Department unless a sum not less than $5 is available for an award. Fines and penalties imposed by courts will not be 7. D. 27406. considered in making awards to detectors and seizors, but they will be considered by the Department in making awards of compensation to informers. Detectors and seizors may be awarded an amount equal. D. 10806. to 35 per cent of the net proceeds. Informers may be awarded an amount equal to 25 per cent, provided that such amount does not exceed $5,000 in any one case. 458 T. D. 33067. T. D. 10806. T. D. 34452. T. Ds. 32650, 33067. ENFORCEMENT OF CUSTOMS REVENUE LAWS. All claims of informers should be submitted in dupli- cate on Customs Forms 4623a, and 4623b, on which will be shown, in addition to the claim and the certificate of the collector, a report giving the details of the amount real- ized from the fine, judgment, accepted offer in compro- mise, duties withheld, or proceeds of sale upon which the claim is based. Collectors are not authorized to pay claims out of pro- ceeds of sale. The payment of the reward for information furnished concerning violations of the act of January 17, 1914, amending the opium act of February 9, 1909, will be made by the court exercising jurisdiction in cases involv- ing violations of the law mentioned. Art. 933. Claims for compensation—What to contain.— The claim of an informer, or of a detector and seizor, shall be in writing, and must clearly state the facts in the case, the date when and under what circumstances the information was furnished, or the articles were detected and seized. The signature and address of the informer or detector or seizor must be affixed to the application. The collector of the district in which the case origi- nated will state on the face of each claim the following facts: (a) The name of the port or place where the case originated. (6) The date upon which the seizure was made or upon which the violation of the law occurred. (c) The precise statute violated. (d) The serial number of the seizure, fine, or duty case upon which it is based. (e) A full description of the articles seized. (f) The name or names of the persons involved in the violation. (g) Where seizures are released upon payment of the appraised value and expenses, the precise amount of the appraised value of the articles, as well as the duties and expenses that would have properly accrued. (Ak) The amount of fine, if any, and date collected. (4) The amount paid in compromise, if any, and the date of collecting. (j) The date where the amount collected or released was deposited and the number of the certificate of deposit. The claim must be approved by such collector, who ENFORCEMENT OF CUSTOMS REVENUE LAWS. will certify whether or not the claimant, if an informer, furnished the original information in the case; and whether or not at the time the information was furnished the claimant was an officer‘of the United States; and in the case of a detector and seizor, whether the claimant actually detected and seized the goods covered by the seizure report under which the claim is made, and that no other person than the claimant gave original informa- tion in the case. Should it be impracticable for an informer to convey the information directly to the collector, it may be com- municated to the Department, to a special agent, to a deputy collector, or to a subordinate officer of the customs. Original awards of compensation will be retained in the files of the collector’s office, and will not be forwarded with accounts to the Auditor for the Treasury Depart- ment. Payees in cases of awards for compensation will sign a receipt in full satisfaction of their claims, which receipts will be forwarded to the Auditor for the Treasury De- partment with the collector’s accounts. 459 Art. 934, Collectors to transmit claims to Secretary of the , Act Jung 22, Treasury. —Applications for compensation as informer or detector and seizor will be transmitted by the collector to the Secretary of the Treasury. When there has been a decree or order of court desig- nating the informer, a copy should be forwarded to the department. In contested cases the collector will forward the appli- cations of all the claimants, and furnish a statement of facts as to the merits of the case with his recommenda- tion. Persons whose claims for compensation have not, for any reason, been transmitted by the collector, may apply directly to the department. Art, 935. Sharing of awards with customs officers pro- 1 ts, “615, 067. T. D. 14005 (Act June 22, hibited— Officers of the customs are prohibited from 1874, sec. 7). either directly or indirectly receiving, accepting, or con- tracting for any portion of the money which may accrue to any person furnishing information, and any officer who shall receive, accept, or contract for any portion of such money shall be subject to removal from the service. Any officer so receiving, accepting, or contracting for any por- tion of an award made or to be made in cases other than 460 Act Mar. 4, 1909, Fed. Pe- nal Code, ‘sec. 145. Act Oct. 3, 1913, sec. III, par, AA, Act Mar. 4, 1909, Fed. Pe- nal Code, sec. 67. ENFORCEMENT OF CUSTOMS REVENUE LAWS. smuggling, will be guilty of a misdemeanor, and on con- viction is liable to a fine not exceeding $5,000 or to im- prisonment for not more than one year, or both, and will be thereafter ineligible to any office of honor, trust or emolument. Art. 936. Extortion by informer.—Whoever, under a threat of informing, or as a consideration for not inform- ing of any violation of any law of the United States, de- mands or receives any money or other valuable thing, is subject to a fine of not more than $2,000, or to imprison- ment for not more than one year, or both. OFFENSES AGAINST THE ADMINISTRATION OF THE CUSTOMS. Art. 937. Bribery of revenue officers and employees—Offer- ing presents to.—Any person who shall give, or offer to give, or promise to give, any money or thing of value, directly or indirectly, to any officer or employee of the United States in consideration of or for any act or omis- sion contrary to law in connection with or pertaining to the importation, appraisement, entry, examination, or inspection of goods, wares, or merchandise, including baggage or of the liquidation of the entry thereof, or shall by threats or demands or promises of any character attempt to improperly influence or control any such officer or employee of the United States as to the per- formance of his official duties, shall, on conviction thereof, be subject to a fine of not exceeding $2,000, or to im- prisonment at hard labor for not more than one year, or both; and evidence of such giving, or offering, or promising to give, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that such giving or offering or promising was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not done with an unlawful intention. Whoever being engaged in the importation into the United States of any goods, wares, or merchandise, or being interested, as principal, clerk, or agent, in the entry of any goods, wares, or merchandise, shall at any time make, or offer to make, to any officer of the revenue, any gratuity or present of money or other thing of value, will be subject to a fine of not more than $5,000 or to imprisonment for not more than 2 years, or both. ENFORCEMENT OF CUSTOMS REVENUE LAWS. 461 Art. 938. Officers or employees of the United States solicit- ,,i¢t Oct} ing or receiving gratuities—Any officer or employee of the Pa. BB United States who shall, excepting for lawful duties or fees, solicit, demand, exact, or receive from any person, directly or indirectly, any money or thing of value in connection with or pertaining to the importation, ap- ‘praisement, entry, examination, or inspection of goods, wares, or merchandise, including baggage or liquidation of the entry thereof, on conviction thereof shall be subject to a fine not’ exceeding $5,000 or to imprisonment at hard labor for not more than two years, or both; and evidence of such soliciting, demanding, exacting, or re- ceiving, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that such soliciting, demanding, exacting, or receiving was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not with an unlawful intention. Art. 939. Admitting merchandise to entry for less than 1905" pene legal duty—If an officer of the customs by any means aa Code,” sec. whatever knowingly admits or aids in admitting to entry , .U Dera ut 1% any goods, wares, or merchandise upon payment of less Fed. B., 766 than the amount of duty legally due thereon he will be removed from office and be subject to a fine of not more than $5,000 or to imprisonment for not more than 2 years, or both. Art. 940. Entry by false weight, measure, ete—Whoever, %.5- a by any means whatever, shall knowingly effect or aid in 190% ,¥ed. Fe: effecting any entry of any goods, wares, or merchandise ,, . ,, po. at less than the true weight or measure thereof, or upon senthal, 126 a false classificaticn thereof as to quality or weil or by , . Bs 8304, the payment of less than the amount of duty legally due thereon, will be subject to a fine of not more than $5,000 or to imprisonment for not more than 2 years, or both. Art. 941. Destroying or mutilating records and docu- ,,Act Mar._4, 909. ments.—Whoever shall willfully and unlawfully conceal hal Codey a 2128 and 129. remove, mutilate, cbliterate, or destroy, or attempt to do so, or shall take and carry away any record or document filed with any public officer of the United States will be subject to a fine of not more than $2,000 or to imprison- ment for not more than 3 years, or both. Whoever having custody of any such record or docu- ;9%5t Aap ment shall willfully and unlawfully conceal, remove, 23}, Code see. mutilate, obliterate, falsify, or destroy the same will be 462 ENFORCEMENT OF CUSTOMS REVENUE LAWS. subject to a fine of not more than $2,000 or to imprison- ment for not more than 3 years, or both, and will, in addition, forfeit his office and be forever disqualified from holding any office under the Government of the United States. 1905 Rea ps: Art. 942. Forgery of certificate of entry.—Whoever shall nal Code, ‘see. forge, counterfeit, or falsely alter a certificate of entry made or required to be made in pursuance of law by any _ Officer of the customs, or shall knowingly use any such forged, counterfeited, or falsely altered certificate, will upon conviction be subject to a fine of not more than $10,000 and to imprisonment for not more than 8 years. 1905" fMar4 Art. 948. Falsely assuming to be a revenue officer.— Who- net Code,’ sec. ever shall falsely represent himself to be a revenue officer, 119 Reroye and, in such assumed character, demand or receive any 482; U. 8.9, money or other article of value from any person for any Fed. R., 478. Guty or tax due to the United States, or for any viola- tion or pretended violation of any revenue law of the United States, will upon conviction be subject to a fine of not more than $500, and to imprisonment for not more than 2 years. 1905 pea pe. Art. 944. Conspiracy.—If two or more persons conspire nal Code, sec. gither to commit any offense against the United States 20635. *» or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy each of the parties to such conspiracy will be subject to a fine of not more than $10,000 or to imprisonment for not more than 2 years, or both. gist Feb. 12, [very person engaged in the importation of goods R. S., 3082. from any foreign country who enters into a conspiracy, trust, agreement, or contract intended to operate in re- straint of lawful trade, or free competition, or to increase the market price in the United States of any article im- ported, or of any manufacture into which such articles enter, will upon conviction be subject to a fine of not less than $100 and not exceeding $5,000, and be further punished, in the discretion of the court, by imprisonment for not less than 3 months nor exceeding 12 months. Any merchandise owned under any such contract, or by any such combination, or pursuant to any such con- spiracy, which has been imported into the United States, may be seized and forfeited in the manner provided for the forfeiture of merchandise imported contrary to law. CHAPTER XX. RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS AND ACCOUNT- ING THEREFOR. RECEIPTS, DISBURSEMENTs—continued. Art, Art. 945. Coins and paper currency. 962. Approval of estimates, 946. Certified bank and travelers’ | 963. Authorizations for expenditures. checks. 964. Disbursements to be made at 947. Debenture certificates. headquarters port. 948. Legal weights. 965. How disbursements are made. 949. Cashiers sole recipients of moneys | 966. Vouchers. collected. 967. Preparation of vouchers and pay 950. Register of collections. rolls, 951. Receipts for collections. 968. Computation of salaries, 952. Deposit of collections—Deposita- | 969. Oath before payment of compen- ries. sation. 953. Certificates of deposit—Form and | 970. Disbursing accounts. disposition. 971. Duplicate checks. 954. Disposition of collections in ab- sence of depositary. FINANCIAL RECORDS AND RENDERING AC- 955. Cashier’s report. COUNTS. 956. Special deposits, : . 957. Reports of moneys received and ide Danly eniuies. ‘ 973. Accounts. deposited. 974. Accounts under statutory bonds. DISBURSEMENTS. 975. Accounts under voluntary bonds. 976. Instructions on accounts and 958. Disbursing officers. vouchers. 959. Numerical symbols for disbursing | 977. Signing of accounts. officers. 978. Closing accounts — Retiring offi- 960. Deputy collectors’ signatures to cers—New bond—End of fiscal checks. year. 961. Estimates. 979, Retained records and vouchers, RECEIPTS. Art. 945. Coins and paper currency.—The following asks 82, 347% moneys of the United States are receivable for duties: oi Gold coins of the United States at their nominal value, in unlimited sums, provided the loss of weight by abra- sion or ordinary wear does not exceed one-half of 1 per cent in 20 years or in that proportion for a shorter period of circulation. Silver dollars of the United States, other than trade , st Reb. 28 dollars, at their nominal value, in unlimited sums. cer L., 25, 463 464 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. aeigt Jone Silver half dollars, quarter dollars, and dimes, at their Stat. L., 8). nominal value, in sums not exceeding $10 in any one payment. KoPSert 56, Minor coins of the United States, the 5-cent piece and Ree’ pe ane n (26 the 1-cent piece, at their nominal value, for any amount ie Bee: Bs not exceeding 25 cents in any one payment. §38 Stat. L.. No distinction will be made on account of the date of the coinage or denomination of any silver or minor coins. 380, 33000 *" United States demand notes, United States Treasury a (ig notes, gold and silver certificates of the United States, aie a 796), and Federal reserve notes issued under the provisions ae 3 (26 of the “Federal reserve act” of December 28, 1913, at their face value, in unlimited amounts. R. 8. 5182. The circulating notes of national banks, at their face value, in unlimited amounts, are receivable for all pay- ments other than duties on imports. (ant Brat??9S Art. 946. Certified bank and travelers’ checks. —Certified Cw. checks are receivable for duties on imports and for pay- ment of all public dues, including, special customs de- posits, when drawn in favor of the collector on national and State banks and trust companies located in the same city as the depositary with which such checks will be deposited, provided that no person who shall have ten- - dered a certified check as provisional payment of duties or public dues of any kind shall be released from the obligations to make ultimate payment thereof until such certified check shall be duly paid. Certified checks can also be accepted when drawn on like banks and trust companies in other cities when they can be cashed without cost to the Government. T. D. 31668. Travelers’ checks are receivable for the payment of duties when properly accepted and certified by the banks or trust companies above described. e's Bosh Art. 947. Debenture certificates——Debenture certificates for payment of drawback shall be received in payment of duties at the customhouse at which they were issued. an 8 751, Art. 948. Legal weights.—Payments in gold coin should be weighed by single pieces; but if in bulk, the coins must be separately examined and tested as far as necessary; $1 pieces must be separated from larger coins and weighed apart, and the weighing in bulk must be done by amounts of $10, $100, $1,000, or multiples thereof. R. S., 3548. In weighing coins the ounce troy and the decimals thereof are to be used. RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. 465 The standard weight and the least current weight of certain specified sums in gold coins above the dollar are as follows: Standard | Least cur- weight. |rent weight. Amount. The 5,000 pieces of gold dollars will be current when weighing not less than 266.145 ounces troy. The standard weight and the least current weight of single gold coins of the United States are as follows: Standard | Least cur- Coin. weight. |rent weight. Grains. DOM ars csessssviewemeesesmsesc cet seemdeses aenieeoireeners 25.8 25. 55 Quarter eagle oe 5 64, 178 Three dollar........-....------ Ba i 77.013 Halfeagle......--.....-----+-- si . 128, 355 GAGIO. cwanacmre Sey eereectanetes 256. 71 DOuUbI6 Cagle as. 0:65 2 oe ee cttelenew areas Nea A Seems 513. 42 Art. 949. Cashiers sole recipients of moneys collected.— At headquarters ports and ports of entry where there are regularly designated cashiers such cashiers shall be the sole recipients of all moneys collected. At other ports of entry the collector for the district may authorize the deputy in charge thereof to act as such cashier or may so authorize such other employee as he may deem advisable. Any officer so designated, or inspectors of baggage, when so authorized, shall be recipients of such moneys. Cash- iers have no authority to disburse public moneys for any purpose whatever. The cashier will stamp the fact and date of payment of all duties received by him on the face of each entry and verify the same by his signature or initials. Art. 950. Register of collections — AI] collections will be entered by the cashier in the register of collections and deposits (Customs Form 4897 or 4901). At the headquar- ters port an additional register will be kept into which will be carried the total of the daily collections of each class of receipts at each port of entry in the district which shall constitute a record of district collections. 3130°—15——80 R. §., 251. 466 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. R, 8., 3617. T. D. 33557, par. 15, T. D. 33662, R. S., 995. T. D. 24774. Art. 951. Receipts for collections —Officers of the cus- toms making collections, except in naval office districts, are required to issue a receipt for each collection on proper forms. These receipts are to be used, as nearly as possible, consecutively, as numbered, and the stubs or originals thereof forwarded at the close of the month to the collector of customs at the headquarters port for transmission to the Auditor for the Treasury Depart- ment. Deputy collectors in charge of ports of entry in naval office districts will in like manner issue receipts on the proper forms and forward the stubs or originals thereof to the collector at the headquarters port. Receipts for collections to be accounted for to the De- partment of Commerce and Department of Labor are to be issued at all ports in both naval office and nonnaval office districts, and the stubs or originals thereof are to be forwarded at the close of the month by the collectors at the headquarters port to the respective departments. Collectors and deputy collectors receiving moneys from district attorneys, marshals, and clerks of court must give receipts therefor for transmission to the Solicitor of the Treasury as evidence of payment. Art. 952. Deposit of collections—Depositaries—At each port all collections, including repayments to appropria- tions and repayments to disbursing funds, will be de- posited daily by the collector at a headquarters port or the deputy collector in charge at a port of entry in a designated depositary, if any, at the port of collection to the credit of the Treasurer of the United States in the name of the collector for the district, each such deposit showing separately the amount deposited on account of each specific source of collection. Payments made into court in cases settled by compro- mise or in satisfaction of judgments shall be deposited to the credit of the Treasurer of the United States, either by the collector of the district concerned or in his name, on account of the specific source of receipts involved in the case compromised or satisfied. When deposits of funds not pertaining to customs are made by collectors, each certificate should designate the particular branch of the public service to which it be- longs. Public moneys are not to be deposited in the name of subordinates, but in the names and in the public accounts of the collectors of customs. RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. 467 Art. 953. Certificates of deposit—Form and disposition. Each depositary will issue the certificate of deposit in sets on Form 13, National Banks, Form 1702, Assistant Treasurers (Forms 272, 274, and 2744 for New York only), as follows: For deposits at a headquarters port not in a naval- office district, in duplicate, the original to be forwarded to the Secretary of the Treasury and the duplicate to be delivered to the depositor to retain in his office. For deposits at a port of entry not in a naval-oflice district, in triplicate, the original to be forwarded to the Secretary of the Treasury and the duplicate and triplicate to be delivered to the depositor, who will for- ward the former to the collector at the headquarters port and retain the triplicate in his office. For deposits at a headquarters port in a naval-office district, in triplicate, the original to be forwarded to the Secretary of the Treasury and the duplicate and triplicate to be delivered to the depositor, who will trans- mit the duplicate to the naval officer and retain the triplicate in his office. For deposits at a port of entry in a naval-office district, in quadruplicate, the original to be forwarded to the Secretary of the Treasury, the other copies to be deliv- ered to the depositor, who will forward the duplicate and the triplicate to the collector at the headquarters and retain the quadruplicate in his office. The collector at the headquarters port will deliver the said duplicate to the naval officer and retain the triplicate in his office. In no case will a second or duplicate set of certificates be issued for any deposit except upon special authority from the Secretary of the Treasury. The depositary may, however, upon request of a collector, prepare a memorandum certificate, in addition to the required set, solely for use as an office record and not to be signed or issued. When a repayment is made to an appropriation the certificate of deposit will state the fiscal year to which it belongs. Art. 954. Disposition of collections in the absence of de- positary.—If there be no designated depositary at a port p of entry, all collections will be forwarded to the head- quarters port or deposited in a designated depositary in the district, as directed by the collector. If there be no designated depositary at a headquarters port, the col- T. D. 33351. R. S., 3615. T. D. 33557, ar. 15, 468 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. lector of the district shall apply to the Secretary of the Treasury to designate a place of deposit. All such moneys shall be transmitted from time to time to the place of deposit so designated in such manner and by such routes as may be prescribed. The charges for transportation will be paid by the Secretary of the Treasury. Art. 955. Cashier’s report.—At the close of each day the cashier at the headquarters port will prepare a statement on Customs Form 4865, showing the day’s receipts and deposits, which will be submitted to the collector, to- gether with the certificate of deposit issued therefor by the depositary. Ata port of entry the deputy collector in charge will prepare daily or weekly, as may be re- quired by the collector, a report of receipts and deposits on a form substantially the same on Customs Form 4833, which he will forward with the duplicate certificate of deposit, or duplicate and triplicate in naval office district, to the collector of the district at the headquarters port. Art. 956. Special deposits—Moneys received by customs cflicers on account of unclaimed money of deceased sea- men will be deposited in the designated depositary to the credit of the Treasurer of the United States, in general account, to the credit of the Secretary of the Treasury in Special Deposit Account No. 38; moneys re- ceived as offers of compromise, pending claims due the United States, will be deposited to the credit of the Treasurer of the United States on general account, to the credit of the Secretary of the Treasury, Special Deposit Account No. 5. Moneys received as special deposits by customs officers are to be held pending the action of the department or office having jurisdiction of the subject matter. Customs fines, additional duties pending reap- praisement, navigation fines, immigration fines, head tax, etc., will be deposited in the designated depositary to the credit of the Treasurer of the United States on general account, to the official credit of the collector and subject to his official check. In cases of special deposit, certificates of deposit will be prepared by the depositor on United States Treasurer’s Form, Cashier, in quadruplicate. The original, dupli- cate, and triplicate will be delivered to the depositary, who will date and sign the original and duplicate, and send the original to the Treasurer of the United States, deliver or mail the duplicate to the officer whose account RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. 469 is to be credited, and retain the triplicate. At ports of entry the duplicate will be forwarded to the collector at headquarters port. Art. 957. Reports of moneys received and deposited.— Collectors who deposit their receipts of public moneys daily must transmit to the Secretary of the Treasury daily reports of their receipts and deposits on Customs Form 4873. Collectors who do not deposit their receipts daily must make weekly returns of their receipts and deposits in the same manner on Customs Form 4873. Deputy collectors in charge at ports of entry will for- ward a report of collections and deposits on Customs Form 4833 to the headquarters port daily or weekly, as may be required by the collector, and also at the close of each calendar month covering all collections for that month. DISBURSEMENTS. Art. 958. Disbursing’ officers.—Collectors of customs are T. D, 9856, R. §., 255, 3048, authorized by law to act as disbursing agents, under the 3657, 3689. statutory bond given by them, for the disbursement of funds advanced to them from the appropriation for the expense of collecting the revenue from customs, de- bentures, repayment to importers of excess of deposits, funds received for services under the act of February 18, 1911, construction of public buildings within their districts, and for refunding moneys placed with them as special deposits to be held pending official action in matters under the jurisdiction of the Treasury or other Executive Departments. They also act as special dis- bursing agents of the Treasury, when so designated by the Secretary of the Treasury under the voluntary bond provided for by section 3614, Revised Statutes, for the disbursement of funds advanced from the appropria- tions for the Coast Guard, Public Health Service. and the operating force for public buildings. Special deputy collectors, or other officers or clerks when duly designated by a collector under the provisions of section 2631, Revised Statutes, with the approval of the Department may also act for the collector as dis- bursing agent under the statutory bond of the collector, who shall be responsible for their acts in that capacity. A special deputy collector, or other officer or clerk, may also act for the collector as special disbursing agent R. S., 2681, RB. S., 3614. 470 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. T. Ds. 33171, 33451. T. D, 33662, T. D. 34412, T. D. 33792. under the voluntary bond prescribed by section 3614, Revised Statutes, when designated by him in writing for that purpose, if such designation be approved by the Department, provided the sureties on such voluntary bond consent in writing to such designation. Art. 959. Numerical symbols for disbursing officers—A numerical symbol will be assigned for each disbursing officer, who shall retain the said symbol so long as he remains in the service, without reference to his official bond or bonds; provided that in case an officer serves under different official capacities, involving the setile- ment of separate accounts by the auditors of the different departments, a separate symbol will be assigned for each department or official capacity. No officer shall issue a check without having his indi- vidual symbol thereon. It is important that care be exer- cised in all cases to use the correct symbol, since checks are tabulated and charged to accounts in the Treasurer’s office in accordance with the numerical symbols. Art. 960. Deputy collectors’ signatures to checks.—In all cases where deputy collectors of customs sign checks that are to be charged to the accounts of collectors of customs the name and title of the collector for whom the deputy signs should be plainly stamped above the signature of the deputy. The deputy’s signature should be preceded by the word “by,” and below the signature should appear the words “Special Deputy Collector of Customs,” or “Deputy Collector of Customs,” as the case may be. Art. 961. Estimates—Estimates for funds on Customs Form 4803, covering expenses of collecting the revenue from customs in each customs district, shall be forwarded by the collector thereof to the Department monthly (ex- cepting that the district of Alaska shall estimate quar- terly) for amounts required for the payment of author- ized expenditures. Such estimates shall embrace the required period of time and specify the object or objects of the expenditure. Any balance of funds on hand will be correctly stated and deductions made therefor. Com- pensation for vacant positions must not be included. In case a vacancy existing at time of forwarding the esti- mate shall be filled prior to the 16th of the month, a sup- plementary estimate for an amount sufficient to pay such compensation may be made. If such vacancy be filled on or after the 16th of the month the compensation therefor will be included in the next month’s estimates. RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. Except in cases of imperative necessity and upon im- mediate notification to the Department, no expenses pay- able out of the appropriation “Collecting the revenue from customs” shall be incurred without previous au- thority from the Department. Supplemental or regular estimates for such expenditures must not be made until they have been specifically authorized by the Department. To obtain funds for the payment of night service for lading and unlading vessels, under the act of February 18, 1911, there must be forwarded monthly a special esti- mate showing the amount necessary to pay for such serv- ices; that the money has been collected and deposited; and the number and date of the certificates of deposit. Advances will be made on such estimates from the special funds so deposited. Estimates for funds should be mailed to the Depart- ment not later than the fifth day of each month. Estimates for the payment of debenture certificates and excess of deposits will be included with the estimate for collecting the revenue from customs on Customs Form 4803. No advance of funds will be made to collectors unless their monthly accounts for the preceding month have been mailed to the Auditor for the Treasury Depart- ment within the time prescribed by law. Art. 962. Approval of estimates——Upon approval of the | estimate a warrant will be issued for the authorized amount, drawn on the Treasurer of the United States to the official credit of the disbursing officer or agent whose estimate has been so approved. A Treasurer’s receipt will be forwarded by the Treasurer to such disbursing officer or agent describing the warrant and showing the official credit entered in his account with the Treasurer, The approval of estimates and the advance of funds thereon is not a final approval of the ensuing expendi- ture, it being the province of the accounting officers of the department to pass finally upon the legality of public expenditures when the accounts and vouchers relating thereto are forwarded for examination and settlement. Art. 963. Authorizations for expenditures—Unless the exigencies of the service require immediate delivery of an article or performance of a service, no expense payable from the appropriation “Collecting the revenue from customs” should be incurred without previous authoriza- tion from the Department. A departmental letter mak- 471 T. D. 31823. T. D. 34412. Act J ay pe sec, 1894, T. ‘Ds. 32710, 3113, T. D. 32710. 472 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. T. D. 33557, par. 16. R. S., 3620. Cir, 102, Dec. T. D. 28357, par. 6. ing an appointment in the customs service constitutes authorization for the payment of the person appointed. Requests for authority to make expenditures payable from such appropriation should be made so far as is practicable on Customs Form 4801 in quadruplicate, and if it be an exigency expenditure already incurred such fact should be expressly stated. Authority for officers to travel outside the collection district in which appointed, and to incur expenses inci- dent thereto, must be secured from the Department in advance, except in cases of imperative emergency. No expenses not previously authorized by the Depart- ment should be included in estimates. Art. 964. Disbursements to be made at headquarters port.—All disbursements, including debentures and re- payment to importers of excess of deposits, will be made only at the headquarters port. Pay rolls and vouchers covering services rendered at ports of entry will be for- warded monthly or semimonthly to the headquarters port and payment therefor will be made by check. Art. 965. How disbursements are made.—Disbursements of public money are to be made by checks drawn by the disbursing officers upon the Treasurer of the United States in favor of the party, by name, to whom payment is to be made, and payable to order, with the following exceptions: (1) To make payments of amounts not exceeding $20, (2) to make payments at a distance from a depositary, and (3) to make payments of fixed salaries due at a cer- tain period, in any of which cases any disbursing officer may draw his check in favor of himself, or “ order,” for such amount as may be necessary for such payment, but in the last-named case the check must be drawn not more than two days before the payments become due. Disbursing officers shall make cash payments only in cases herein authorized, and then in only those cases in which the payment is made by the disbursing officer in person, or by his deputy, and the exchange of money and the receipt therefor is simultaneous. When payment is made in money it must be evidenced by a statement of such fact in the receipt, in substantially the following form (except upon pay rolls which shall embody instructions calculated to insure the receipt RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. thereof only under the conditions laid down in the form given in this article) : Received from in cash, the sum of ment of voucher No. in person, or by his deputy, and dollars and cents, in full pay- » account Art. 966. Vouchers——No receipts for moneys paid by disbursing officers’ checks shall be required or taken by disbursing officers except where receipts are required either by law or contract. Disbursing officers will note on vouchers for which payments are made by check the date, number, name of payee, and amount of the check. All vouchers for payment by disbursing officers, ex- cept those required by law or regulation to be verified by affidavit, shall be certified by the claimant as correct and just, except that vouchers for personal compensation for services rendered under the supervision of an ad- ministrative officer and so certified by him need not be certified by the claimant, provided the voucher describes specifically the position, the rate of compensation, and period covered. Disbursing officers shall identify their official checks with the vouchers upon which they are issued in pay- ment by noting on each check the number or other neces- sary description of the voucher. Unless required by law, vouchers shall not be taken in duplicate, triplicate, etc. Only one copy of a voucher, the original, shall contain signed certifications, approvals, and receipts. As many copies, in memorandum form, duly authenticated, if desired, may be taken as adminis- trative requirements demand. Art. 967. Preparation of vouchers and pay rolls.——The following rules in regard to vouchers and pay rolls must be strictly observed : When required, vouchers, including pay rolls, must be taken for all disbursements of public moneys and transmitted to the proper officer in support of accounts. FORM. They must be in exact conformity with law and the terms, conditions, and requirements of the Department, as evidenced on the voucher, including pay roll. DUPLICATE. They must not be taken in duplicate, except in cases required by law. 473 474 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. IN WHOSE FAVOR DRAWN. They must be in the name of the person, persons, firm, or corporation furnishing the service or supplies, except in the case of petty expenditures, when they may be in the name of the employee making the payment. AUTHORITY. They must clearly set forth the transactions or pay- ments to which they relate and cite the laws, regulations, contract, and departmental authorization under which the expenditure was or is to be made. SIGNATURES. Signatures made by mark must be attested in each case by some disinterested witness. ERASURES OR CHANGES, No erasure, interlineation, or change of any kind or character in a voucher, including pay roll, after the sig- nature of any officer, clerk, or employee has been placed thereon, will be permitted. When corrections or changes are necessary, the voucher, including pay roll, must be returned to the office of issue for such purpose, and such changes or corrections must be initialed by the certifying officer. FIGURES. Each figure in a voucher, including pay roll, shall be separate and distinct and not joined to any other. DATES. The dates appearing on receipts and vouchers, includ- ing pay rolls, must always be the actual dates of the transactions recorded or action taken thereon. CERTIFICATIONS. Vouchers, including pay rolls, must contain a certifi- cate that the articles have been received or the service performed, as the case may be, and that they were neces- sary for the public interests; that they were furnished under contract after due advertisement, or that the exi- gencies of the service required the immediate purchase of RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. the articles or the performance of the service, and that the prices paid or to be paid were just and reasonable. Receipts or subvouchers for items contained in vouch- ers, including pay rolls, must accompany the voucher or pay roll to which they relate. PAY ROLLS. Vouchers for personal service under the same appro- priation, except to occasional inspectors of customs, may be in the form of pay rolls. TRANSMISSION. Except in cases otherwise provided, vouchers, includ- ing pay rolls, with receipts, must be transmitted in sup- port of accounts to the Department during the fiscal year for which the expense was incurred or as soon thereafter ag may be practicable. APPROPRIATION. The appropriation for the year to which expenditures are chargeable is determined, not by the date of authoriza- tion or date of payment, but in the case of personal serv- ice, by the time when the service is performed; in the case of rent, by the time covered by the rent; and when mate- rials are purchased, by the date of purchase, if imme- diately delivered, and if contracted for for the fiscal year, will be determined by tle terms of the contract. Art. 968. Computation of salaries.—For the purpose of computing annual or monthly salaries and compensation, each calendar month shall consist of 30 days, and the computation of salary shall be by each month separately, one-twelfth of an annual salary constituting the com- pensation for each month. One-thirtieth of a monthly installment of salary is to be allowed for each day of service from the 1st to the 30th, inclusive, and treating the last day of February to count as three days of service (two days in leap years). The 31st day of a month enters into the computation of salary only where there is one day’s absence in a non- pay status on that day, in which case deduct one day’s pay. If the absence in a nonpay status occurs also on the 30th, ignore the 31st day and deduct one day’s pay for the 30th—that is, deduct only one day’s pay for the two days’ absence. 475 T. D. 34705. 476 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. pe? fom: A person appointed on the last day of February will receive three days’ pay (in leap years two days’ pay) and when appointed on the 31st day of a month will receive no salary or compensation for said day’s service. 1760°"2 aan Art. 969. Oath before payment of compensation All offi- 2098: cers and employees must, before receiving any pay, cer- tify on oath or affirmation in each case, that the services charged have been performed; that,the full sum claimed is for the use and benefit of the officer himself; that no part has, in fact or intent, been assigned or appropriated to the use of any other persons, and that there has not been any gift or payment, directly or indirectly, as re- ward, compensation, or consideration for the employ- ment or emoluments enjoyed by the officer; that during the period for which he is to receive pay neither he, nor any member of his family, has received, either person- ally or by the intervention of another party, any money or compensation of any description whatever, nor any promises for the same, either directly or indirectly, for services rendered or to be rendered, or acts performed or to be performed, in connection with the customs; or has purchased, for like services or acts, from any importer, consignee, agent, or customhouse broker, or other person whomsoever, any merchandise at less than regular retail market prices therefor. Art. 970. Disbursing accounts.—All disbursing officers who for any reason are required to render separate and distinct accounts to the Auditor:for the Treasury Depart- ment shall keep separate and distinct accounts of their funds in the Government depositaries and shall designate such several depositary accounts on their vouchers, requi- sitions, deposits, and accounts current. The balances acknowledged by disbursing officers and their analyses thereof must actually represent the state of their business at the close of the last day for which the accounts are rendered. They must so order their busi- ness that they may, when called upon so to do, close their accounts and analyze their acknowledged balances. All transactions coming within the time covered by an account shall be reported therein. No payments or col- lections not actually made during the period of an ac- count shall be included therein. Each officer disbursing in part by cash and drawing his official checks to obtain cash to make payments shall render with his account current a subsidiary cash ac- RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. 477 count, the balance of which shall agree or be reconciled with his cash as shown by his analysis of balance with his account current. Art. 971. Duplicate checks——To procure a duplicate se check the party in interest must furnish the disbursing officer who issued the original with an affidavit, giving his name and address, describing the check and its in- dorsements, showing his interest therein, detailing the circumstances attending its loss, and what action, if any, he has taken to stop the payment thereon. In addition he will file with said disbursing officer a bond in the form prescribed by the Department. Blank bonds will be furnished by the Department upon appli- cation. Upon receipt of the affidavit and bond the disbursing officer will issue a duplicate check after the expiration of six months from date of the original in case the amount exceeds $50, and after the expiration of 30 days from said date in case the amount is $50 or less. After indorsing on the affidavit and bond that they were submitted to him and are the proof and security upon which he issued the duplicate check, the disbursing officer will forward them with the duplicate check to the Secretary of the Treasury. If the issuance of the duplicate check is approved, the Secretary will so indorse thereon and return it to the disbursing officer for delivery. FINANCIAL RECORDS AND RENDERING ACCOUNTS. Art. 972. Daily entries—Customs officers charged with the duty of receiving, depositing, and disbursing public moneys must keep accurate records in books provided for that purpose of all their receipts, deposits, and dis- bursements, and must promptly render to the proper bureau such accounts as may be required by law or regu- lation. A daily record of disbursements, Customs Form 4903, will be kept by collectors, and a statement of balances of all accounts required to be rendered by collectors will be made up at the close of business each day in the book pre- scribed for the purpose. Art. 973. Accounts——Accounts of the receipt and dis- oursement of moneys by collectors of customs under their R. S., 3646, T."D. 29110. R. S., 2640, Act July 31 1894, sec. 13 (28 Stat. L., statutory bonds as such and under their voluntary bonds*"?'p, 10039 is special disbursing agents, shall be rendered monthly, ind forwarded within 10 days after the expiration of Cir. 99, Oct. 22, 1890, 478 RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS. R. S., 2631. each month, accompanied by the schedules and vouchers necessary to the settlement thereof. When there is only one item under any one head of receipt or expenditure, such item may be entered sepa- rately in the account current; but when there are two or more items falling under any one specific title, a sepa- rate schedule of the receipts or expenditures under that title should be made, and only the title of such receipts or disbursements should be entered in the account. Art. 974. Accounts under statutory bonds.—The accounts under statutory bond must include all moneys received and disbursed by collectors in the discharge of their statutory duties as collectors of customs. In accounts, Customs Forms 4939 and 4941, collectors will credit the United States with all moneys received on account cf various receipts from customs, customs fines, penalties and forfeitures, penalties on bonds, services and expenses of officers, storage, labor, and drayage, cus- toms fees, costs in customs suits, interest on debts col- lected, proceeds of sale of samples, night services of officers and employees (act of February 13, 1911), cording and sealing, proceeds of sale of Government property, re- appraisement and protest fees, sale of blank forms, trav- eling expenses of examiners, etc., and with all moneys advanced from the Treasury under the appropriations for expenses of collecting the revenue from customs, de- bentures and drawbacks, repayments to importers, excess of deposits for unascertained duties, compensation in lieu of moieties, and construction of public buildings. On accounts, Customs Forms 4939 and 4941, collectors will charge the United States with all authorized dis- bursements on account of salaries, rents, office expenses, refunds to importers, drawback, compensation in lieu of moieties, and construction of public buildings, and with all moneys deposited on account of any of the items enumerated above. On Customs Forms 4945 or 4947 collectors will account for special deposits received by them and deposited to their official credit with the Treasurer of the United States, awaiting final disposition on account of gross receipts from sale of merchandise and deposits to secure landing and delivery of articles for which immediate delivery is necessary. RECEIPT AND DISBURSEMENT OF PUBLIC MONEYS, ATO Collectors will credit the United States on Commerce Form 1000 with all moneys received on account of ton- nage tax, navigation fees, navigation fines, penalties and forfeitures; and deceased passengers. All moneys received on account of head tax, immigra- tion fines and Chinese-exclusion fines will be credited to the United States on Labor Form 700. Art. 975. Accounts under voluntary bonds.~—Accounts under voluntary bonds shall be made on Customs Form 4943 and must include all moneys received and disbursed by direction of the Secretary of the Treasury not in- cluded in the accounts under the collector’s statutory bond. In these accounts will be included moneys received for care and treatment of foreign seamen, advanced for disbursement for the United States Coast Guard and Public Health Service and the operating force for public buildings. Art. 976. Instructions on accounts and vouchers.—The instructions printed on the accounts current, schedules, and vouchers relative to their rendition are made a part of these regulations and must be strictly observed. Art. 977. Signing of accounts.—All accounts must be signed by the collector, except in case of his absence or sick- ness,when they may besigned by hisspecial deputy collector. Art. 978. Closing accounts—Retiring officers—New bond— End of fiscal year—Collectors will immediately upon their retirement make up and transmit their final accounts, and deposit to the credit of the Treasurer of the United States all balances due from them. The same procedure will be followed on the day imme- diately preceding the date fixed for the approval of a new bond, of which notice will be given by the Depart- ment, and the collector will deposit all collections and disbursing funds on hand, and will immediately make requisition for funds under the new bond, and open a new series of accounts from the date of the approval of the new. bond. On June 30 of each year collectors will deposit in like manner all funds on hand, make requisition for new funds, and open on the following day new accounts for the fiscal year beginning on that day. Art. 979. Retained records and vouchers.—The retained records and memorandum vouchers of an office are the property of the Government, subject to inspection by authorized persons, and must be turned over by collectors and disbursing officers to their successors. X R. 8., 3614. R. S., 2630. CHAPTER XXI. FEES. Art. Art, 980. Customs fees. 983. Table of fees to be posted—Re- 981. Reappraisement and protest fees. ceipts to be given—Penalty. 982. Navigation fees, Art. 980. Customs fees—The following fees are to be collected from the private parties concerned, deposited to the credit of the Treasurer of the United States, re- ported on Customs Form 4847, and taken up in the ac- count current at nonnaval office ports on Customs Form 4941, and at naval office ports on Customs Form 4939, under the head of “Customs fees.” The fees in column “A” are those collectible on the seacoast, the Gulf, and western rivers; those in column “B” are collectible on the northern, northeastern, and northwestern frontiers, otherwise than by sea. Table of customs fees. Fee No. Nature of fee. A B Post entry on manifest (R. S., 2654 and 4382).......-...-.-+--- 2.00 2.00 oerads 32001) of weight issued on demand of importer (T. D. aiaieieialoteis eto /eiorateveln lake ereseicicmnw a ete een eetemeremremiae ies -20 20 8 ial’ cern under seal, of payment of duties, domanded 5 Vy PRIDOI OE ey meause Gave emrewevewusmicans are eounsmaunmnesneny 20 Certified copy of, or extract from, an invoice or bill of lading or ciner document, for use of importer and not of Customs Serv- Certificate of export requested by exporter Special permit to lade and unlade cargo : Permit to take on ballast, cargo, or coal while unlading. a Permit to take on coal before ODL Y oiipors.cciciaereis-sinintessiewteaisnlereraicrars Permit to retain foreign cargo on board destined for foreign ports (sec. 10, act of Feb. 14, 1903)....-..----.------.---+--++ 20 10 | Bond taken in case of vessel procee g toa foreign per to dis- charge foreign cargo, manifested_and detained therefor, if same be of dutiable character (T. D, 24043; R.S. , 2654, 4382). . .40 11 | Bond to unlade vessel from forei; orts alter sunset (RB s ee ! De iS) Ss WON 8 8EBBB 54, AN) 12 | Bond to lade or unlade at nig 13 ay claimant of seized goods Okaree es eo er eaerERE RRNA EREMENE RENE EKREH 40 14 | All bonds not enumerated above, other than those under the Department of Commerce (describe fully, giving articles in Customs Regulations or Treasury Decisions under which 3 S ss 8 taken, 15 | All pariticnins and permits not enumerated above, other than those under the ren of Commerce (deseribe fully, giving article in Customs Regulations or Treasury Decisions under which taken) 2 cwccsecs0sccwcswiesecieecsievoaweevecvess 20 -20 16 | The actual ex) pense ice = meclening en ging or measur- ing imported merchandise, when necessary , tbe paid by parties in interest. (R.S ? 9990, 17 | Cording and sealing merchandise in bond for transportation across the United? States, to be paid by parties in interest. 8180°—15——31 481 482 FEES. T. D. 82901. Customs officers are not required to make copies of dock books, weigher’s returns, etc., without charge. Im- porters should be permitted to make copies of such rec- ords, and the same may be certified as correct and a fee of 20 cents charged for such certification. If, however, importers prefer, they may have copies of such records made by a customs employee, and should be required to reimburse the Government for the actual cost of the labor and materials necessary therefor. The money so received should be covered into the Treasury as miscel- laneous receipts and reported to the Department under the head “ Work done by the Treasury Department.” sonst Oct & Art, 981. Reappraisement and protest fees—A fee of $1 PEs MC and is required for each entry which is the subject of an 541, importer’s appeal to reappraisement, and a fee of $1 is required to be paid with respect to each protest lodged against the collector’s decision as to the rate and amount of duties chargeable upon imported: merchandise and as to all fees and exactions, except duties on tonnage. Such fees will be deposited and covered into the Treasury under the head of “Customs reappraisement and protest fees.” Art. 982. Navigation fees—The fees set forth in the following table should be collected from the persons for whom the services were performed and deposited in the Treasury as “ Navigation fees,” in the name of the col- lector and to the credit of the Treasurer of the United States, in accordance with the requirements of Treasury Department Circular No. 47 of 1905 (T. D. 26249) and T. D. 33249, Section IV. They should be accounted for at the close of the month on Commerce Forms 1000, 1001, and 1008, as required by section 12, act of July 31, 1894 (28 Stat., 209). The fees in column “A” are those collectible on the sea- coast, the Gulf, and western rivers; those in column “B” are those collectible on the northern, northeastern, and northwestern frontiers otherwise than by sea. TABLE OF NAVIGATION FEES. ue Description of services. A B 1 Admeasurement of foreign vessels (R. S., 4153 and 4186): Tonnage length— a 50 feet: OF ISS). 2a 5.25.3 cco ccce aceek cnetniesseceeeeaccea 9, E b Over 50 and not over 100 feet... 300 100 c Over 100 and not over 150 feet... 15.00 15.00 d Over 150 and not over 200 feet. . 18.00 18.00 ~ e Over 200 and not over 250 feet...........22222.2202..2. 21.00 | 21.00 f Over 250 0th cisnasasacs vera prccvesecesepesearnenees 24.00 24.00 FEES. TABLE OF NAVIGATION FEES—Continued. Fee No. Description of services. no w 10 iL 17 18 19 20 21 m@doBB ure. nba op oe Admeasurement of foreign vessels—Continued. Each transverse section under tonnage deck.........-..--- Between decks above tonnage deck, each............-.---- Closed-in space above upper or spar deck, each............ Deductions— Propelling power. ...-...--------2--0eeeeeee eee e ce eens Crew space.......------ Mostar 's cabin....--.... eering gear.........-. Anchor gear......-..--- Boatswain’s stores. - ..- Chart house.........-...- Donkey engine and boiler. . Storage of sails........- Entry of vessel, including Ame! 5 than Canadian (R. S., 2654 and 3126): Less than 100 tons.... More than 100 tons....... Clearance of vessel, including 3 than Canadian (R. S., 2654 and 3126): Less than 100 tons. More than 100 tons Permit to foreign vessel to proceed from district to district, and receiving the manifest (R.S. ,2779, 4367, 4381; act July 5, 1884, 23 Stat., 132; D.D: 19786) se< scancswcrsncccugseseapesesinaves Receiving manifest of foreign vessel on arrival from another district, and granting a permit to unload (R.S., 2781, 4368, 4381; act July 5, 1884, 23 Stat., 132; T. D. 19786).............. Surveyors’ services other than admeasurement rendered to for- eign-going vessels, including American (R. S., 4186): ess than 100 tons, having dutiable merchandise on board. More than 100 tons, having dutiable merchandise on board. All vessels not having dutiable merchandise on board.....- Certificate setting forth the names of the owners of a registered or enrolled American vessel, when service is for other than ‘‘ to vessel”? (R. S., 4194 and 4382)... ..2- 2-2 eee eee ee eee eee eee Recording bill of sale, mortgage, hypothecation, or conveyance ofan American vessel, when service is for other than “‘to ves- sel”? (R. S., 4193 and 4382)... 2.2.2.0 2. eee ee ence eee eee eee eee Recording certificate of discharge and cancellation of any such conveyance of American vessel, when service is for other than “to vessel’? (R. S., 4193 and 4382)...-.---.--------2 eee e eee ee Certified oe of bill of sale, mortgage, or other conveyance B.S. 4195 and 4392) 9... avaarseavesit cs eisenancssusit cavers Official bond, not otherwise specially provided for, under laws relating to vessels and the entry and clearance thereof, and the movements and transportation of their cargoes, ete. {Pies ita) and 4382, sec. 10; act Feb. 14, 1903, 32 Stat., 829; i Ns 2408S) savatarayersraraaertimersisl= inisieminiale mumem minions siminiticemlecineees Certificates of payee of tonnage tax; foreign vessels........- Certificate to shipping articles by the collector (T. D. 16581)... Certificate of ownership... .... 22.0. - 2 ee eee e eee eee eee eee eee Certificates of admeasurement.....-- Ta TRS Tee R Siete alates Official certificate, not otherwise provided for, under laws relat- ing to vessels and the entry and clearance thereof and the movements and transportation of their cargoes, etc. (sec. 10, act Feb. 14, 1903, 32 Stat., 829).......--.----2--2--ee- eee ee ee Official document (other than those of United States vessels), - not before enumerated, required by any merchant or owner or master of any vessel (R. §., 2654) under laws relating to vessels and the entry and clearance thereof, and the move- ments and transportation of their cargoes, etc. (R. S., 2654 and sec. 10, act Feb. 14, 1903, 32 Stat., 829).............-.... Copy of inspection certificate of steam vessel in excess of num- per required by law (letter 50739, Department of Commerce). Copy of marine document, not otherwise provided for under laws relating to vessels and the entry and clearance thereof, and the movements and transportation of their cargoes, etc. (sec. 10, act Feb. 14, 1908, 32 Stat., 829)........-...-.-.--.+-- Copy of official document, not otherwise provided for, under laws relating to vessels and the entry and clearance thereof, and the movements and transportation of their cargoes, etc. (sec, 10, act Feb. 14, 1903, 32 Stat., 829). .....2.2.02c2e2cceeee Permit, not otherwise provided for, under laws relating to ves- sels and the entry and clearance thereof, and the movements and transportation of their cargoes, etc. (sec. 10, act Feb. 14, 1805 28 SM BIO curnrenomnnn nee aniencesoccen Gen cemeewsin -20 20 - 20 - 20 -50 -20 +20 - 20 -20 +20 -20 483 - 484 R. 8., 4385. Barber vw, Bebe 107 U. S., R. S., 2792. R. S., 2793. R. S., 4384. R. 8. 4206. R. 8., 2635. FEES. The regulations governing the documenting of ves- sels do not apply to any boat or lighter not masted, or, if masted, not decked, employed in the harbor of any town or city; nor to any boat or vessel of less than 5 tons net, nor to canal boats or barges employed on rivers and lakes of the United States and not carrying passengers. The phrase “or other official certificate” as used in section 2654, Revised Statutes, is held to embrace a cer- tificate requiring the collector’s official signature, re- quired by and given to a merchant or his agent, and not simply a memorandum between officers for the con- venience or security of the United States. Vessels used exclusively as ferryboats carrying passen- gers, baggage, and merchandise shall not be required to enter and clear, nor shall the masters of such vessels be required to present manifests, or to pay entrance or clear- ance fees, or fees for receiving or certifying manifests, but they shall, upon arrival in the United States, be re- quired to report such baggage and merchandise to the proper officer of the customs according to law. Enrolled or licensed vessels engaged in foreign and coasting trade on the northern, northeastern, and north- western frontiers of the United States, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate ports, shall not thereby become liable to the payment of entry and clearance fees or tonnage tax as if from or to foreign ports, but such vessels shall notwithstanding be required to enter and clear. All vessels subject to enrollment or license shall be liable to the payment of the fees established by law for services of customs officers incident thereto. Previous to a clearance being granted to any vessel outward bound the legal fees which shall have accrued on such vessel shall be paid at the office where such fees are respectively payable, and receipts for the same shall be produced to the collector or other officer whose duty it may be to grant clearances before a clearance is granted. Art. 983. Table of fees to be posted—Receipts to be given—Penalty—Every collector, naval officer, and sur- veyor shall cause to be affixed, and constantly kept in some public and conspicuous place of his office, a table of the rates of fees demandable by law, and shall give a receipt for the fees received by him, specifying the par- ticulars whenever required so to do; and for every failure so to do-he shall be liable to a penalty of $100, recov- erable to the use of the informer. CHAPTER XXII. CUSTOMS BONDS. Art. 984. Classes. BONDS APPROVED BY THE DEPARTMENT. 985, Execution. BONDS APPROVED BY COLLECTORS. 986. 987. 988. 989. 990. 991. 992. 993. 994. Form and execution. Penalties—Filling in of amounts. Seal. Partnerships. Corporations. Individual sureties. Partners as sureties. Corporate sureties. Same party as principal and surety—Attorney. 995. Delinquent sureties. CANCELLATION OF BONDS. 996. Export bonds. Art. 997. Statutory evidence to cancel bonds on exportation from continuous customs custody for drawback. Bonds for warehouse and imme- diate exportation. 998. 999. Exportation—When not bona fide. 1000. Cancellation of bonds by col- lectors, 1001. Extension of customs bonds by collectors. 1002. Uncanceled bonds—Report of, to Department. 1003. Collection of bonds—Report to district attorney. Cancellation by mistake or through fraud. 1004. Art. 984. Classes.—All bonds required to be given under the customs revenue statutes or the customs regulations will be known as “customs bonds” and consist of two classes, viz, those approved by the Secretary of the Treas- ury and those approved by collectors of customs. BONDS APPROVED BY THE DEPARTMENT, Art. 985. Execution.—The following bonds must be ex- ecuted in duplicate, except official bonds and bonds on Customs Form 3571 for warehouses of class 7, which must be executed in triplicate, and after execution by the principals and sureties delivered to the collector of cus- toms and forwarded by him to the Department for ap- proval, namely: Common carriers, Customs Form 3573. Bond for transportation of merchandise and for the lading and unlading of merchandise under the act of February 13, 1911, Customs Form 3587. Bonded warehouses, Customs Forms 3563, 3565, 3567, 3569, and 3571. Official bonds of collectors and other customs officers. 485 486 CUSTOMS BONDS. The names of the principals and sureties and their re- spective places of residence must appear in full in the body of the bond. Each signature must be made in the presence of two persons, who must sign their names as witnesses. Seals of wax or wafer must be attached to the signa- tures of principals and sureties, if individuals, and corpo- rate seals must be affixed to the signatures of corpora- tions. If the principal or surety on the bond be a corpora- tion there must be attached to the bond as evidence of authority to make, execute, and deliver the same and aflix the corporate seal thereto, an extract from the minutes of the meeting of the board of directors (or other board competent to bind the corporation), certified by the secre- tary of the corporation, and showing that the person exe- cuting the bond on behalf of such corporation is author- ized so to do, and the corporate seal must be affixed to the bond immediately adjoining the signature of the person executing the same. If the bond is given by a partnership, each member of the firm must execute it personally, but if any partner be unable to personally execute the bond, it may be exe- cuted in his behalf by an attorney in fact, authorized so to do by power of attorney under seal, which power, or a certified copy thereof, must accompany the bond. The names of all persons composing the firm must appear in the body of the bond as “A, B, and C, composing the the firm of A, B & Company.” All interlineations and alterations must be noted above the signatures of the wit- nesses as having been made before the execution of the bond. If individuals sign as sureties, there must be not less than two, but one corporate surety qualified under the act of Congress of August 13, 1894, will be accepted. No corporation will be accepted as surety unless qualified under said act. A list of qualified corporate surety companies will be furnished to collectors of customs by the Department quarterly. If the sureties be individuals, they must justify in amounts the aggregate of which will be equal to at least twice the penalty of the bond, and each surety must make and subscribe an affidavit of the amount he is worth, CUSTOMS BONDS. over and above all his debts and liabilities and such ex- emptions as may be allowed by law, setting forth by general description the location of one or more pieces of real estate owned by him, and the value thereof over and above all encumbrances, and describing the property, real or personal, owned by him, and the collector will execute the certificate’ attached to the bond. Married women will not be accepted as sureties. Individuals other than married women may execute powers of attorney to sign as surety on customs bonds. If limited to bonds of one or several importers, they must be named in the power. Such power must have attached a, justification of the donor in a specified amount. BONDS APPROVED BY COLLECTORS. Art. 986. Form and execution—All customs bonds other than those set forth in the preceding article will be ap- proved by the collector and remain on file in his office. In all such bonds the names of principals and sureties must be inserted in full, with the place of residence, as “We, John Doe, of the city of New York, as principal, and Richard Roe, of the city of Brooklyn, as surety.” When several principals constitute a partnership, the full name of each partner shall be inserted, omitting their addresses, and adding in lieu thereof the name and address of the partnership, as “ Composing the firm of , of the city of a The insertion of the individual names of partners, in bonds executed by a firm as principals, may be omitted when written notice of the full names of all partners embraced in such firm shall have been previously filed with the collector. _ The post-office address must follow the signature of both principal and surety. All bonds must be witnessed by at least one person. Art. 987. Penalties—Filling in of amounts.—The penalty named in any customs bond approved by the collector shall not be less than $100, except when the law or regu- lation expressly provides that a less amount may be taken. Fractional parts of a dollar will be disregarded in com- puting the penal sum, which will always be stated in the next highest round number. The penalty of the bond must be stated both in words and figures. Abbreviations should not be used, except in dates, in descriptions of 487 T. D. 23598, T. D. 29039. 488 CUSTOMS BONDS. merchandise, and the marks and numbers on packages. Lines must be drawn through all blank spaces not filled in. The penalties prescribed in the following described bonds shall be in double the amount of the estimated value of the merchandise to which the bond relates: Customs Forms 3385 and 3389. Bonds for the redelivery of unex- amined packages. The penalty prescribed in the following described bonds shall be in amount equal to double the estimated duties on the merchandise: Customs Form 3379, Bond to produce certified invoice. Customs Form 3381. Bond when triplicate invoice is wanting. Customs Form 3383. Bond of importer, consignee, or agent, to produce declaration of owner. Customs Form 3575. General export bond. Customs Form 3577. Warehousing and rewarehousing bond. Customs Form 3775. Special six-months bond for exportation. Customs Form 3777. Bond for exhibition of works of art. Customs Form 3879. Bond on withdrawal of supplies for use on vessel in foreign trade clearing coastwise. Customs Form 3911. Manufacturer’s bond—transfer. Customs Form 3373. Bond for the redelivery of articles examined at importer’s premises. Customs Form 3375. Bond to produce documents necessary to com- plete entry. Customs Form 3377. Bond to produce certificate of origin of mer- chandise from the Philippine Islands. Customs Form 3399. Bond to produce declaration of foreign ex- porter on entry of domestic products. Customs Form 3401. Bond for examination and appraisement of machinery at place of delivery or destination. Customs Form 3837. Bond on withdrawal for transportation and exportation. Customs Form 3921. Manufacturer’s bond. Customs Form 3935. Export bond for manufactured tobacco. Customs Form 3765. Transportation bond. The penalty prescribed in the following-named bonds shall be in amount equal to the duties: Customs Form 3387. General redelivery bond. destined for a foreign port. Customs Form 3223. Bond of master for due entry of residue cargo in other districts. Customs Form 3397. Bond to produce certificate of exportation of American products. Customs Form 3413, Bond on entry of merchandise under subsec- tion 5, paragraph J, section 4, act of October 3, 1913. Customs Form 3415. Bond on withdrawal of articles for the repair of vessel under subsection 6, paragraph J, section IV, act of October 3, 1913. CUSTOMS BONDS. The penalty prescribed in the following-named bonds will be in amount to be fixed by the collector sufficient to protect the revenue: Customs Form 3209, Special bond for lading or unlading (under preliminary entry) by day or by night. Customs Form 3387. General redelivery bond. Customs Form 3405. Six months’ bond to produce owner’s or con- signee’s declaration. Customs Form 3407. Six months’ bond to produce certified invoice. Customs Form 3409. Six months’ bond to produce certificate of ex- portation of American products. Customs Form 3895. Six months’ bond for the examination of im- ported tea. The penalty prescribed in the following-named bonds shall be as follows: Customs Form 3199. General special lay order permit bond for indemnity.—$50,000. Customs Form 3398. Redelivery of unexamined packages under the act of June 30, 1906.—An amount equal to the value and duty. Customs Form 3855. Bond of customs cartman or lighterman— $5,000 cartman’s bond; $5,000 for each lighter. Customs Form 3891. Bond for storage of imported tea.—Amount equal to the value of the tea. Customs Form 3893. Bond for examination of imported tea.—One- fourth of the invoice value. Customs Form 4488. Bond for exportation of manufactured arti- cles with benefit of drawback—An amount equal to double the amount of the debenture. Customs Form 4525. Export bond for distilled spirits, act of June 9, 1874.—An amount equal to double the tax on the spirits. Customs Form 4615. Bond for costs on seized goods.—$250. Art. 988. Seal—Bonds approved by collectors of cus- 489 T. Ds. 29088, : : 9133, toms must be sealed in accordance with the law of the 29175, 29385, State in which executed, except that when the charter or governing statute of the corporation requires its acts to be evidenced by its corporate seal, such seal must be required. Art. 989. Partnerships——When any bond is executed by Act June 20, 6, as amend- 187 any firm or partnership, its execution by an attorney of ed by act Aug. the firm or by any member of such firm or partnership Tt in the name of the said firm or partnership binds the firm and the members or partners thereof in like manner and to the same extent as if such other members or part- ners had personally executed the same, and an action or suit may be instituted on such bond against all the mem- bers or partners of such firm as if all the members or partners had executed the same. 1894, sec. x Diy 490 T. D. 20056. T. Ds. 19174, 20432, 30904. T. Ds. 22776, 28529, 29993. CUSTOMS BONDS. Powers of attorney to execute bonds either as principal or surety by or on behalf of a partnership must be signed and sealed by each member of the partnership. Partnership bonds should be executed in the firm name, with the name of the member or attorney of the firm executing the same appearing immediately below the firm signature. Art. 990. Corporations ——If a corporation is the princi- pal its legal designation must be inserted in the body of the bond, which must be signed by an authorized officer or attorney, evidence of whose authority must be filed in the customhouse, and must consist, first, of a copy of the charter, or articles of incorporation, or of a certificate of incorporation, certified by the proper public officer; sec- ond, a copy of the by-laws, or of so much thereof as authorizes the execution of such bonds, certified by the secretary of the corporation and verified by its seal; third, a copy of the resolution or vote of the board of directors or trustees of the corporation, certified by the secretary of the corporation under the corporate seal, authorizing such officer or attorney to execute such bonds. Collectors may waive the production of evidence of in- corporation when such fact is a matter of common knowl- edge. When bonds are executed by a corporation by its at- torney in fact, there must be filed a power of attorney executed under the corporate seal by an officer of the corporation, whose authority to execute such power must be shown as above prescribed. The name of a corporation executing customs bonds may be printed or placed thereon by means of a rubber stamp or otherwise, followed by the written signature of the authorized officer or attorney. Art. 991. Individual sureties.—Sureties on customs bonds must be both residents and citizens of the United States and before being accepted as surety must take oath on Customs Form 3579, and shall produce such evidence of their solvency and financial responsibility as the collec- tor may require. A new oath on such form and additional evidence of financial responsibility may be required _by the collector at any time when he deems it advisable. When the sureties are individuals, two sureties will be required unless the collector shall be satisfied that one surety is sufficient for the protection of the Government. CUSTOMS BONDS. 491 Sureties shall justify in property located in the United States or subject to the jurisdiction thereof in amount the aggregate of which shall equal twice the penalty of the bond. A married woman will not be accepted as surety. Art. 992. Partners as sureties—A person may act as ogupD® 17918; surety for a business partner when such persons are act- ing with respect to their separate property and in their respective individual capacities, but not when the act re- lates to partnership matters or to their status as members of the copartnership. A member of a partnership shall not be accepted as surety on a bond executed by the firm as principal. Art. 993. Corporate sureties—A list of corporations Act Aug. 13, authorized to act as sureties on bonds, with the amount 23 1910, Mas in which each may be accepted, will be furnished quar- moti n 25089, terly to all collectors of customs by the Department, and ee 31905, no corporation will be accepted as a surety on a bond un- Re, SEE less appearing in such list, or for a greater amount than the limit therein prescribed. When a corporate surety is given, one surety will be sufficient if the penalty of the bond does not exceed the limit set forth in such list. Two or more approved surety companies may, however, act as surety on one bond when the limit of the liability of each of such sureties is stated, provided that the aggre- gate liability of such sureties must equal the penal amount of the bond. A power of attorney must be filed by the parties execut- _T. ps. 29022, ing such bond on behalf of the surety company showing the authority of such persons to so act for such company. Art. 994, Same party as principal and surety—Attorney.— 1. ps, 19105, The same person, partnership, or corporation can not be” both principal and surety on a bond, but a person may act as attorney in fact for both the principal and surety. A person acting as attorney in fact for a principal may be accepted as surety on the same bond, and when acting as attorney for the surety may be the principal on such bond. Art. 995. Delinquent sureties——Persons shall not be ac- cepted as sureties on bonds who are in default upon any other customs bond which remains uncanceled after ma- turity. No person shall be accepted as a surety who is at the time liable upon unexpired bonds to the full extent of his assets. 492 CUSTOMS BONDS. CANCELLATION OF BONDS. Art. 996. Export bonds.—Residue cargo bonds given under section 2777 of the Revised Statutes, and all bonds given for the landing abroad or exportation of merchan- dise, except those expressly provided for in the two fol- lowing articles, will be canceled on the following evi- dence: If in the penal sum of $200 or less, upon the outward bill of lading and inspector’s certificate of lading. If in the penal sum of more than $200, upon the out- ward bill of lading, the inspector’s certificate of lading, and the production of a landing certificate signed by the consignee, the foreign revenue officer or the vessel’s agent at the place of landing, in the following form: Landing certificate. , 19—. I, , of , do hereby certify that the merchan- dise hereinafter described, shipped by ,» at the port of , on board of the . on or about the day of , 19—, has been landed at this place from on board the . on or about the day of , 19—. (Here describe the merchandise. ) [SEAL.] If signed by the consignee or by the vessel’s agent, it should be sworn to before a consular officer, notary public, or other officer authorized to administer oaths and having an official seal in the following form: Subscribed and sworn to before me this day of > 19—. (Title.) [SEAL. ] Provisions for the cancellation of special bonds given for the exportation of certain articles within six months from the date of importation will be found in article 385. Art. 997. Statutory evidence to cancel bonds on exporta- tion from continuous customs custody for drawback.—To cancel bonds given for the exportation from continuous customs custody of merchandise in the same condition as imported with the benefit of drawback, a landing certifi- cate, signed by the consignee at the foreign port and authenticated by an American consular officer, and con- firmed by affidavits of the master and mate or other prin- cipal officer of the vessel before such consular officer, must be produced in the following form: CUSTOMS BONDS. Certificate of consignee of landing merchandise at foreign port. I, , of the , of , merchant, do hereby certify that the goods or merchandise hereinafter described have been landed in this [city, town, or port] between the —— and — days of » ——, from on board the , of . whereof is at present master, viz [here describe the merchandise], which, according to the bills of lading for the same, were shipped on board the , at the port of , in the United States of America, on or about the —— day of :— and consigned to [me or us] by , of , afore- said, merchant [or by master of said ]. Given under my hand at . this —— day of _—. Oath of master and mate of exporting vessel. Port oF We, , master, and , mate, of - lately arrived from the port of , in the United States of America, do solemnly swear (or affirm) that the goods or mer- chandise enumerated and described in the preceding certificate, dated the —— day of : , and consigned by , of the city of , merchant, were actually delivered at the said port from on board the within the time speci- fied in the said certificate. before me this —— Sworn (or affirmed) at the city of day of — , in the year ——. Consular verification of consignee’s certificate. I, , consul (or agent) of the United States of America at the city of , do declare that the facts set forth in the preceding certificate, subscribed by , of the said city, merchant, and dated the ——day of + ——, are to my knowledge just and true (or are in my opinion just and true) and deserving full faith and credit. In testimony whereof I have hereunto subscribed my name and affixed the seal of my office at , this —— day of _—. [SEAL] » Consul. If there be no American consul at such port, or if such officer be absent, such certificate may be authenticated by the consul of a friendly nation, if any, or by two resi- dent American merchants, or, if there be none, by two foreign merchants: Provided, That if the merchandise be lost at sea, or, when from the nature of the trade such certificate and oaths of the master and mate can not be produced, the collector may waive the same and accept 493 494 CUSTOMS BONDS. other satisfactory evidence of exportation in the follow- ing form: Verification by American or foreign merchants where there is no consul. We, , residing in the city of , do declare’ that the facts stated in the preceding certificate signed by , of the said city, merchant, on the day of » are to our knowledge just and true (or are in our opinion just and true) and worthy of full faith and credit. We also declare that there is (no consul or other public agent for the United States of America, or American merchants, as the case may require) now residing at this place. Dated this —— day of ——, at the city of Art. 998. Bonds for warehouse and immediate exporta- tion—Bonds given upon the entry of merchandise for warehouse and immediate exportation may be canceled upon the inspector’s certificate of lading and the out- ward bill of lading, except that on the exportation of. equipment, stores, and machinery for vessels a landing certificate will be required in form provided in article 996. T, Ds. 20482, Art. 999. Exportation—When not bona fide——An expor- 29529, 8 31358, Bis6s, "tation is a severance of goods from the mass of things ae 33018 belonging to this country with the intention of uniting (Abst. 28787)- them to the mass of things belonging to some foreign country. The shipment of merchandise abroad with the intention of returning the same to the United States is not an exportation. Merchandise returned from abroad under these circumstances is dutiable according to its nature, weight, and value at the time of its original arrival in this country. Bonds given for the exportation of merchandise should not be canceled by collectors unless they are satisfied that’ there has been an actual bona fide exportation. Art. 1000. Cancellation of bonds by collectors.—Collectors of customs are authorized to cancel bonds for the pro- duction of consular invoices, landing certificates, and other documents upon an application therefor under oath by the principal or sureties thereon, when satisfied that the obligors, after exercising due diligence to pro- duce such documents, are unable to do so, provided that all duties accruing on the merchandise covered by such. bonds have been paid. CUSTOMS BONDS. Art. 1001. Extension of customs bonds by collectors.—Col- lectors of customs may extend customs bonds to produce consular invoices, owners’ declarations, certificates of exportation, landing certificates, and other documents for a reasonable length of time upon application therefor by the principal, provided the sureties assent thereto in writing and agree to continue liable. Applications for extensions of other customs bonds should be submitted to the Department for action. Art. 1002. Uncanceled bonds—Report of, to Department.— Collectors will report to the Department for instructions all bonds given for the production of documents at the expiration of three months from the date of maturity, and with respect to which no application is pending for cancellation or extension. Art. 1003. Prosecution of bonds—Report to district attor- ney.—Collectors will report to the district attorney, on Customs Form 4627, for prosecution all customs bonds, except those given for the production of documents, which remain uncanceled 20 days from the date of ma- turity. Such report will be accompanied by a certified copy of the bond. Receipts on Customs Form 4629 will be taken from the district attorney in triplicate—one to be forwarded to the Auditor for the Treasury Depart- ment, one to the Solicitor of the Treasury, and the third to be filed in the office of the collector. The original bond will be retained at the customhouse, subject to the request of such attorney for inspection or for use upon the trial. Applications for relief on bonds reported for prosecu- tion will be referred by the collector to the district at- torney. Art. 1004, Cancellation by mistake or through fraud.— The cancellation of a customs bond by mistake or through fraud is no obstacle to its prosecution. Such bond will, on discovery of the mistake or fraud, be forthwith re- ported to the district attorney for prosecution. 495 T. D. 6866. CHAPTER XXIII. REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS. Art. 1005. List of forms—-The following is a list of re- ports, abstracts, schedules, requisitions, and accounts, with their catalogue numbers, which collectors are re- quired to submit to the various officers of the Treasury Department and to the Departments of Commerce and of Labor. TrEAsuRY DEPARTMENT. To THE SECRETARY OF THE TREASURY. DAILY. Cat. No. 4873. Statement of moneys received and deposited from ports where there is an assistant treasurer. WEEKLY. 3039. Requisition for book and blanks; from the collector at New York. 4873. Statement of moneys received and deposited from ports where there is no assistant treasurer. MONTHLY. 2162. Requisition for stationery by collector at New York. 3013 a andb. Report of absence of employees, 3039. Requisition for books and blanks by collectors at naval office ports (except New York), and Board of United States General Appraisers. 4803. Estimate of moneys required. 4811. Estimate for funds for the Coast Guard. 4907a. Schedule of blanks sold. (For Chief Division of Printing and Stationery). 6445. Tea examiner’s report. (For Supervising Tea Examiner.) QUARTERLY. 2162. Requisition for stationery (1st day of January, April, July, and October) by collectors at naval office ports (except New York) and Board of United States General Ap- praisers. 3491. Statement of wild animals and birds imported. 4803. Estimate of moneys required to defray expenses of collecting the revenue (for use at small ports). 3130°—15——82 497 498 REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS. SEMIANNUALLY. Cat. No. 2162. Requisitions for stationery (Apr. 1 and Oct. 1) by collectors at nonnaval office ports. 8039. Requisition for books and blanks (Apr. 1 and Oct. 1) by collector at nonnaval office ports. 3045. Requisitions for customs stamps. 3063. Report of transactions. WHENEVER NECESSARY. 4293. Certified statement of excess of duty exacted. 4805. Special estimate of moneys required for miscellaneous uses. 4809. Estimate of moneys for repayment in court. To THE AUDITOR FOR THE TREASURY DEPARTMENT, MONTHLY. 3633. Schedule of duties paid on warehouse and rewarehouse withdrawals for consumption. 3649. Schedule of unclaimed merchandise received and dis- posed of. 38679. Schedule of warehouse, rewarehouse, warehouse and trans- portation entries and withdrawals under bond. 4835. Informal entry and receipt. 4837. Receipt for duties collected on articles in passengers’ bag- gage. (Naval office ports.) 4841. Receipt for duties, fines, and fees. 4843. Summary of duplicate receipts (to accompany Cat. No. 4841). 4847. Schedule of official customs fees. 4939. Consolidated account current. (Naval office ports.) 4941. Consolidated account current. (Nonnaval office ports.) 4945. Account current of special deposits. (Nonnaval office ports.) 4947. Account current for special deposits. (Naval office ports.) 4951. Receipt for cash payments. 4953a and b. Pay rolls of officers and employees. 4973. Schedule of (unclaimed, abandoned, warehoused, or seized) merchandise sold at public auction. (For naval office ports.) 4975a and b. Schedule of estimated duties. 4977a and b. Schedule of increased duties. 4979. Abstract of sales of unclaimed and abandoned goods. 4981. Auctioneer’s account of sale of goods at public auction. 4983. Abstract of merchandise entered for warehousing and sold at public auction. 4985. Abstract of certificate of deposit. 4991b. Schedule of fines, penalties, and forfeitures. 4993. Abstract of articles seized from the mails and duly re- leased. 4995a. Schedule of pay rollg and public vouchers. (Naval office ports. ) 4995b. Schedule of pay rolls and public vouchers. (Nonnaval office ports.) 4997. Abstract of claims, judgments, refunds, etc. REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS. Cat. No. 4999. Abstract of moneys collected on account of services of officers in private bonded stores. 5001. Abstract of moneys received on account of storage, labor, and drayage. 5008. Abstract of moneys received for overtime of officers on vessels. 5007. Abstract of moneys received for miscellaneous uses. (Naval office ports.) 5009a. Schedule of excess of deposits. (Naval office ports.) 5009b. Schedule of excess of deposits. (Nonnaval office ports.) 5011. Schedule of drawback paid. (Nonnaval office ports.) 5013. Schedule of drawback paid. (Naval office ports.) 5015. Abstract of payments of awards of compensation. 5019. Abstract of receipts for night services of customs officers and employees. (Act of Feb. 18, 1911.) : 5021. Schedule of disbursements for night services for lading and unlading vessels, special fund. 5023. Abstract of moneys received and refunded on account of special deposits, tropical fruits, etc. 5048. Consolidated statement of fines and duties collected, mail entries, and small importations. 5045. Delayed entry. 5047. Schedule of merchandise imported and entered for imme- diate transportation without appraisement. 5049. Schedule of merchandise imported at other ports and re- ceived under immediate transportation regulations with- out appraisement. 5051. Report of accounts sent to the Auditor for the Treasury Department. QUARTERLY. 3677. Quarterly schedule of canceled. bonds expired remaining un- To THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE. [To be made by customs officers when in charge of established relief stations of the Public Health Service.] MONTHLY. 1922. Medical officer’s monthly report of relief. 1926. Voucher for the care of seamen in hospital. 1927. Report of relief furnished foreign seamen. 1949. Voucher for purchases and services other than personal. 1955. Monthly statement of encumbrances. 4989. Abstract of moneys received for care and treatment of for- eign seamen. Monthly whenever necessary. ANNUALLY. 1923. Annual medical and surgical report of out patients. 1924, Annual medical and surgical report of hospital patients. 1925. Annual report of surgical operations. ~ 1930. Proposal to furnish care and treatment of seamen in hos- pital. 500 REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS, Cat. No. 1931. Proposal for the care and treatment of seamen in contagious hospitals 1982. Proposal for the burial of deceased seamen. Notn.—Proposals 1930, 1931, and 1932 are to be forwarded only in case such services are provided for by the Public Health Service. WHENEVER NECESSARY, 1916. Relief certificate. 1917. Hospital permit. 1921. Application for extension of hospital permit. 1928. Statement of account and receipt for care and treatment of foreign seamen or other pay patients. 1929. Statement of account and receipt for treatment of foreign seamen (out patient). 4827. Receipt for unclaimed moneys and valuables of deceased seamen. [To be made by customs officers not in charge of established relicf stations of the Public Health Service.] 4827. Receipt for unclaimed moneys and valuables of deceased seamen, 4989. Abstract of moneys received for the care and treatment of foreign seamen. To THE CAPTAIN COMMANDANT COAST GUARD. WHENEVER NECESSARY. 3237. Report of casualty to vessel. To THE AUDITOR FOR THE STATE AND OTHER DEPARTMENTS. MONTHLY. 8071. Report that no triplicate copies of consular certificates to certified invoices received. (Post card.) DEPARTMENT OF COMMERCE. Notn.—Blank forms under this head will be furnished by the Depart- ment of Commerce upon requisition (Cat. No. 1501), and, as per instruc- tions contained in Cat. No. 1500, ‘‘ Catalogue of Books and Blanks.” To tHe COMMISSIONER OF NAVIGATION. WEEKLY. 1266. Duplicate of each certificate of registry issued. 1271, Duplicate of each certificate of enrollment issued on sea- board and western rivers. 1273. Duplicate of each certificate of enrollment issued on Great Lakes. 1285. Duplicate of each license issued to vessel under 20 tons on seaboard and western rivers. 1288, Duplicate of each license issued to yacht under 20 tons on seaboard and western rivers. 1290. Duplicate of each certificate of enrollment issued to yacht. REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS. 501 MONTHLY. Cat. No. 1000. Account current of collections on account of tonnage tax; navigation fees; navigation fines, penalties, and for- feitures; and deceased passengers. 1001. Schedule of collections of navigation fees, accompanied by receipts, Cat. No. 1008. 1001. Schedule of collections on account of deceased passengers, accompanied by receipts, Cat. No. 1008. 1004, Recapitulation of tonnage tax collected. 1005. Schedule of tonnage tax collected, accompanied by receipts, Cat. No. 1002. a 1006. Schedule of dispositions of fines, penalties, and forfeitures for violations of the navigation laws, accompanied by re- ceipts, Cat. No. 1008. 1071. Schedule of special deposits colleeted on account of fines, penalties, and forfeitures for violations of the navigation laws, accompanied by receipts, Cat. No. 1075. 1073. Schedule of special deposits refunded that were collected on account of fines, penalties, and forfeitures for violations of the navigation laws, accompanied by vouchers, Cat. No. 1076. 1078. Reports of all seizures, fines, penalties, and forfeitures for violations of the navigation laws. 1087. Report of accounts, schedules, etc., forwarded. This report must be forwarded each month whether there are trans- actions or no transactions to report. 1208, Abstract of registers, enrollments, and licenses surrendered at other than port of issue, accompanied by the sur- rendered marine documents. 1209. Report of no transactions under abstract of marine docu- ments surrendered at other than port of issue. 1461. Summary of examination of vessels having on board passen- gers other than cabin. 1462. Report of examination of passenger vessel. QUARTERLY. 1200. Statement of vessels built, lost, abandoned, sold to aliens, ete. 1201. Letter of transmittal to accompany abstract, 1202. Abstract of registers issued and surrendered, accompanied by the surrendered registers. 1208. Abstract of enrollments issued and surrendered, accom- panied by the surrendered enrollments. 1204, Abstract of licenses of vessels under 20 tons issued and surrendered, accompanied by the surrendered licenses. 1205. Abstract of enrollments and licenses of yachts issued and surrendered, accompanied by the surrendered documents. 1207. Report of no transactions under abstracts 1202-1205. SEMIANNUALLY. 1079. Report of unsettled cases of fines, penalties, and forfeitures for violations of the navigation laws. 502 REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS. ANNUALLY. Cat. No. 1004a. Annual recapitulation of tonnage tax collected. Form No. 10. Annual list of documented yachts. 12. Annual list of documented merchant vessels. 123. Annual recapitulation of documented merchant vessels. WHENEVER NECESSARY. 1086. Application for refund of money erroneously or excessively exacted. 1250. Application for yacht commission. 1820. Application for official number and signal letters for vessel. 1322. Certificate showing that official number and net tonnage have been marked on vessel. To THE BUREAU OF FoRRIGN AND DoMESTIC COMMEECE. MONTHLY, 1185 to en'g 11374 Pertaining to vessel movement. incl. QUARTERLY. 1115. Drawback. 1151. Product of the whale fisheries. WHENEVER NECESSARY. 1175. Report of no transactions. DeparTMENT oF Lazor. Note.—Blank forms under this head will be furnished by the Depart- ment of Labor (Division of Publications and Supplies) upon requisition (Form 712) and as per instructions printed on the back of the blank. To THE COMMISSIONER GENERAL OF IMMIGRATION. MONTHLY. 700. Consolidated account current of collections on account of head tax, fines for violations of the immigration laws, fines for violations of the Chinese-exclusion laws, and moneys received and disposed of on account of special deposits on account of alien passengers or immigrants detained or in transit through the United States and per- sons making unsupported claims to United States citizen- ship. 702. Schedule of collections on account of head tax, accom- panied by the receipt vouchers (Cat. No. 704). 703. Schedule of disposition of fines for violations of the immi- gration laws and fines for violations of the Chinese-exclu- sion laws (a separate schedule for each class), accom- panied by the receipt vouchers (Cat. No. 704). REPORTS AND ACCOUNTS OF CUSTOMS OFFICERS. 503 Cat. No. 705. Schedule of special deposits collected on account of alien passengers or immigrants detained or in transit through the United States and persons making unsupported claims to United States citizenship, and fines for violations of the immigration laws (a separate schedule for each class), accompanied by the receipt vouchers (Cat. No. 707). 706. Schedule of special deposits refunded that were collected on account of alien passengers or immigrants, detained or in transit through the United States, persons making unsupported claims to United States citizenship, and fines for violations of the immigration laws (a separate sched- ule for each class), accompanied by the receipt vouchers (Cat. No. 708). 1009. 1010. 1011. 1012. 1018. 1014. 1015. 1016. 1017. 1018. 1019. 1020. 1021. 1022, 1023. 1024. 1025. CHAPTER XXIV. RETURNS TO THE BUREAU OF FOREIGN AND DOMESTIC COM- MERCE, DEPARTMENT OF COMMERCE. GENERAL PROVISIONS. . Compilation and publication. . Reports of imports and exports by collectors, . Reports by bureau of statistics, New York. Reports to the Bureau of For- eign and Domestic Commerce. Statistical reports prepared at headquarters ports. Reports from distant ports of entry. Accounts—What to show. Fractions in quantities and values—How treated ‘in re- turns. ‘ Dates of importation and ex- portation. IMPORTS. Statistical schedules. Kinds, quantities, and values— How ascertained. Country whence imported. Imports of gold and silver. Merchandise withdrawn from warehouse without payment of duty. I. T. entries returned by port of final destination. Errors in entries. EXPORTS. Values of exports. Manifests of vessels—Shippers’ Declarations—Clearance Clearance on incomplete mani- fests—Bond. Confidential information. Art. 1026. Cargo of vessel laden in differ- ent customs districts—How re- turned. 1027. Shipments from an point—Declaration for. 1028. Country of destination of ex- ports. 1029. Verification of declarations, interior FXPORTS BY RAILWAYS, HIGHWAYS, AND FERRYBOATS. 1030. 1031. Shippers’ declarations. In-transit shipments—Excep- tions. Shipments from interior to sea- board. Personal effects. Export manifests—Form of— Substitutes for. Car manifest—How prepared. Exports by highways and ferry- boats. Form of declaration. Express companies as agents of shippers. How to transmit declaration to collector of customs. Bond to produce manifest. Penalty. Separation of domestic and for- eign merchandise. Statement showing articles of domestic manufacture con- taining imported material ex- ported with benefit of draw- back. Classification of articles which drawback is paid. Bunker or fuel coal and oil. 505 1032. 1083. 1034. 1035. 1036. 1037. 1038. 1039. 1040. 1041. 1042, 1043. 1044, on 1045. 506 THE IN-TRANSIT AND TRANSSHIPMENT, PANAMA CANAL AND NONCONTIGUOUS- TERRITORY TRADE. Art. 1046. In-transit trade—How reported. 1047. Gold and silver. 1048. Report of shipments between At- lantic, Gulf, and Pacific ports of the United States via Isth- mus of Panama and through the Panama Canal. 1049. Trade between the United States and its noncontiguous terri- tory. ENTBANCES AND CLEARANCES OF VESSELS IN THE FOREIGN TRADE. 1050. Returns of entrances and clear- ances. 1051. Which port to make return. 1052. Countries to which entrances and clearances should be cred- ited. RETURNS TO DEPARTMENT OF COMMERCE, Art. 1053. Statements of American and foreign vessels which entered from and cleared for foreign countries direct. 1054, Quarterly statement of tonnage movement via Cape Horn. 1055. Quarterly statement of the prod- uct of the whale fisheries taken by American vessels and fishermen, MISCELLANEOUS STATEMENTS, 1056. Internal commerce in the lake trade—Supplementary mani- fests. 1057. Special monthly advance state- ments. 1058. Limitation of time for rendering returns, 1059. Report of violations of law. GENERAL PROVISIONS. R. S., 334, act oe 23, 1912 87 Stat., 407. Art. 1006. Compilation and publication.—Statistics of T, D. 35518. ‘imports and exports are compiled and published by the Bureau of Foreign and Domestic Commerce of the De- partment of Commerce from data supplied by collectors of customs as hereinafter provided. Art. 1007. Reports of imports and exports by collectors.— The collector of each district will report daily to the Bureau of Statistics, Custom House, New York, on a form provided for that purpose all imports entered for ware- house or consumption and withdrawals from warehouse at each of the ports in his district, except withdrawals for exportation. The articles will be classified in accordance with schedules A and E of the Department of Commerce, and as to countries from which imported, according to schedule C. The collector will also-report on a form provided for that purpose all articles exported from his district or shipped to noncontiguous territory of the United States. Articles exported which are the growth, produce, or manufacture of the United States and articles of for- eign origin which have been materially changed in form and enhanced in value by labor or manufacture in the RETURNS TO DEPARTMENT OF COMMERCE. 507 United States should be classified in accordance with schedule B. If the growth, produce, or manufacture of foreign countries, and not changed from the condition in which imported, according to the classification of schedule A. , Countries to which exported are to be shown according to the classification of schedule C. Gold and silver obtained by smelting foreign ore and base bullion in this country, when exported, should be returned as domestic bullion. Care should be taken to distinguish between mint or assay office bars and other bullion. Only such precious metal as has been practically freed by refining from impurities should be returned as bul- lion. All other precious metals, except coin, should be returned under “In ore and base bullion.” Art. 1008. Reports by bureau of statistics, New York.— The bureau of statistics at New York will tabulate the statistical reports received from collectors in such manner as may be required by the Treasury Department and the Department of Commerce. . The tabulated returns will be transmitted to the Bu- reau of Foreign and Domestic Commerce, Department of Commerce, on or before such a day of the month follow- ing the month to which the transaction relates as may be required by the Department of Commerce. The bureau of statistics at New York will also promptly transmit to the collector of each district a tabulation of the statistics of imports and exports per- taining to his district. Art. 1009. Reports to the Bureau of Foreign and Domestic Commerce.—Collectors will forward directly to the Bu- reau of Foreign and Domestic Commerce monthly re- ports, on Commerce Catalogue Nos. 1135 and 1136, of the entrance and clearance of vessels; quarterly reports on Form No. 1115 of the exportation of manufactured arti- cles containing imported material on which drawback is paid; quarterly reports of the tonnage movement via Cape Horn and of the products of the whale fisheries taken by American vessels; and weekly supplemental manifests of vessels in the domestic trade on the Great Lakes. Art. 1010. Statistical reports prepared at headquarters 1. p. gs5s7, ports.—Statistical returns of imports and exports of cus- °°" ?* toms districts and of entrances and clearances of vessels in the foreign trade will be prepared at the headquarters 508 RETURNS TO DEPARTMENT OF COMMERCE. ports covering the commerce of the entire district, except that collectors of customs may require the statistical re- turns of exports at railway frontier ports to be prepared at such ports and reported to headquarters for consolida- tion with the district returns. Art. 1011. Reports from distant ports of entry.—Collectors of customs on the Canadian and Mexican frontiers may include in their reports to the bureau of statistics at New York only the transactions which reach them from such ports prior to the time for making final report to the bureau at New York, but officers in charge of such ports will be required to report transactions to the head office of the district as promptly as possible. R. S., 336. Art. 1012. Accounts, what to show.—The accounts of the commerce of the United States with foreign countries (or its noncontiguous territory) shall comprehend and include, in tabular form, the quantity, by weight or meas- ure, as well as the value of the various articles of foreign commerce, whether dutiable or otherwise. Articles sent out of the country temporarily, such as automobiles for touring purposes, motion-picture films, circuses, race horses, and other articles which are not sold and do not enter into the trade of the country to which sent, should not be returned as exports when shipped abroad, nor classed as imports when returned to the United States. Art. 1013. Fractions in quantities and values—How treated in returns—In the expression of values in returns, fractions of a dollar less than 50 cents will be ignored, and fractions of 50 cents or upward will be counted as one dollar. A like rule will apply to fractions of weight, measure, and tonnage. Art. 1014. Dates of importation and exportationFor statistical purposes the date of entry will be regarded as the date of importation and the date of clearance will be regarded as the date of exportation. IMPORTS. Pg pee Art. 1015. Statistical schedules.—Collectors of customs par Bass shall require entries of imported merchandise to contain ae ‘the information prescribed in schedule E, Classification of Imported Merchandise, as prescribed by the Secretary of the Treasury and the Secretary of Commerce. RETURNS TO DEPARTMENT OF COMMERCE. Art. 1016. Kinds, quantities, and values—How ascer- tained —The kinds, quantities, and values of all imported 1890 by act Oct. 3, 913, See. III, articles shall be ascertained from the entries. Art. 224. 509 R. §., 337. Act June 10, amended The value of the cases, coverings, and other charges par. R. and expenses incident to placing the merchandise in con- dition packed ready for shipment to the United States should be included in the value of the merchandise for statistical purposes, whether the merchandise is dutiable or free. Art. 1017. Country whence imported—The country in which imported merchandise is invoiced is, for statistical purposes, the country whence the same was imported into the United States, and all entries shall indicate the country, place and date of the invoice, and the country and port whence the final shipment to the United States was made, together with the nationality and motive power of the vessel in which the same was brought to the first port in the United States, or to Canada or Mexico, in case the goods reach the United States through those countries. Art. 1018. Imports of gold and silver—Invoices of gold, silver, copper, lead, and other metals in ores and base bullion, which are certified by American consular offi- cers, should show separately the quantities and values of each of the metals specified, as required by Department of State circular of March 21, 1911. Art. 1019. Merchandise withdrawn from warehouse with- out payment of duty.— When articles entered for warehouse as dutiable are withdrawn from warehouse free of or with remission of duty, such articles are to be reported as free of duty, grouped under classes provided in the free section of Schedule E. , Art. 1020. I. T. entries returned by port of final destina- tion.—Imported merchandise entered for immediate transportation to interior ports without appraisement; merchandise shipped to Porto Rico under the regulations of T. D. 24692; and merchandise imported through frontier ports in cars, secured by consular seals, will be excluded from the return of imports at the port of first arrival, but will be returned as imported at the port where entered for immediate consumption or for warehouse. The entries of such goods, made at the port of first arrival and the port of final destination, are required T. D. 35518. , sec. 19, . 510 R. S8., 337. R. 4200. s., 337, RETURNS TO DEPARTMENT OF COMMERCE. to show the country where the articles were invoiced, and the nationality and motive power of the vessel in which they were brought to the United States, or to Canada or Mexico, if the goods reach the United States through either of those countries. Art. 1021. Errors in entries—Collectors will make a preliminary examination of all import entries of mer- chandise, and when found inaccurate or incomplete, either in the description of articles or in omitting to state proper quantities or values, or for any other error apparent on the face of the import entry, will require the correction thereof before the acceptance of the entry. EXPORTS. Art. 1022. Values of exports —AlII articles the growth, produce, or manufacture of the United States exported to foreign countries or shipped to noncontiguous terri- tory shall be valued at their actual cost or the values which they may truly bear at the time of exportation or shipment in the ports of the United States from which they are exported or shipped, including the value of cartons, cases, crates, boxes, sacks, and coverings of any kind. Commodities the growth, produce, or manufacture of foreign countries imported into the United States and exported without change in form or condition should be valued, if exported “not from warehouse,” the same as domestic exports; if exported “from warehouse,” they should be returned at their import values. Art, 1023. Manifests of vessels—Shippers’ declarations— Clearance.—Before clearance shall be granted to any ves- sel bound to a foreign place or noncontiguous territory of the United States the master shall file a manifest on Customs Form No. 7529 of all the cargo on board his vessel. There shall also be filed with the collector decla- rations.of the owners, shippers, or consignees of the cargo specifying the kinds, quantities, values, and the places to which destined of the portion of the cargo shipped by them respectively. These declarations will be made on Customs Form No. 7525, and must be prepared in ac- cordance with the instructions printed thereon. Collec- tors will number the declarations serially as received. Art. 1024. Clearance on incomplete manifests—Bond.— Clearance may be granted on incomplete cargo manifest RETURNS TO DEPARTMENT OF COMMERCE. and before all shipper’s declarations have been filed, upon application to the collector on Customs Form No. 7301, and the execution of the bond printed thereon. The con- dition of the bond is that a complete outward manifest be filed not later than the next business day after depar- ture of the vessel, together with certified extracts of the shippers’ declarations, and if any shippers’ declarations have not been received that pro forma declarations on Customs Form 7303 be filed with the complete manifest and that shippers’ declarations will be filed within 15 days after clearance of the vessel. Art. 1025. Confidential information—Shippers’ declara- tions filed with collectors must be treated as confidential, and their contents must not be disclosed to outside par- ties without the written consent of the shipper or the Sec- retary of the Treasury. Art. 1026. Cargo of vessel laden in different customs dis- tricts—How returned.—When a vessel is laden in different customs districts with commodities to be exported to foreign countries, shippers’ declarations must be filed in the respective districts where laden. The collector will report as exports only the merchandise laden in his dis- trict. Art. 1027. Shipments from an interior point—Declarations for—When goods are shipped from an interior point for exportation to a foreign country or shipment to noncontiguous territories of the United States, or from Alaska, Hawaii, or Porto Rico to the United States, the shipper will prepare and deliver to the carrier an export declaration and attached extract in the prescribed form to accompany the goods to the port of exportation. If the shipper prefers, he may place the declaration, but not the extract, in a sealed envelope addressed to the collector of customs with his name indorsed thereon and the fact of: sealing noted on the declaration, and deliver the sealed en- velope, together with the extract, to the carrier. If goods are consigned to an agent at the seaboard, the declaration and extract, properly prepared by the original shipper, may be mailed direct to the agent or party who will attend to the transshipment or exportation. Art. 1028. Country of destination of exports—If the country of ultimate destination of the commodities is different from that for which the vessel or car clears or departs, collectors will require exporters and shippers or 511 512 RETURNS TO DEPARTMENT OF COMMERCE, their agents to state in the shippers’ declarations the coun- try to which the commodities are sold or destined for a market as the country of ultimate destination. Art. 1029. Verification of declarations——Shippers’ decla- rations of merchandise exported in vessels must be verified by the oath or affirmation of the owner, shipper, or con- signor, in person or by an authorized agent having knowl- edge of the facts. Declarations of exports by railway, highway, or ferryboat must be certified as to accuracy over the signature of the shipper or his agent. Collectors will examine shippers’ declarations, and when found inaccurate, either in the description of the articles, or in the statement of quantities or values, or country of destination, will require the necessary correc- tions to be made before accepting the same. EXPORTS BY RAILWAYS, HIGHWAYS, AND FERRYBOATS. Art. 1030. Shippers’ declarations—Any person who de- livers merchandise to any transportation company for transportation and exportation from the United States to a foreign country must deliver to the collector of cus- toms at the port through which the merchandise passes into foreign territory a declaration in a form prescribed by the Secretary of Commerce, showing the kinds, quan- tities, and values of all merchandise delivered by him or his agent to such carrier for exportation. The collector shall not permit any car or other vehicle laden with merchandise intended for exportation to any foreign country to depart from the United States until a declaration specifying the kinds, quantities, and values of the merchandise on a form prescribed by the Secretary of Commerce has been delivered to him by the shipper or his agent. Art. 1031. In-transit shipments—Exceptions.—The fore- going article applies only to merchandise intended to be exported by land carriage or ferryboat to or through ad- jacent foreign territory for a market. It does not apply to articles shipped from one part of the United States to another part thereof across foreign territory, to be re- tained in the United States or exported from its mari- time ports, nor to merchandise passing through the United States in transit from one foreign country to another, or from one portion of a foreign country to another portion thereof, across the territory of the United States. RETURNS TO DEPARTMENT OF COMMERCE. Art. 1032. Shipments from interior to seaboard.—Declara- tions for merchandise shipped from an interior point in the United States partly through Canada or Mexico for export from a seaboard port of the United States are not required to be delivered to the collector of.customs at the first border port, but the statistics of exports will be secured from shippers’ declarations at the seaboard port of exportation under the provisions of section 337, Re- vised Statutes, and article 1028. Art. 1033. Personal effects.—Declarations for personal effects or baggage of travelers carried on passenger trains en route to Canada or Mexico are not required to be delivered to the collector at the border port when such effects or baggage are for the use of such travelers and not for sale. Art. 1034. Export manifests—Form of—Substitutes for.— Collectors of customs will require that the owner’s or agent’s declaration or manifest of articles exported by railway delivered to them in pursuance of the act ap- proved March 3, 1893, shall have printed on the back thereof the instructions which appear on the official form prescribed by the Secretary of Commerce. In lieu of the shipper’s declaration on the prescribed form the collector at the frontier port may accept, for goods exported to Canada, a depulicate of the manifest cr invoice required by the Canadian customs laws, if such duplicate contains the necessary information. Any owner or agent may include in a single manifest all articles exported by him on one train. Art. 1035. Car manifest—How prepared.—The car mani- fest which the railway or transportation company is re- quired to deliver to the customs officer shall be a carbon or other copy of the waybill for each shipment, and must exhibit the marks, numbers, description, and quantities of the goods, the name and address of the original ship- per and the place of destination, but is not required to show their value. The car manifest may be prepared by the railway or transportation company at any point which may be deemed most convenient. One car manifest is sufficient for any number of cars in the same train containing the same commodity and consigned to the same person, firm or company. 3130°—15——33 518 T. D, 26304. T. D. 15502. 514 Act Mar. 3. 1893, 27 Stat., 689. RETURNS TO DEPARTMENT OF COMMERCE, Art. 1036. Exports by highways and ferryboats.—Masters of ferryboats and persons in charge of vehicles trans- porting merchandise to foreign contiguous territory are required to file shippers’ declarations with the collector of customs showing the kinds, quantities, and values of the commodities to be exported. Masters of ferryboats or vessels required by law to clear their vessels and deliver to the collectar of the port whence they depart for a foreign country a mani- fest of the kinds, quantities, and values of the goods laden thereon for exportation under the provisions of article 1023 are exempted from the requirements of this article. Art. 1037. Form of declaration—The form of the ship- per’s declaration to be delivered to the collector of cus- toms by the person in charge of such vehicle or ferryboat shall be similar to that required from shippers for exports by railway. Art. 1038. Express companies as agents of shippers.—The agent of an express company may act as the agent of the shipper for the purpose of filing the shipper’s declaration required by articles 1030 and 1034. All the articles ex- ported on one train to the same country may be included in one declaration. Art. 1039. How to transmit declaration to collector of cus- toms.—The declaration of the owner or his agent will be transmitted and delivered to the collector of customs at the port in the United States through which such com- modities pass into foreign territory by the railway or transportation company, to be carried along with the goods and delivered by such company with the car mani- fest. or waybill which said company is also required to deliver to the collector of customs at the frontier port before the goods can pass into the foreign territory. Art. 1040. Bond to produce manifest.—If the shipper’s declaration or manifest is not furnished to the collector, he may permit the car to proceed to foreign territory upon application being made on Customs Form 7303 and the execution of bond in the sum of $50 by the transporta- tion company to furnish within 15 days the shipper’s declaration or manifest required by law. Art. 1041. Penalty——The agent or other employee of any railway or transportation company who shall trans- port any merchandise into a foreign country before the RETURNS TO DEPARTMENT OF COMMERCE. delivery of a declaration, as required by law, except as provided for in Art. 1040, shall be liable to a penalty of $50 for each offense. Art. 1042. Separation of domestic and foreign merchan- dise—Shippers will show on the export declaration the foreign goods separately from goods of domestic produc- tion. In distinguishing between foreign and domestic goods only those goods will be reported as foreign which have undergone no change in form or condition or en- hancement in value by the application of labor in the United States. Articles made from foreign materials or changed from the condition in which they were when im- ported by repacking, grinding, or smelting will be classed as of domestic production or manufacture. Art. 1043. Statement showing articles of domestic manu- facture containing imported material exported with benefit of drawback.—This statement will exhibit in accordance with the instructions in schedule E the articles exported, together with the imported materials contained therein on which drawback was actually paid. These articles will also be returned: as domestic exports on the monthly return of the district where entered for drawback, ex- cept when the articles are exported from another dis- trict. In the latter case, the articles will be returned on the statement of domestic exports from the district of exportation. Art. 1044. Classification of articles on which drawback is paid.—The articles exported will be shown, with quanti- ties, classified according to schedule B, of the Department of Commerce, enlarged by the addition of sufficient sub- classes to show separately each different kind of article exported, though several may be grouped under the same class number. For each exported article there will be shown the im- ported articles contained therein, classified according to schedule E, showing quantities or values, or both, with rates of duty, sufficient to verify the amount of draw- backs paid. Art. 1045. Bunker or fuel coal and oil.—Collectors will obtain from masters or agents of vessels clearing in the foreign trade, statements of the quantities and values of bunker or fuel coal and oil taken on board such vessels within their districts for their own fueling use apart from such quantities as may have been laden on 515 T. D. 35518, 516 T. D. 35518. T. D. 35518. Act Apr. 29, 1902 T. D. 35518. RETURNS TO DEPARTMENT OF COMMERCE, the vessels as part of their cargo. This information will be obtained by the master and shown on the ship’s out- ward manifest. Reports will be made to the bureau of statistics at New York on the regular export form. THE IN-TRANSIT AND TRANSSHIPMENT, PANAMA- CANAL AND NONCONTIGUOUS-TERRITORY TRADE. Art. 1046. In-transit trade—How reported.—The collec- tor at the port of exit will report in the proper column on the regular export form merchandise shipped from a foreign country for transit through the United States to another foreign country, and merchandise shipped from a foreign country for transshipment in a port of the United States to other foreign countries. The countries from which commodities are brought and to which shipped will be classified in accordance with schedule C. Such commodities are not to be reported as imports, nor included by the port of exit in the exports. Certain articles of breadstuffs received in transit from Canada at Atlantic seaboard ports, and shipped thence to foreign countries, will be reported from such Atlantic seaboard ports as may be specified from time to time, in such form as may be directed. Art. 1047. Gold and silver— When gold and silver coin and bullion have been received from and shipped to a for- eign country in transit or for transshipment as described in article 1046, such gold and silver will be reported as in transit as prescribed therein. Art. 1048. Report of shipments between Atlantic, Gulf, and Pacific ports of the United States via Isthmus of Panama and through the Panama Canal.—Shipments of commodi- ties through the Panama Canal between Atlantic and Gulf coast ports of the United States (including Porto Rico) and the Pacific coast ports (including Hawaii), also between ports in the United States and foreign countries will be reported in such form as may be pre- scribed by the Secretary of Commerce. Art, 1049, Trade between the United States and its non- contiguous territory—The regulations contained in this chapter with respect to the collection of statistics of merchandise, gold, and silver exported from the United States to foreign countries by water and of clearances of vessels in such trade are extended to, and will govern, so RETURNS TO DEPARTMENT OF COMMERCE, far as applicable, in the collection of statistics of ship- ments between the United States and its noncontiguous territory and between the respective portions of said non- contiguous territory. Collectors of-customs in the United States and in all of said noncontiguous territory, except the Philippine Islands, will render to the bureau of statistics in New York, besides the regular statements of the commerce and tonnage movement between them and foreign countries, reports of shipments of merchandise, gold, and silver, and of clearance of vessels. (a) Between the United States and said territories. (6) Between said territories. Reports of shipments of foreign merchandise to non- contiguous territory of the United States will embrace all foreign merchandise withdrawn from warehouse for transportation in bond to such territory, and all foreign merchandise on which the duties have been paid which has left the custody of the officers of customs (provided the merchandise has not been changed from the condi- tion in which it was imported), classified according to schedule A, and in the recapitulation the total values of merchandise “withdrawn from warehouse” and “not from warehouse” must be shown separately. The returns of clearances of vessels from each cus- toms district will show separately the clearances to each territory. ENTRANCES AND CLEARANCES OF VESSELS IN THE FOREIGN TRADE. Art. 1050. Returns of entrances and clearances.—Every collector shall keep an accurate account of the national character, net tonnage, and motive power of all vessels which depart from his district for foreign countries or - noncontiguous territory of the United States and of the foreign places or countries or noncontiguous territory for which such vessels depart; and also an accurate account of the national character, net tonnage, and motive power of all vessels which enter his district from foreign coun- tries and of the foreign places or countries from which such vessels arrive. Art, 1051. Which port to make return—The following returns of movements of vessels will embrace all vessels entering and clearing in the foreign trade at the ports 517 R. S., 336, 518 RETURNS TO DEPARTMENT OF COMMERCE, from which the returns are rendered, distinguishing be- tween American and foreign vessels, sailing and steam vessels, and vessels entering and clearing with cargo and in ballast. Wessels having on board commodities other than ballast will be returned as with cargo, although only partially laden. The net tonnage of vessels is to be re- turned in all cases, and fractions of a ton are to be re- ported in accordance with the rule in articles 22 and 1013. As a general rule, for statistical purposes, a ves- sel arriving from a foreign country should be reported as entered at the first port in the United States where the whole or part of a vessel’s cargo is unladen, or where she enters in ballast; and a vessel departing as cleared from the port in the United States where her outward cargo is completed or whence she clears in ballast. Art, 1052. Countries to which entrances and clearances should be credited.—Collectors in tabulating entrances of vessels from foreign ports will credit the tonnage to the country in which is located the first foreign port from which the vessel sailed with cargo for the United States, except when the bulk of the cargo is laden at some other foreign port, when the tonnage will be credited to the country in which that port is located. This, however, will not necessarily govern in the collection of tonnage tax or the requirements of bills of health. In the case of clearances the tonnage will be credited to the country in which is located the first foreign port at which the vessel will enter for discharge of cargo, as shown on the clearance papers, unless the bulk of the cargo is destined for some other foreign port, when the tonnage will be credited to the country in which that port is located. Art, 1053. Statements of American and foreign vessels which entered from and cleared for foreign countries di- rect.—These returns will include all vessels which enter directly from or clear directly for foreign countries with- out touching intermediately at another United States port to take on or discharge cargo. Vessels touching at a domestic port en route for bunker fuel, in distress, or for other temporary cause, need not be reported from such port on any form. Art. 1054. Quarterly statement of tonnage movement via Cape Horn.—This return will embrace the tonnage move- ment of vessels via Cape Horn between Atlantic and Pacific ports of the United States, showing the customs RETURNS TO DEPARTMENT OF COMMERCE. district from which entered and for which cleared, in such manner and form as may be prescribed by the De- partment of Commerce. Art. 1055. Quarterly statement of the product of the whale fisheries taken by American vessels and fishermen.— The fishery products returned on the form provided are not to be included in any of the returns of imported merchandise. This report is not required from ports on the northern or Mexican border. MISCELLANEOUS STATEMENTS. Art. 1056. Internal commerce in the lake trade—Supple- mentary manifests.—The collectors of districts bordering on the Great Lakes shall procure from the master of each incoming vessel in the domestic trade a supplementary manifest, which shall show the name of the vessel and of the master thereof; the registered tonnage of the ves- sel; whether sailing, steam, or in tow; the name of the port of departure and arrival and the date of such de- parture and arrival; also itemized statements of the cargo, as prescribed by the form of supplementary mani- fest, laden on the vessel at the original port of departure and at intermediate ports of call, and of the cargo dis- charged at intermediate ports of call as well as at the point of final'destination. Collectors shall also prepare and forward supplementary manifests of all shipments and receipts at ports within their districts in transit through Canada between points in the United States, and the supplementary manifests shall contain a statement to that effect. The supplementary manifests shall also contain a state- ment of the quantities of bunker or fuel coal or oil taken on board vessels in the domestic trade at domestic points for their own use at the commencement of or during the trip. Collectors will forward said supplementary manifests at the end of each week and on the last day of each month to the Bureau of Foreign and Domestic Commerce. Art. 1057. Special monthly advance statements.—The fol- lowing statements will be prepared by the bureau of statistics, New York, for such customs districts only as may be specified from time to time by the Bureau of Foreign and Domestic Commerce: Advance statement of exports of domestic breadstuffs, food animals, and meat and dairy products. 519 520 RETURNS TO DEPARTMENT OF COMMERCE, Advance statement of exports of domestic cotton. Special statement of imports and exports of unmanu- factured cotton. Advance statement of exports of domestic mineral oil. Advance statement of exports of domestic cottonseed oil. ; Advance statement of total values of foreign commerce. These statements must be prepared and mailed so as to reach the Bureau of Foreign and Domestic Commerce not later than the 8th day of the month following that to which the transactions relate. Art. 1058. Limitation of time for rendering returns.— Reports upon all the required forms must be forwarded by collectors of customs to the bureau of statistics, New York, and the Bureau of Foreign and Domestic Com- merce, within such time after the close of the period to which they pertain as may be prescribed. All returns should be forwarded as much earlier than the maximum time allowed as practicable. A separate report must be rendered relative to each prescribed form, whether there be actual transactions or not; but when no transactions are to be returned on any of the general statements a separate report of no transactions will not be required relative to the unenumerated form. Art. 1059. Report of violations of law.—Collectors of customs shall report without delay to the nearest United States district attorney and to the Secretary of Com- merce all violations of the provisions of the statistical laws. Art, 1060. 1061. 1062. 1063. 1064. 1065. 1066. 1067. 1068. 1069. 1070. 1071. 1072. 1073. 1074. 1075. 1076. 1077. 1078. 1079. 1080. 1081. 1082. 1083. 1084. 1085. 1086, CHAPTER XXvV. GENERAL DUTIES AND POWERS OF CUSTOMS OFFICERS. GENERAL PROVISIONS, General duties and powers. Uniformed force. Customs seal. THE COLLECTOR. Duties generally. Supervision of ports of entry. Acting collectors. Special deputy collectors— = 22sec sone oe oe eto eee 5 Alterations. See also Repairs. In bonded warehouses, permission required for____________________ 714 In bonds, to be made before execution___---_-_---_______-_________ 985 Amended withdrawal for transportation, when used____________________ 257 Amendment of value on entry_---------- pena Othe Sa Eee oe: 227 Amendments to drawback entries not allowed after filing__.______________ 88L American : Artists, works of___----------- iS 400 Hishery’ defined is. es ee rr ee ee 436 Seamen, destitute, to be mustered by boarding officer_______________ 85 Shooks or staves— Affidavit of foreign shipper to be made to consular officer________ 341 Bond for production of shook certificate not required, when_____ 341 Notice of intent to export filed with collector__________________ 340 Vessels in foreign trade, collectors authorized to indicate on register, space which may be deducted from gross tonnage by rules of for- eign nations__-__ chet 93 American-built : And owned vessel, sold to foreigner and afterwards becoming Ameri- can property, entitled to new register_________________----______ 10 Vessels owned by aliens, certificates of record for________--_________ %4 American-owned vehicles returning from contiguous foreign territory, admitted without formal entry----------------__---_-------__--____ 424 Ammunition, small-arms, not classed as high explosive________.________ 158 Aniline colors, documents written or signed in, not to be accepted________ 1199 Animals: As theatrical effects .-2-02 2222202 ee se ap ecee cee 381 Certain kinds prohibited importation___-._---________-___________ 513 Dying— In the United States while under bond__---_-__-_________________ 885 In transit, not subject to duty--------____--_-_---__-_-_ 667 For— Breeding purposes, free entry of--_-__--_--_____________ 378, 380, 431 Exhibition or competition punt ee -- 878, 380 Menageries, dutiable---------------__________--______-_--____ 435 INDEX. 595 Animals—Continued. Article. Free entry, when . 378, 379 From Asia, Africa, and Philippine Islands, certain, prohibited landing. 508 Immediate delivery, application for special permit for______-------- 217 Infected with communicable diseases, prohibited importation____---~ 507 In transit between ports of the United States through foreign con- tiguous territory, cars need not be sealed, when-._--------------- 702 Of foreign origin taken abroad temporarily for exhibition, require- MENTS: Oly CW eee ae deers Se oe ee eee ees 418 Pure-bred, free, when ps See = - 481 Quarantined, how released 2 as os 509 Stables may be bonded for storage of_-----_-___-__---------------- 709 Straying or driven across boundary, dutiable, when_-____--_--------- 434 Subject to quarantine, when entry may be made__------------------ 509 Taken abroad for exhibition, inventory required on return____-__--_ 418 Viruses, serums, and toxins, for treatment of__--_-__------------ 501-503 Wild— Certain, prohibited importation 513 Requirements on entry. 435 Zoological collections, requirements on entry__-____-_---__-_------ 435 Antimonial lead, withdrawal for consumption___-_-------_-_-_---__-_-- 788 Antiquities, artistic, free ea 395 Appeals: For reappraisement— Procedure Scan ges -_.._ 586 Transmission of, to Board of General Appraisers____._-_---_-- 588 From decisions as to quality of imported seeds, to whom addressed__ 500 To Court of Customs Appeals__-__-_------ -- 653 To rereappraisement, procedure 587 To Supreme Court, in case of decree of Court of Customs Appeals in- volving construction of Constitution_.____-__-_-_____-_-__-_-----_-- 655 Application : “ For— Change of mame: of ‘vessels. o------—--- 2-5-3 =- ees een eee soces 62 Establishing warehouse for refining and smelting ores__________ 779 Free entry of diplomatic and consular officers’ effects to be made to State Department. 3876 Refund of duties on account of casualty_____-_----___-_______ 596 Remission of additional duty, procedure__.________-_______-__ 625 Restoration of proceeds of sale of seized merchandise__________ 917 Transfer of— Dutiable materials to manufacturing warehouse, form__+._ 757 Tobacco scraps, cuttings, and clippings from manufacturing warehouse. ee Se ee a eee See er ee 778 To bond— By @OmmGn, Corrine seats eo ei i ele ee, 659 Premises for warehouse purposes___-__--------------_----____ 710 Appointments: To the Customs Service. = --- 1144--1150 PRrOSIGeNt aoe toe eons ews escent eee eee ee 1139 Appraisement_____---- Satin Ged teem tering edtaes - 561-594 Action: by appraiser... 2 os es eee 572 Appeals, transmission of, to Board of General Appraisers._--___- 588 596 INDEX. Appraisement—Continued. Article. Average price, merchandise having different market values_______ 579, 580 Changes in value or classification to be reported to Comparative Valuation Report Bureau 594 Comparative valuation reports and samples, forwarding of, to ap- praiser at New York 591 Action by appraiser at New York, on__-----_-----_--__________ 592 Correspondence relative to comparative valuation reports, how to be addressed —_ eee 594 Cost of production of articles, procedure of appraiser to ascertain___ 572 Country and principal markets. 576 Delivery of— Examination packages __ 581 Merchandise pending reappraisement, when______-___________ 588 Diversion to another country eet Sphere he 517 Examination at importer’s premises___-____.~_____-_-__-_________ 564 Examination of machinery, procedure_________-_-___-____________ 565 Importer to notify appraiser within 90 days that machinery is set up 566 Exchange of information between ports___--_---------___--_--__-_ 593 Exclusion of unauthorized persons from rooms where goods are under- going. ed 1125 Finalty of appraisers’ returns. 584 Increase in value of merchandise through evaporation, appraiser to adjust market value__ 225 575 Loss of weight, merchandise increased in value through_---___--- 575 Machinery, examination of. 565 Market value— Appraiser to ascertain, how..-..-~----------_--------______-_ 572 Time of exportation as factor in determining____-___-_-____-_____ 578 Materials for use in manufacturing warehouses____________----___ 754 Merchandise— . Damaged by casualty or excessive moisture___________--------- 574 Imported from one country, the growth of another, Ker ap- praised —_-- 5 577 Of different market values invoiced at average price_________ 579, 580 Notice of— Advance to importer 585 Reappraisement decisions to importers___-_-____--_---____-----~ 589 Omitted articles in invoices, appraisers’ returns as to--_----------~-_ 583 On. ‘samples 22-42-25 sesseessece= 570 Order for— Damaged merchandise, procedure 573 Special-delivery packages ___ 285 Packing charges, appraiser to make advisory report on value of_____ 572 Place of examination _ 1126 Principal markets 576 Prohibited articles, appraisers’ returns as to_______________________ 583 Reappraisement, method of appeal________-____-_----_____________ 586 Requisition for return of unexamined packages to appraiser’s store__ 569 Rereappraisement, procedure _ 587 Returns by appraisers__--~--~-----------------_-~--------------___ 582 Finality of Sout 584 INDEX. 597 Appraisement—Continued. Article. Samples of merchandise subject to reappraisement to be retained by appraiser 588, 646 Seized merchandise eZ 913 Separate, of parts of artistic antiquities entitled to free entry___--- 395 Stipulation of owner or importer of machinery not to contest validity of appraisement at mill or factory____-_---------------------_-- 565 Time of exportation factor in determining market value___--------- 578 Unexamined packages, recall of_____ 569 Appraisers: Action by appraiser at New York on comparative valuation reports and samples 592 Advisory report by, on value of cost of placing merchandise in condi- tion for shipment. 572 Appointment of assistants and deputies_____._..__________-____ 1122, 1123 Appraiser at New York to report monthly to Department on discrep- ancies in appraisements and classifications._.._.____.-_-_--_--_---- 592 Duties 1120-1126 Employees of, not to engage in mercantile business___________------ 1172 Bxamination of any person under oath on matters pertaining to ‘classification or dutiable value 896 Exclusion of persons from rooms where goods are undergoing exami- nation 1125 Invoices and other papers to be transmitted to, by official messenger. 562 Market value— How to be obtained, by. 572 To be determined by 618 Notification to, of arrival of vessel having articles requiring imme- diate delivery. : 279 Omitted and prohibited articles to be reported by___-__----------_- 583 Production of any papers relating to imported merchandise, may require = 896 Returns 582 As to costs and charges considered advisory only______________ 618 Finality of. 584 Samples of all merchandise subject to reappraisement to be retained by 588, 646 Special deputy, appointment of. 1122 Special reports on protests 647 Supplemental report by, when necessary to liquidation_____________ 627 To examine all merchandise designated by collector____.___._________ 572 Appraisers, general : Adverse decision by, collector’s recommendation for rehearing______ 652 Appointment and powers of 1127 Boards of three 1127 Calendars, ports where called 1127 Clerical force, appointments and promotions in, how made_________ 1127 Decisions— On reexamination of teas, final 523, When effective 650 Duties 1127 Establish rules of evidence, practice, and procedure________________ 1127 Examination of persons under oath on matters pertaining to classi- fication or dutiable value. 896 598 INDEX. Appraisers, general—Continued. Article. Hearings, list of ports at which held, to be promulgated annually___ 1127 Production of any papers relating to imported merchandise, may TOQUE 2 UE 896 Offices, where located___..__________________------------- ee 1127 Tea board a 1127 Transmission of protests to, procedure___._.--._----- 649 Appraising officers: At ports of entry to confer with appraiser at headquarters port regarding market values _-__-______________---.---_ ee 561 Collectors to designate, at ports where none appointed______________ 561 Appropriation: ; Customs, not to be used for benefit of other departments.___._______ 1193 For year to which expenditures are chargeable, how determined_____ 967 Approval of estimates by department_____-_-_-___----__-.-----~_-_____- 962 Arrival and entry of vessels______-_--_-------.-------_--------------- 85-119 BORE OE 2 ons oie oe ee aaa ae ean wa wee ale 91 Arrival of vessels, definition of___________-___--_--------------------- 63 ATs WORKS (Of22 25 ooo roe Se eee eee ee Sees 393-400 Articles: Conditionally free, mail importations, procedure on entry___-------- 320 Destroyed by fire or other casualty while under bond_-__-__-_-_-_----- 385 Dutiable— Failure to detect in mails ace 804 Importation by mail prohibited, except as limited_--_____-_____--_ 299 Entitled to conditional free entry___-----.------------------------ 332 Hxported: for exhibition se 22.4 oo ae pe 417-420 BOAUied 0 DEVIC Os ctewrena wuseeae ceween Cceeamido meas ANT Requirements on entry am “4 418 Exported temporarily for exhibition— . Evidence of exportation___-----------_---------------------~- 419 Internal-revenue tax not remitted 420 Exported for repairs— Dutiable on value of repairs only.---------------------------- 234 ProceGures aawwcetastectwe see eee beeen dee eee sees ees 845 Exported free of internal-revenue tax or with refund of said tax____ 887 For— Copyright, free entry for 324 Exhibition —_- 2 396 Outfit and equipment of vessels 404-409 The. “United: ‘States, ‘tree ssc ses02 pope ce esetoeeetet cde esee 392 Use of certain societies or institutions, free of duty________-- 386-392 Must be specially imported for institution claiming free entry. 389 Fragile, may be examined at importers premises or on wharf________ 564 Free under six months’ bond 378 Description on entry must insure identification-__._.._.________ 878 Duties deposited in lieu of bond refunded on exportation______ 383 Gold and silver, falsely marked or stamped________________________ 552 Imported— By members of foreign legations, free without examination______ 377 For distribution as advertising matter, dutiable________________ 429 For educational or scientific institutions___.__.____..__-___--_____ 388 For repairs under six months’ bond 383 INDEX. 599 Articles—Continued. Article. Mail importations subject to same conditions as apply to other im- portations 331 Mailed on United States naval vessels, Rov treated for customs purposes. 309 Manufactured in bond— Subject to duty if reimported 335, 420 Withdrawal for exportation 2 -- 65 Bonded routes to be indicated = 769 Molded, cast, or wrought from metal within 20 years prior to im- portation, dutiable 399 Not declared in passengers’ baggage, penalty for___-___.__--------- 892 Not properly marked, appraiser to report to collector___.----------- 451 Obscene and immoral, seizure of. _ 550 Of small value, informal entry for_______-_----_------ --_ 293 Purchased out of appropriation for collection of the revenue, other departments not permitted use of. - --. 1193 Requiring immediate delivery, procedure_____-_---.------------_- 277-281 Retained on export vessel without having been unladen, certificate of master 336 Unclaimed. See Unclaimed merchandise. Under six months’ bond— Expense for examination and identification borne by parties in interest 884 Exportation of, where 384 Used abroad in business pursuits, not household effects___________ 346 Artificial flies used for fishing, not prohibited importation_____________ 538 Artistic antiquities : Free of duty 395 Requirements on entry ---. 895 Subject at any time to examination by customs officers. ana 398 Artists’ proof etchings, free, when____-_- Sse 394 Asia, certain animals from, may not be landed 508 Assaying ores and metals in smelting and refining warehouses__________ 787 Asses from Asia and Africa may not be landed____-----_-_-____-_.____ 508 Assessment of duties. 232-234 Assistant : Appraisers, duties of. 1123 Attorney general in charge of customs— Duties 1128 Offices, where located__ we, LIAS Associations engaged in private business, free entry not permitted of articles imported by non zou. 898 Attorney-in-fact executing bonds for corporation, requirement_.________ 990 Auctioneer’s charges for sale of unclaimed goods___________________ 814 Auditor for the Treasury Department, envelopes addressed to, furnished to collectors on requisition.________-_____-______ eee 90 Authorization of expenditures under appropriation “ Collecting the reve- nue from customs ” 963 Automobiles: Accessories, alterations, and repairs in excess of those incidental to use abroad, dutiable 421 Brought in for temporary stay, admitted without fovmal entry_____. 422 600 INDEX. Automobiles—Continued. Article. For touring purposes, free 3878 Free entry of, when 378, 421 Immediate delivery, application for special permit for__-_-______---__ 277 Not household effects. sedin 346 Taken abroad for touring purposes, requirements on entry___------- 421 Average price: Duty to be assessed upon whole invoice at rate to which highest valued goods are subject____________---____---__-_-- 620 Merchandise of different market values invoiced at, appraiser to ascertain market value of each kind 579, 580 Awards of compensation: Claims for, collectors to transmit to Secretary of Treasury__________ 934 Claims of informers, how to be submitted and what to contain_____ 932, 983 Contested cases, procedure by collectors_._______--_-___________-___ 934 Detection of frauds on the revenue____--__--_____-___-_________ 932-936 Extortion by informer, penalty for : 936 Fines and penalties imposed by courts not considered in making awards to detectors and seizors 932 Limitation of amounts to be paid as 9382 Opium act, payment of reward for information furnished of viola- tion of, made by court : -- 982 Payees to sign receipt in full satisfaction of their claims____.---__-_ 933 Persons whose claims have not been transmitted by the collector may apply to department_____---------------_-_- 934 Sharing of awards with customs officers prohibited_______________-- 935 To detectors and seizors_____._--------------------------+---------- 932 To informers. auasesscaasatesivdle ica raociadaneee 932 B. Bad order: I. T. goods, discharging officer’s report at port of destination________ 682 Packages, transportation in bond ee 6638, 664 Badges, furnished by department. - 1061 Baggage. See also Passengers’ baggage. Coastwise via foreign ports______--------_-_----------------------- 3875 Customs officers not to open - 363, 373 Declarations— : Not required from persons on board American naval vessels____. 367 And entries, preparation of. het Lopt he he i nad u57 Diplomatic and consular officers’ 2 3876 Domestic, in transit through foreign contiguous territory__-_.__-_-_ 374 Ferryboats carrying, must report to’customs officer______-__--__--_-- 180 In transit, special manifests required________-__-___-_--_________- 370-374 On trains running between ports in United States through contiguous foreign territory__-_ moist 374 Receipts for, from carrier, form of_-___-__-__--------------------- 370 Unclaimed and unaccompanied____-___-__-__-----------------_---_-- 368 Uninspected, from contiguous territory______-.___---___-___------_- 873 Bags: Domestic origin, free of duty, when__---___-_---------------_------ 337 Marking of, for drawback purposes_______-_-_-___- _. 878 Part of vessel’s equipment, free of duty, when------------__.______ 337 INDEX. 601 Ballast: Article. Discharge of, permit for___-----------_--------------------------- 128 Not to be laden while vessel is discharging______---_--------------- 1081 Balloons for touring purposes, free_----------------------------------- 378 Bankruptcy of importer, United States is first creditor for duties aceruing. 233 Barges: And lighters shall be documented if conforming to provisions of classes 1 to 8 . thes at 10 Exempt from documentation, when__---------------.-------------- 14 Name may be niarked on bow__----------------------------------- 26 Seagoing, when must be inspected___.--_-_-----_------------------ 33 Benzine not to be carried on passenger vessels_____-_---_-------------- 159 Benzole not to be carried on passenger vessels______------------------- 159 Bicycles, for touring purposes, free________-_-_------------------------ 378 Bills of health: Entry not refused for nonproduction of 91 Master to deliver duplicates of, to collector__._______--__---------- 91 Not required for vessels plying between foreign frontier ports and ad- jacent domestic ports. 91 Not required from ports where there is no American consular officer_ 91 Bills of lading: Bond for production of 219 I. T. merchandise, fact to be noted on mail copy of entry_____-- 677 I. T. shipments 675 Copies of original, not to be accepted unless indorsed by agent of line_ 675 Covering I. T. goods other than included in entry, to be retained at port of first arrival 617 Drawback entry, what must show__-----_~----_-_----------------- 875 Holders of, deemed consignees of imported merchandise___________- 219 I. T. merchandise, rules to be observed upon entry_-___------------- 675 Merchandise covered by different, not to be included under one I. T. entry, when aie 675 Necessary to establish right to make entry___-__----___-_-__---_-- 219 Retention of, by CollectOri con. +. seen nse ete see sees peees 220 Through— Drawback merchandise shipped on Ci 864 Goods from Philippine Islands, free-__._________--_-__------_--- 192 Rules to be observed upon entry. pete! 675 Underwriters or salvors need not present.__----------_----_--__-- 220 Bills of sale: 7 Index of all, to be kept at headquarters port___.______-_-____-__---_-- 57 Must be produced to collector in case of sale or transfer of vessel___ 53 Bins, bonded, for storage of grain 709 Birds: Certain kinds prohibited importation oe 513 Eggs, importation for purpose of propagation permitted____________ 5387 Game, unplucked, admitted to entry, procedure____-________________ 578 Blank forms: Index ecards classed as, when___-----_---------___-_ a 1207 Regular paper sizes..------2---=+ =~ 2-224 24s se 1205 Requisitions for-_____-------------- Sewage aaa ie eee 1204 Standard formiss-.1---- 22555222552 eee te 1206 Suggestions as to changes in, invited_______________-----_-_-----__ 1206 602 INDEX. Board of General Appraisers. See Appraisers, general. Boarding officers: Article. Certificate of, on original manifest, form of.______.__._______________ 85 Compensation allowed for boarding vessels at night________________ 127 Destitute American seamen to be mustered by__--------_------------- 85 Penalty on master for obstructing_______-----------_------__------ 89 To report master in writing for failure to produce manifest_________ 88 Boarding or leaving vessel without permission_____._________-___-_-_-_ 113 Boats not household effects_________-------------..-----_-------------+- 346 Boll weevil, importation of prohibited___--____-____-______---__----_-_-_ 513 Bolting and press cloths, marking___-_-_____--___---_--_-------_-------- 403 Bona fide exportation of merchandise, what constitutes__________________ 999 Bond. See also Bonds. Articles for outfit and equipment of vessels, evidence of eancellation of see 407 Breach of, given for free entry of certain works of art_.___________ 398 Change of destination of merchandise, requirement for______________ P13 Collector to execute on appointment_______---------______-----____ 1189 Duties deposited in lieu of, refund of a5 383 New procedure of collectors under___-._--------------------------- 978 Préliminary @ntrys2s2- 225245 42. ee 127 Redelivery, procedure if consignee fail to comply with terms of___--- 473 Residue cargo for— Roreign p0rtS 22-2. 2225 see see sees se aso cscss scene cssescnese 133 Other districts: 222.0. cocesecei sen seen Sek ec ee ees 132 Special-delivery packages, form of__-------.----------------------- 288 Transportation in. See Transportation in bond. Withdrawal of articles for outfit and equipment of vessels from ware- howisée, required.......22-22-4-52---2--=445-2=-: = 406 Withdrawal of supplies for merchant vessels____-_-----_----------- 410 Cancellation. of 1.2.2 2-ssesn senses oceee eee ese eseeteseses 414 Collector’s indorsement thereon__----------------------------- 412 Bonded: Bins; for storage of: grain... 2----2-2--ss2sesnesossee ewe seeeesee= 709 CaTrierSy 35422 Shan esn see a eweneeees ccnb esses steels 659 Cars, who may remove seals_-_---------------------------------- 665 Cartmen. See Cartmen. Cellars or vaults, for storage of wines and spirits__.._______.___---_- 709 Elevators, for the storage of grain_____-__-_____-____- 709 Manufacturing warehouse. See Manufacturing warehouses. Merchandise— Agents of trunk-line association may open and inspect-___------ 669 Carriers responsible for duty on shortages in__-----_-___-___-__ 667 Charge against carrier’s bond for each shipment carried under transportation and exportation entry___-_---_----_-_-___-_-_- 694 Control of, in warehouses. 71 Examination and sampling of, by importer, permitted___________ 7265 Examination packages sent from warehouse to appraiser’s stores to be returned for delivery. _ 729 Exemption from taxation of, in bonded warehouse____---------- 731 From foreign contiguous territory in less than carload lots______ 702 Inventories of, in warehouse, to be made, when_________-______ 744. Loss or detention of. 885 Nonbonded goods may be transported in same car with, when..__ 661 INDEX. 603 Bonded—Continued. Merchandise—Continued. Article. Responsibility for safety of._..._-_-.--_--------------------- 730 Subject only to orders and decrees of United States courts__-_--- 71 Transfer of, to another warehouse__________-_______-_--------- 728 Transshipment of. : es --. 665 Ores and metals in smelting and refining warehouses to be kept separate from nonbonded_.-_---.-------___-_____--------------- 786 Stables for storage of animals___._._.___-_____-____---_ eee eee 709 Vaults for storage of wines and spirits_____________.___.______-___-- 709 IVT CT OS OS eS a a ae a se pn 709-801 Accommodations for storekeeper in_-_--_______________-__----- TIT COO UTNE ant ct a es eel a a ee dls 742-746 » Alterations in, permission required to make_____---___-----_--- 714 Application to bond =! 710 Articles manufactured in, subject to duty on reimportation____ 335, 420 Bond for, approved by department________._-___-__-_--_---___ 985 Cigar-manufacturing warehouses TT4-178 CTS SG A 0 Toe a ee ot rad ee 709 Delivery of merchandise from en Mee Destroyed and rebuilt, new bond necessary_.__________________ 713 Discontinuance, procedure in ease of_____________-______----- 716 Drugs may be repacked in, for exportation-_-...________------- 727 Examination of merchandise in, by importer, permitted_____.__- 725 Examination packages to be returned to, for delivery______-_-___ 729 Execution of bond TW1 Expired and uncanceled bonds, report of____...._____-________ 746 Fires not permitted in 718 Imported goods may be transferred from, into manufacturing warehouse 753 Imported merchandise in, is exempt from taxation__-____________ 1 Importers must designate on entry_____-_-_--_________-_-___-- 239 Inventories of merchandise in, when to be made______________ — 744 Labor and storage charges 723 Liens for freight 732-741 Lights in, provision for. 718 List of ports at which, are established_____________________ 685 Locks, special customs, on doors_____--__________-_-_-- 718 Manufacturing warehouses T47-T73 Merchandise in— Subject only to orders and decrees of United States courts_. 731 Subject to charges for labor and storage____..____________ 723 New bond, when necessary 713 Offices for storekeeper in wea, “(AT Partial use of building, bonded section must be separated from TGS sds eee mia et a a ee ahs 709 Permits for delivery of merchandise from, how to be indorsed_. 722 Proprietor responsible for safety of merchandise in____________ 730 Refilling of wine casks in, permitted_......-.__._..... = 726 Renewal of bond sone. HD) Rules relating to management of, to be posted_________________ 719 Safety of merchandise in, collector not responsible for_________ 730 604 INDEX. Bonded—Continued. Warehouses—Continued. Article. Smelting and refining Ee aan ---- T19-787 Lead a eae ale ee ts 788-798 MMeCMING Of WING = «20 23 ee ee 799-800 Storage of tea im Som 801 Storage warehouses______--___________-_---__---__-~------- 710-781 Storekeepers. See also Storekeepers. Compensation of, how paid_-__-___-_______---------------- 720 Offices for, in - 17 To keep record of receipts and deliveries__._..__________--- 743 Surroundings of bonded premises, changes in, likely to affect security. 7138 Suspension on application of proprietor________._______________ 715 Transfer to another warehouse. ee -- 1728 Unclaimed goods in, record of, to be kept-_-_..---____________ 745 Warehouse ledger seas. 742 Yards or sheds, for storage of heavy or bulky merchandise_________ 709 Bonding seized property, procedure. -- 924 Bonds: Abbreviations not to be used in__--_---_--____--------_------_-_- 987 Alterations and interlineations in, to be made before execution_____ 985 Approved by collectors aes 985-995 Form and execution of__---.---_-__-------------------------- 986 Approved by the department, execution____-____--_____-____---_-_- 985 Authority of collectors to cancel AS ane -- 1000 Breach of, given for free entry of works of art.____________________ 3898 Cancellation of ~- cok 996-1004 Bona fide exportation requisite. 2 999 By collectors a ---- 1000 By mistake, no obstacle to its prosecution_________---__-_-_-__ 1004 Export bonds pe See hore pete 996 Landing certificate as evidence___-_.-___-__--_-------__-_-- 996 Game birds, unplucked 538 Given by proprietor of manufacturing warehouse________._____ 760 Deposit of domestic spirits in 713 Given for landing certificate, drawback goods________________ 847, 848 Pure-breeding certificate, production of_-___--____-____________-__ 433 Six months’. 7 385 Statutory evidence on exportation from continuous customs cus- tody for drawback 997 Through fraud, no obstacle to its prosecution._________________ 1004 Vessel’s 67 Materials for construction and repair and outfit and equip- ment of. 407 Waiving of requirement for production of landing certificate for. 997 Warehouse and immediate exportation_______.-_____-_1_-__-_--_ 998 Withdrawal of supplies for merchant vessels__________________ 414 Classes of customs -- 985 Common carriers— Approved by the department_-----__--______-_-_-__________-__ 985 Must execute. 659 INDEX. 605 Bonds—Continued. Article. Corporation as principal or surety on, evidence of authority to execute _ 985-990 Attorney in fact executing, power of attorney required__-_---_-- 990 Rubber stamps may be used for name of_________________--_..- 990 Corporate sureties on danas 993 Customs) 224-3 sass ee ona ese sees = Sse Se 9841004 Delinquent, sureties... ssn ou ne oe se ee ee ees 995 Entry for warehouse and transportation_________.___--------_..--- 684 Exportation, withdrawals from warehouse for____-.-------------- 268 Extension of certain, by collectors__.._.___------------------------ 1001 Firm executing as principals, names of individual partners may be omitted = 986 For— Duplicate checks 971 Bxamination of machinery ‘at factory__.___------- Sees 565 Lading and unlading of merchandise approved by the depart- ment __- 985 Landing certificate, drawback goods_._----_-----_---------- 846, 847 Merchandise for foreign ports not to be landed in United States. 180 Production of— Affidavit and certificate covering importations of works of art free of duty 395 Certificate of— Condition of distilled spirits in bond___-_-_-_.---___-_ 339 Exportation 334 Invoice Fister bot Saree wath ohare te 202 Owner’s declaration 229 Proof of landing of goods abroad___--____---__--------___- 268 Pure-breeding certificate for animals_________________-___-_ 4383 Return of delivered packages 230 Return of plumage of unplucked game birds to collector_____-__ 538 Smelting warehouses hee, MD Renewal of 780 Transportation and exportation of metals refined in bond, form. 784 Transportation of merchandise— Approved by the department____~_~~ Rs Rann ih ae 985 Common carrier may give miss 127 Freight lien, bond of indemnity for delivery of merchandise________ 740 Incorporation, evidence of, may be waived, when_____--___________ 990 Individual sureties 991 Individuals signing, procedure 985 Manufacturing warehouse -~_ 749 Married women not accepted as sureties on-_----__________--__ 985, 991 Merchandise subject to freight lien_-: _ 740 Mill owners to file, covering duties on grain received as tolls_______ 489 Names of principal and sureties to appear in full in body of__-_ 985, 986 Nursery stock to be released under, when_______-----____--------__ 487 Official, of collectors and other customs officers, approved by depart- ED OA Gites et role er re ee lee Ee Lee ety ny 985 Partnership executing, procedure___-_------__-------______ ”_ 985, 986, 989 Partners as sureties on 992 Penalties 987 606 INDEX. Bonds—Continued. Article. Powers of attorney to sign as surety, who may execute____________ 985 Principal and surety, same party as S 994 Names to appear in full in body of bond_________-_-_________ 985, 986 Principal officers of corporation may execute, when___.___________ 221 Proprietor of manufacturing warehouse to give, for transfer of mer- chandise to --. 759 Cancellation of. - 760 Prosecution of. -~ 1008, 1004 Report for prosecution : --._ 1003 Rubber stamp may be used for name of corporation executing______ 990 Seals on, approved by— E Department. 985 Collectors ak Seetat RO fy ke 986 Six months’— Articles exempt from duty under_-.-._---___---___----___ | 878-385 Duties deposited in lieu of, refunded on exportation_______ 383 Duties collected on articles not exported in accordance with regulations ____ ---- 384 Exportation, expense incident to, who to bear_________________ 384 Extension and cancellation of___-_.--._._..__________________ 385 Procedure on— Entry —-_--- uk 2 - 880 ES DOPCACTON ross tN hs Se ee Ns Ee es 384 SpeClal oss 2 suche e se ae a ek ee ee Soe 385 Statutory, accounts under, how to be kept--__--_---______________ 974 Statutory evidence required to cancel, on exportation from continuous customs custody for drawback = 997 Steamboats on rivers or bays, bond required for enrollment________ 71 Suits upon, collectors to report to Solicitor of the Treasury________ 1063 Sureties on. See Sureties on bonds. Surety companies, list of qualified, to be furnished by department__ 985, 993 Tea export —--- Se ee Sess soee eos See eo eee 522 Uncanceled— Reported to— Department --- 1002 District attorney__ . 10038 Vehicles or lighters for customs cartage purposes, licensing_________ 826 Voluntary, accounts under, how to be kept-_--___-_-_______________ 975 Waiving of requirement for production of landing certificate for @ane@ela tion: Of sos. 22 oe be ee ee 997 Warehouse— And immediate exportation, how canceled_____________________ 998 Approved by the department______________--- 985 Deficit resulting from sale of ‘abandoned merchandise to be col- lected upon_-_-- = ey Mw bee. 2 oe 819 Expired and uncanceled, report of, to auditor_________________ 746 New bond, when necessary__._-----_-_--------_______________ 7138 Numbered consecutively_-----__-__-____-_-_- 742 Renewal of. Se ee we ee ea ap es etna 712 Sureties liable upon, until duties paid or merchandise exported__ 241 Witnessed by at least one person, requirement for_-________________ 986 INDEX. 607 Article. Bonds, notes, and other securities of the United States, vessels required to receive on board 154 Bones: Prohibited importation conditionally 510 Require disinfecting before shipment in transit permitted_____-_---- 694 Books: And printed matter may be imported through the mails____________ 299 Bearing false notice of copyright prohibited importation___------_- 459 Copyright provisions applicable to 458-461 Certain, exempted from 460 Copyrighted in Wnited State, may not be imported if printing and binding done abroad, exception 460 For institutions, entitled to free entry, list of, to be filed with affidavit a 891 Imported by religious or educational institutions, free____________ 386, 388 Books and records, inspection of importers’, by accredited customs officer. 896 Bottles, missing, containing liquor, allowance for, when_._----_----_--~- 609 Branch pilots. 187 Branding articles of public property. 1192 Breach of bond given for free entry of certain works of art___-_-__-_--__ 398 Breadstuffs, in-transit shipments, how to be returned for statistical pur- ‘poses = 1046 Breakage and leakage: ‘ Contents exported : oe Se ae 613 Wines and liquors, allowance for, when___-_.-_------------------ 610, 612 Breeding purposes, animals for__--_---.--___--_---------+---------~- 378, 380 Bribery of revenue officers and employees_______-_-__----_.------------- 937 Brokers;. CustOmhouse..-=+=<22s5esseesses see ene sce ee eee e se esee es esee 1188 Brown-tail moth, importation of, prohibited__-_-___-_-__-__-_____________ 513 Build or tig of. vessel. changed. 2 225..-22- 25+ ss25 55.333 oe ese 60 Builder’s certificate: Must ‘be sufficiently descriptive to identify vessel__.._..._.___________ 28 Necessary to produce, when documenting vessel____..___.__.___.._. 28 Not required if certificate correctly indicates tonnage of vessel______ 36 Prizes and forfeited vessels, certificate not required in cases of______ 37 Buildings: ; Public, functions of custodians___ eS 1187 Rented premises. See Rented premises. Search of, for smuggled merchandise___.__-__----__-_--_.__-_______ 903 Bulk, merchandise imported in, exported with benefit of drawback, how__ 838 Bulk cargo; . Labels on packages to accompany samples sent to laboratory_______ 467 When railroad weights of, may be taken__-_____________________ 617, 1108 Bulky merchandise: Bonded yards or sheds for storage of__---_-_-------_______---_-____ 709 Examination of— At importer’s premises or on wharf_------____-_--____________ 564 How designated__-._____--_____ aaa east he 230 Samples not required in case of protest___.__._-___-.________________ 647 Bullion: Care in making returns for statistical purposes_____.__.____________ 1007 Sampling and assaying of, in smelting and refining warehouses______ 187 Vessel of the United States required to receive on board__..._______ 154 608 INDEX. Bunker coal: 7 Article. Statement of quantity taken on board required_____________________ 1045 Statistics of 1045 Vessels calling for, at port, not required to file manifest__________-_ 90 Must file manifest if outward bound 110 Not required to land Ea, eas wees, ALO Burden of proof: Customs officer soliciting gratuities____._._____.___.----______---- ee 9388 In forfeiture cases ae 929 Person having in his possession fraudulently imported goods_______ 890 Bureau of Animal Industry, inspectors to pass upon all meat ane meat- food products before release from customs custody___-------2-_______ 479 Bureau of Foreign and Domestic Commerce, returns to. See Returns. Butter, adulterated, exported free of internal-revenue tax, procedure_____ 887 By-products and waste from manufacturing warehouses, withdrawal for consumption 766 C. Calendar month to consist of 30 days for the purpose of computing sal- OTICS owes oe Sees eet oe ee eee eee aaa ser oboe eke es 968 Camphene, not to be carried on passenger vessels________-_-_--__-----_- 159 Canada: Live stock in transit through, feeding and watering of__.-_-________ 704 Merchandise from, to Mexico, through the United States, form of manifest 706 Merchandise transported between ports of the United States, through, form of manifest__ ---- 702 Public lands near boundary line set apart as public reservation_____ 903 Canadian vessels, making trips to United States ports, not entitled to ex- emption of ferryboats______--_- aS sets 180 Canal boats exempt from documentation, when___-----_.--------------_ 14 Cancellation of : Bonds. See under Bonds. Customs cigar stamps Behe re ects ae nee Ets 776 Mail entries by authority of Secretary of ‘Treasury_______--______-_ 312 Marine documents eee ot te ee oe 66 Special: Ponds)... sepa cec ea 2kess epee e eet ess eet sate ste 385 Stamps on packages containing liquors_______-________------_-_-_- 449 Capacity of casks of imported liquors. sa 557 Cards, comparative valuation report, preparation of_______---__________ 591 Cargo: Bulk, collector may permit unlading of, elsewhere than at port of entry ae 120 Discharge of----------------- 120 Before arrival at destination, penalty for______________________ 121 Computation of working days for____--__--_--________________ 126 Expense of unlading at place specially designated, how proportioned. 120 Limitation of time for unlading shall not extend to certain_-_________ 126 Not in bond, may be Jaden at night in absence of inspector, when__.__ 1093 Of wrecked vessel, disposition of__-_-_-_-_-________________ --- 188 Perishable, unladen from vessel in distress, permission to enter______ 123 Record of disposition of----------.------------.------------------ 129 INDEX. 609 Cargo—Continued. Residue— Article. For foreign ports, bond__.--------___ Be Cosas. ae 133 For other districts, bond__-_._.-__~._-_.---------...---------- 182 Master to obtain from collector certified copy of report and manifest before departing 134 Return of discharge of, what constitutes__________.-.--__---------- 129 Subject to contributions in general average__.___-__--__-___-__---- 735 Time for discharge of _-__-_-.-_.-_------------------ 126 Unlading, limitation of time not extended to certain____________--__ 126 Vessel’s— Delivery withheld, if subject to contributions in general average. 735 Prevented from reaching destination 124 Wrecked, disposition of. 138 Carriage of: Destitute seamen in United States vessels____.___---_------------~- 103 High explosives on common carrier prohibited__--___-_--_---_-_------ 158 Passengers Salis nee pe Se ee a ee 141-147 Carriages not household effects__.__.___----.-_------------------------- 346 Carriers: Application to bond 659 Bond— Charge against, for each shipment carried under transportation and exportation entry s5 694 How canceled —_ ~ 694, 697 Penalties assessed against__ 668 Bonded— All merchandise in bond must be carried by___----------------- 659 Sealed cars 702 Warning cards to be attached to cars by__-------------------- 662 Liens for freight and other charges against merchandise__-____-___ 732 Responsible for duty on bonded merchandise not delivered___-_____ __ 667 Cars as constructive warehouses for Bune Of t@asec eo 515, 801 Cartage and lighterage SoS ~ 823-835 Bonds for licensing vehicles or lighters______-___-___________________ 826 Classes: Of -Cantagen sa. e seat e sca esac ee eta ee eee wey 823 Designation of cartman or lighterman on entry of bonded merchan- dise ne 827 Discrépancies in quantity..-..2+-.-<-s...ssese ns sees seek kann 831 Government cartage Seay sey | B24 Importers’ ‘cartape. 2222 oc nt eee eo se ee ek eee 825 Inability to deliver merchandise_______--___----._--_-_-_-_--________ 832 Liability for prompt delivery of merchandise______-_______________ . 829 Licensed vehicles and lighters__.--___---__---_-_-____-___________ 826 Loss or detention of bonded goods___-----------___-___--__________ 835 Marking of vehicles and lighters_-_________-____--__-_____________ 826 Receipts to be given by cartmen and lightermen___________________ 8380 Supervision of. e 832 Suspension of cartman or lighterman____-_____-_----~--__________ 834 “Tickets furnished to vehicles and lighters carrying merchandise by G@UStOMsS: iGMCCi 2. 222.) Se ee re 828 Cartage, storage, and labor charges, entry by appraisement, who to bear. 294 3180°—15——89 610 INDEX. Cartmen: Article. Bonded, all merchandise to be transported in bonded vehicles or lighters --. 664 Discrepancies in quantity or condition of merchandise carried______ 831 Importers and exporters to designate, on entry of bonded goods_-___ 827 Inability of, to deliver merchandise. 831 Liability of, under bond, for prompt delivery of merchandise___--___ 829 Must be present to take merchandise when ready to be sent___-_-_-_ 833 Receipt to be given by, for merchandise received___----_-___--_-___ 830 Suspension of = 834 To report loss or detention of bonded goods___-______--__--_-_-_--- 835 Cashiers: All collections to be entered in register of collections and deposits... 950 Daily report of receipts and deposits. _ 955 Financial records 972-979 No authority to disburse public moneys for any purpose___--_______ 949 Rendering of accounts 972-979 Sole recipients of moneys collected--------------~---_--------_--__ 949 To indicate receipt of duties on face of entry_._____-__--_---_______ 949 Casks: And barrels for shipment of refined metals, permitted to be trans- ferred to smelting and refining warehouses___--__------__-_ ae 783 Of imported liquors must be of 10-gallon capacity___._.._____----___- 557 Casts of sculpture for use as models, free___----------_---_~------~--__ 393 Casualty : Abatement of duties on account of. hes 595-599 Application for remission of duties___--_---.-_-_----_------------- 596 Articles under bond destroyed by------------------------------~--- 385 Merchandise damaged by, appraiser’s report on__-------________-_- 574 Occurring more than three years ‘from date of importation, no refund of dUtys.. 222.2 225-c2 22255 2c deseo seges eee sces 806 Partial loss or damage in transit__-____--_-------------------_-____ 598 Procedure for remission of duties on goods lost or damaged through Soi See 595-599 Remission of duties on account of. 595 Report of, to be made to department ee 597 To vessel, report of. : 59 Collectors to transmit to Coast Guard and Commissioner of Navigation____--__--_--- 59 Total loss of merchandise in transit 599 Catalogue of books and blanks to be kept in each chief customs office__.__ 1206 Catalogues of: Sale of unclaimed and abandoned goods, what to specify____________ 811 Unclaimed goods to be sold, to be issued by collectors______._______ 1203 Cattle: In transit through Canada, feeding and watering of-_______________ 704 Neat. See Neat cattle. Caution notice: Customs officer to place on packages to be examined at importer’s premises 564 Onn. Clear’ DOR eS 2st Saad ool tee Ned q77 Cavendish plug and twist tobacco, packing_---_-_--____---__---_--.______ 444 Cellars and vaults, may be bonded for storage of wines and spirits only__ 709 a INDEX. 611 Certificate : Article. Debenture, for drawback purposes a Jes 852, 880 Issued to passengers on registration of valuable effects_------------- 369 Nonlanding, issued by collector on final clearance, vessel carrying drawback merchandise 877 of— Collector of internal revenue— On tax-paid alcohol 885 Philippine Islands, affixed to outer shipping case_----------- 194 Condition of distilled spirits in bond returned_----------------- 339 Consignee, landing merchandise at foreign port---------------- 997 Delivery— Entry for rewarehouse were 7258 Executive officer of scientific institution to file-_____-------- 390 Imported merchandise for drawback purposes, form_------- 872 Tax-paid alcohol 883 Deposit— By whom issued and for what purpose____-_-------------- 927 Form and disposition 958, 956 Funds not pertaining to customs, certificate to designate branch of service 952 Repayment to appropriation, certificate to state year to which it belongs 953 Depreciation 205 Disinfection, required on importation of rags.__--------------- 512 Entry, forgery of_ f 942 Exportation— Charge against carrier’s bond canceled by production of-__.__ 697 Iron or steel drums ees 348 Merchandise exported with benefit of drawback____.-__-___ 845 Returned domestic goods, when waived_-------------------- 334 Foreign—- Postal officials as to receipt of mail packages on which draw- back is claimed = 888 Seller of works of art, form 895 Importation, for drawback purposes____----------~------------- 871 Inspection— Copy of, to be filed with collector before marine documents TSS UC atte a ee eS SS ee as 33 Expiring at sea or in a foreign port________-_-___--________ 33 Expiring ‘within 15 days of date of sailing_____._.-_________ 33 Foreign— For meat and meat food products________----_.--_____ 480 For nursery stock. 486 Goods liable to inspection under State laws_____--------__ 151 Local inspectors to file copy of certificate at subports________ 33 Master to post in a conspicuous place____.-________________ 33 Matches . a 533 Temporary, takes place of regular certificate, when________ 33 Vessel must not be navigated without, if required to be in- spected ; sen 33 To be issued to master______-_-____-____-_---_-______ 83 Lading, inspector’s, transportation in bond, form of.------.--_- 660 612 INDEX. Certificate—Continued. Of—Continued. Article. Landing, master to obtain, before departing with residue cargo for another district 134 Manufacture, articles made from domestic tax-paid alcohol, form. 8838 Manufacture and delivery— For drawback purposes. 873 Preparations made from tax-paid alcohol__-__--__-_--______ 883 Origin, goods from Philippine Islands . i192 Pratique, necessary to make entry of vessel______________--____ 91 Pure breeding of animals 432 Protection issued to foreign-built vessel purchased by citizen____ 76 Reasonable cause in proceedings for forfeiture_-_______._________ 930 Record— Regularly numbered = 15 Surrendered and canceled when vessel documented as of the United States ____ x 15 Registration— Automobiles taken abroad for touring purposes_..__________ 421 Foreign-owned teams and vehicles, requirement for, when__ 423 Pure-bred animals 432 Valuable effects of foreign origin----.__-_-_-_--____-_______ 369 Registry— Forms to be furnished to collectors____-___-__-_----------_-_ 17 Must bear seal of Department of Commerce_____.-________-_ 19 Provisional, issued and exchanged for certificates prescribed by Secretary of Commerce____--------------_----------- 11 United States vessels must have, if engaged in foreign trade_ 17 Tonnage duties paid on 117 Certification of copies of customs records, fee for________---__________- 980 Certified— Bank checks receivable for duties on imports, when__----___________ 946 Copies of records, fee for certification : 980 Statements filed in case of refunds by reason of sustained protest, what to show 657 Change of— Build or rig of vessel 60 Destination of merchandise, bond required on entry______-___-_____ 213 Master of vessel 44,75 Name of vessel— Application for. 62 Publication of, in daily or weekly paper required______________ 62 Praideé-of Vessel: 2. ohabs22 2 5-2 Sons ee eee) i 61 Character of institutions, collector may require evidence of, on request for free entry of certain articles. = 389 Chargé d’affaires, free entry of effects. when_-________________________ 3876 Charge under carrier’s bond for shipments carried under transportation and exportation entry 694 Charges: Accruing against unclaimed merchandise and merchandise in ware- house over three years, priority of certain_______..._________ 816, 817 For labor and storage on bonded merchandise___...-.-------_______ 723 INDEX. 613 Checks: Article. Certified bank and travelers’, receivable for duties on imports, when_ 946 Deputy collectors’ signatures to______-__--__+__---_--_--___------- 960 Duplicate, procedure for obtaining__________---___-__--_____------ 970 Chinese-exclusion fines, moneys received from, how accounted for____-_- 974 Chop list, tea importer shall submit on entry__________--_-_--_-_----_--- 516 Cigar stamps, sold to manufacturers by collectors_____---_____-_------- 715 Cancellation of, procedure save TAG Cigar-manufacturing warehouses ~ TT4-778 Cancellation of customs stamps________-_.__-___-_------------------ 776 Caution notice to be affixed to each box before removal from_____-_- V7 Cigars may be exported from, without payment of duty, how___-_---- G74 Customs stamps to be sold to manufacturers by collectors_____--__-- 715 Cancellation of, procedure pes. RIG Exportation by parcel post, parcels to conform to regulations as to SIZzevand WeleN tran ee ee Gee ee eee ee TT4 Exportation of manufactures from, by parce] post-_-_-_------------ 174 Manufacture and withdrawal for consumption_____--___------------ TTA Proof of foreign landing of‘exportations from, when________-------- 174 Record of receipts and deliveries of tobacco to be kept____-___----- 774 Stamping requirements to be observed before removal of cigars from_ ‘174 Transfer of scraps, cuttings, and clippings of tobacco_____-_-_------_ 778 Withdrawal for consumption -. T4 Cigarettes. See also Cigars. Allowance of, in passenger’s baggage free of duty__--_-__--__------ 361 Customs and internal-revenue stamps required on____-_-_---_-_--__ 442 Customs-inspection stamps required on, arriving as passengers’ bag- gage ____ i Ka ato Screener Sen e 361 Entry of less than 3,000 not permitted______ iS ode ee Se 443 How to be packed See Ate we te 8 Se ees 443 Illegally packed— Appraiser to report all, to collector_____________--__-_______-___ 442 Seizure of__ Sees SSsotee seo eoee et eee 443 Imported contrary to law, seizure of. ae 443 In passengers’ baggage, not included in $100 exemption______________ 861 Mai Wentrie€S: 100i. ase ek oe ee ee eS 326 Number of, permitted to be packed in boxes_____-____--___________ 443 Packages containing, in passengers’ baggage, must have internal- revenue stamps affixed (a Re Sr ANE tate tes EL 361 Packing of 443 Quantities in excess of allowance in passengers’ baggage, how de- NIN@RGs 22223562 os eee ee eh in 361 Unclaimed, destruction of, if not bringing price equal to internal- revenue: tak ot Sale. 226-2200 ok eet 809 Cigars: Allowance of, in passengers’ baggage free of duty______-____________ 361 Boxes to be used once only. W717 Caution notice to be affixed to each box___--_-________-__- 17 Cheroots, and cigarettes, stamping___.__..-..----- 442 Customs-inspection stamps required on, arriving as passengers’ bag- gage —___~-~-----------~----~----------~-+-+--~-+-------- +--+ e 361 Domestic, returned, inspectors to mark and stamp________________ 442 614 INDEX. Cigars—Continued. Article. Entry of less than 3,000 not permitted , 443 Exported free of internal-revenue tax, procedure_______------------_ 887 Exported from manufacturing warehouses without payment of duty. how : G14 How to be packed 443 Illegally packed— Appraiser to report all, to collector____-___-___----_------------ 442 Seizure of. - 443 Import stamps furnished by department____________-_--_--------- 1208 Imported: contrary to law, seizure of 443 In passengers’ baggage, not included in $100 exemption_______-____ 361 Mail entries for. 326 Number of, permitted to be packed in boxes_____-------__----_-_- 443 Packages containing, in passengers’ baggage, must have internal- revenue stamps affixed wesoe. (361 Packing of. : 443 Parcels containing, must conform to postal regulations as to size and weight : & 174 Quantities in excess of allowance in passengers’ baggage, how de- livered 1 361 Record of valuation, etc., of, to be kept at each port____--_-____-- 442 Stamping of, procedure__-_ 442 Unclaimed, destruction of, if not bringing price equal to internal- revenue tax at sale. 809 Weighing of, procedure_ = et fasts --- 442 Circuses not to be included in statistical returns of imports and exports, when = 1012 Citation of persons by appraisers or collectors for purpose of examination. 896 Citizenship: Master’s oath as to s 39, 42 Miller grinding Canadian grain must file proof of_.________-__----_- 440 Necessary requirement for importer of pure-bred animals__________ 4381 Requirement of, for sureties on bonds. 991 Civil-service examination, instructing for, prohibited_._____.____________ 1174 Claim for seized property, value not over $500, procedure________-______ 915 Claims : Against the United States, set-off of------------------------------ 658 For compensation, awards in aes, 932 In favor of the United States, compromises______-____----------_-- 927 Classes of customs bonds. 985 Classification : Appraisers or collectors may examine any person under oath on mat- ters pertaining to 896 Change in— Higher rate, when effective. 630 To be reported to Comparative Valuation Report Bureau____--- 504 False, penalty for effecting entry by means of--__-.--------_--____ 940 Special classes of merchandise 462-560 Classified : : Civil-service positions 1141 Laborers, appointment of 1148 INDEX. 615 Clearance: Article. Coastwise % 166 Licensed vessels ---- 164, 166 Granted to vessel carrying unmanifested opium or cocaine, when__._ 898 Not to be refused to vessels for fine imposed upon master_._______-_ 99 Not required from vessels arriving from guano islands___________-- 173 Refused until penalty for having unmanifested opium on board is paid 97 Requirements on 148 Steam tugs, exclusively employed in towing vessels, not required to file 180 Vessel departing for place in another district where there is no ecustomhouse ---- 178,179 Clerical error in transportation entry, how corrected___---__------_----- 254 Clock dials, imported, how to be marked = 450 Cloth boards, American consuls to keep record of___-_----------------- 344 Coal: Bunker. See Bunker coal. Lading of, while vessel discharging, or during absence of inspector, prohibited 1081, 1093 Proposals for furnishing, what to include___________-_---_-----___ 1196 Coal oil not to be carried on passenger vessels___.__________------____ 159 Coastwise : Baggage via foreign ports. Bes a= 815 Trade and fisheries. Zee -- 163-173 Trade— Arrival of vessel engaged in, at another port._________________ 169 Entrance and clearance of registered vessels_______-__-_------ 167, 168 Entry and clearance of licensed vessels____-_____-_-------___-__ 164 Foreign vessel may not engage in____.___-_____________--____ 131, 184 Master of vessel in, to keep count of passengers______-_.---____ 170 Pilots required on vessels engaged in__--_--_____________-_____ 187 Registers issued pursuant to Panama Canal act must specify that vessel will not engage in : a 38 Vessels registered in accordance with provisions of class 8 not to engage in__ 10 Vessel, entry of, manifest required --- 165 Cocaine: Exportation of. Ea 898 One-half of fine recovered for violations of act of January 17, 1914, to go to informer. 898 Seizure of, if unmanifested --_ 898 Codeine, heroin, etc., quantity which may be imported for medicinal pur- poses 546 Coin: No plated or filled article to be so marked_----._______________-___ 552 Vessel of the United States required to receive on board_-__________ 154 Coins: And paper currency receivable for duties 945 Counterfeits of, prohibited importation_--_________----__-___-_-___ 560 Illustrations of, for use in school books and dealers’ circulars, not prohibited Sas 560 616 INDEX. Coins—Continued. Article. Legal weights of gold and silver coins receivable for all payments at customhouses - 948 Collections: Cashiers to enter all, in register of collections and deposits_____----- 950 Deposit, of, dally iscsi es i el ee 952 Duties on passengers’ baggage, statement of_______.--____________- 364 Receipts for, made by officers of customs 951 Collections in illustration of the progress of the arts, free, when________ 895 Collectors of customs: Acting collector, pending appointment of new collector, to give bond. 1065 Appeals to reappraisement by 586, 587 Appraising officers, to designate. --._ 561 Authority to cancel bonds____._-_---___-__-__-__- 1000 Bond to be given by, on appointment. 11389 Customs bonds approved by 986-995 Discretionary power to remit duty when value is less than $1_______ 618 Duties 1063-1069 Examination of any person under oath on matters pertaining to one. sification or dutiable value__ - 896 Extension of certain customs bonds by_--_-___-_-____-_________-____ 1001 May require production of any papers relating to imported merchan- dise ees Gea 896 Neutrality laws, charged with enforcement of___________-____-_--- 1063 No naval officer appointed, to execute all duties_________-_________ 1063 Not personally liable to importers of merchandise__________--_-_-_- 1162 Not responsible for safety of goods in bonded warehouses________--- 730 Oath and bond to be executed on appointment______-_---_______-__ 1139 Recommendation for rehearing or appeal___--_--------_____--__-_ 652 Record of appeals to be kept by__-- - 588 Recoveries in suits against, how paid 1162 Reports— Of shortages and irregular delivery of bonded merchandise to be made by_- 667 On appeals to reappraisement to be sent to appraisers__________ 590 To district attorneys— Concerning violations of the opium act__-____---_-----_-_- 898 Involving fines or forfeitures 922 Retiring, must close accounts. 978 Review on protest 648 Seizures, may release, when 920 State courts can not enjoin, from delivering merchandise to im- porters ease. a 25 731 Will not compel warehouseman to deliver bonded goods_____________ 71 Colleges, free importation permitted of certain articles for use of______ 386-388 Collisions of vessels, reports required from both vessels________________ 59 Combined entry for: Rewarehouse and withdrawal for immediate exportation, form and procedure —__~ -- 260, 261 Rewarehouse and withdrawal for consumption, form and _ proce- dure -~ 258, 259 Warehouse and immediate exportation____-._-_____________ 247-251 INDEX. 617 Article. Commercial samples of tea may be delivered to importers without ex- anination 529 Commercial travelers’ samples: May be passed on dock under certain conditions_________---------- 363 Requirement on entry. 427 Reciprocal agreement with Great Britain as to_-__-_-_---_-__-_---- 428 Common carrier. See also Carriers. Manifest of merchandise in bond, form_____-_---_---~---- ie oe ee 660 Shipping officer to certify by indorsement________------- ------ 663 Railway cars, engines or other vehicles not subject to forfeiture when carrying smuggled goods 906 Receipt for merchandise received by, for transportation_________--- 660 Comparative Valuation Report Bureau, dissemination of informa- tion by. : : 591-594 Correspondence to, how to be addressed____-_--------------------- 594 Comparative valuation reports: Action by appraiser at New York_______________------------------ 592 Correspondence relative to, how to be addressed_______--_---_------- 594 Samples to be forwarded to appraiser at New York daily_______----- 591 List of articles for which no reports required_____.___--__-__-_- 591 Compensation. See also Awards of compensation. Customs employees’, deposit required for, when._____-_------------ 127 Customs employees not to receive, other than salaries for services in connection with customs. 969 Customs officers supervising unlading at night-_.-___--__----_------- 127 Hours during which not allowed 4 127 Inspector’s, for overtime, deposited with collector______-_--__-_--_- 126 No additional, for extension of hours of service, exception________-_-_ 1181 Officers stationed in Canada to supervise transshipments, by whom paid = -_ 705 Protests against exaction of extra aes 127 Storekeepers’, how paid____-_-------_--_-__--________--_-_---____- 720 Withheld from person suspended for disciplinary reasons, refund of, when = 1160 Completion of drawback entry. 849, 850 Compromise, moneys received as offers of, deposit of.__.______-_--_------ 956 Compromises yc Sc len a A AA RR 927 Concealment or destruction of invoices, penalty for_._______.__________ 897 Conception, articles for preventing, seizure of___-______-___--------------- 550 Condemned fruit and other perishable articles, allowance for, on liquida- tion . sane -_ 601 Conditionally free entries_...._. >. 2 nn se cee 382-441 Animals Ege ae arta eg es 431-435 Articles— Exported for exhibition___.____.______---.------------------- 417-420 MOP INStitutions. 3s 32 oe oo ee ee es 386-392 Free under six months’ bond_-_-----___-_-_----------_~___~- 378-885 Automobiles, teams, vehicles, and locomotives____________________ 421-426 Bolting and press cloths ee ee 403 Cominercial travelers’ samples 427-428, Dining-car supplies on international trains____.____________________ 416 Diplomatic and consular officers’ effects_________---_----------._ 376-377 618 INDEX. Conditionally free entries—Continued. Article. Domestic products exported and returned_______________________ 332-345 Grain from Canada to be ground and returned___________________ 438-441 Household effects____________-.-___._ eee 346-351 Materials for construction and repair of vessels___________-__---- 404-409 OTS enn ett og ee ae ee ae Ce ee, 401-402 Passengers’ baggage.________________..- ese 352-375 Products of American fisheries________________-____--_.------__ 436-487 Samples of no commercial yalue____________-________--__-____-___- 429-430 Theatrical effects, moving-picture films, commercial travelers’ sam- ples. See eee 427-428 Withdrawal of supplies for— Foreign vessels of warl-—--_-_-_______--__--_--__---_-- 415 Merchant vessels of the United States________---__-_-___--_- 410-414 Works of art : _. 893-400 Confidential information, papers and documents filed at customhouse to be treated as --- 1025, 1184 * Consignee, nonresident, may make entry 220 Consigned merchandise, statement of cost of production and of purchase price, when required ges 201 Conspiracy to defraud the United States, penalty for______._--_--------- 944 Constructive warehouse. See under Warehouse. Consular: Attestation of statements of consigned: goods__-------------------- 212 To be made in triplicate, disposition of__--_-___-_---_------------- 212 Certificate required on importation of plumage of certain birds_____ 538 Notations on invoices__---_ Bee cs et sg 209 Officers— ; Account of American shooks and staves to be kept by_---------- 340 American, authorized to issue provisional certificates of registry to vessels abroad 11 Baggage. mo --_ 376 Fees to, master to give copies of receipts to collector_____-.----- 95 Free entry of effects, when eaters 376 Letters and sealed parcels for____-___--._-----------------------+ 323 Of friendly nation may certify invoices________---------------- 206 Invoices to be certified by 206 Packages addressed to, arriving in advance of instructions for free entry, disposition of_-_.__--_--------------------------- 377 To be advised of the advancing of invoice values on appraise- ment. . “ 209 To be advised of receipt of unstamped invoices____------------ 210 To make corrections in prices on invoices________--_-~--------- 209 Services to master : 95 Consumption entry. See under Entry. Contagious disease, member of family of employee afflicted with, absence on account of. 1165 Containers, certificate of exportation of, will not be waived__-_-._-----~- 834 Contents exported, as applied to wines and liquors, meaning of term____ 6138 Contents, marking packages to indicate quantity of------------------_- 450 Contiguous countries, merchandise arriving from, in sealed carS_____- 698-701 Contingent fees, agreements for, in respect to recovery under protest, prohibited 643 ° INDEX. 619 Article. Continuous customs custody. merchandise must be in, to receive benefit of OUT AWC aa es oe 839 Contraband of war, clearance not to be refused to vessel for carrying-_ 162 Contract for Government cartage_____--.-__-----_ -.. 824 Contributions for political purposes prohibited_________-___-+---------- 1177 Contributions in general average: Carrier may file lien for 732 Order in which paid from proceeds of sale of merchandise in ware- house over three years -- 816 Payment of, from proceeds of fines, penalties, and forfeitures________ 931 Preliminary notice 735 Control of merchandise in bonded warehouses__________---------------_ 1 Convict-made goods, prohibition against importation-___-_-___-_-__--____- 559 Does not apply when from Philippines._.__._..___._.__________________ 559 Copies of: Artistic antiquities, free under certain conditions.__._____________-- 396 Law entitled ‘“‘ Regulation of steam vessels” to be on board_________ 145 Copy of: All manifests to Auditor for Treasury Department_________--___-_-_- 90 Decision of General Appraisers on reexamination of teas to be sent importer - 523 Report and manifest, master to obtain aS 134 Copying ink not to be used on book records 1198 CO YN U TOS a a al 458461 Adverse claims as to, collectors may admit imported articles to entry. 458 Books imported in violation of copyright act may be exported, when. 461 Books, periodicals, and newspapers— Certain, excepted from provisions of copyright act__.__:_-_____- 460 Copyrighted in United States may not be imported if printing and binding done abroad___ 460 Controversies concerning, procedure in case of_______-______-_--___ 458 False notice of, on imported articles, procedure____________________ 459 Imported articles not to be delivered, when________________________ 458 Infringement of, only, collectors may admit imported articles toentry_ 458 Burden of proof on patty making claim________________________ 458 Piratical copies of, prohibited importation_____.____________________ 458 Cording and sealing: Baggage— Coastwise, via foreign ports 875 * Destined for shipment to port of delivery_______________.______ 3870 Examined abroad by customs inspectors________._______________ 372 In transit to foreign countries. 871 Coastwise baggage via foreign ports 375 Bxpense of, articles under six-months’ bond, who to béar____________ 384 Goods exported with benefit of drawback 843 Material for, furnished by department, charge for____._____________ 661 Meat and meat-food products, cars, etc., to be sealed when examina- tion is at importer’s premises fobs 481 . Packages to be examined at importer’s premises_________.___________ 564 Seals to be prescribed by department. 661 Special-delivery packages which require___________________________ 289 620 INDEX, Cording and sealing—Continued. Article, Theatrical effects or moving-picture films examined by customs offi- cers stationed in foreign contiguous territory_______-------------- 427 Transportations in bond Bitte beet wad ES, Rati 661 Corporate sureties on bonds______.________._____-_- 993 Corporations: Bonds executed by, evidence of authority required_______----__-- 985, 990 Attorney in fact executing, power of attorney required_______-- 990 Engaged in private business, free entry not permitted. of articles im- ported by 398 Foreign— Can not make entry. = a 220 Power of attorney filed by, when accepted_____________________ 221 Correspondence : Authority for spelling names of post offices and geographic names__ 1210 Filing of a aude: 1212 Form and substance. Si AS 1211 Formulas for addressing fee - 1210 Fourth-class mail matter may be sent under frank_--_-----__------__ 1213 General instructions for preparation of official__.___.______________ 1210 Tndorsement® ) Olas oes se ee eee sen sew ese ae --- 1210 Initialing of communications________.____-___-----_-------_------ 1210 Letters of transmittal not required, when_____--_~-__-_--------_-- 1210 Manifolding processes not to be used for official letters or documents_ 1201 Official envelopes to be used___________--_--_--_--___-_-__-------- 1213 Receiving date stamped on_-------------------_------------------ 1210 Relative to comparative valuation reports, how to be addressed__-__ 594 Telegrams Busse eee, = ‘_-- 1214-1216 Cost of: Merchandise not to be included in liens for charges against___.____ 732 Placing merchandise in condition for shipment, appraiser to make advisory report of value of__-_------------------------------- 572, 618 Production of articles partially manufactured, appraiser to ascer- tain, WOW 2222526 -2 5 psc ccc eee eee eee set este ee eee sees coceues 572 Costumes and regalia for official use of diplomatic officers, free________-_ 317 Cotton, loose, not to be carried on passenger vessels__________--__------ 159 Counterfeits of coins or securities prohibited importation__-_-_-__-_--__--- 560 Countervailing duties, merchandise subject to, when_-____-_--_---_-_-- 632 Countries: Accorded privileges of purchasing supplies for war vessels free from internal-revenue tax -_..---_----------------------------------- 415 With which the United States has parcel-post conventions___-__---~- 296 Country and principal markets, definition of term__--__-_-----_-------- 576 Country of origin. Sce under Marking. Court of Customs Appeals: Appeals to aa 653 Liquidation and reliquidation under decisions of_____-__--__------ 654 Coverings : , And containers, certificate of exportation of, will not be waived____ 334 Not subject to duty or internal revenue may be removed from manu- facturing warehouse under customs supervision_____-____-_-_-___-_ 765 Crew list: Certified copy of, delivered to master by collector_______------_____ 152 Production of, to boarding officer____._-_--.---------------------- 86 INDEX. 621 Article. Crew of returning American ship to be produced to boarding officer______ 86 Cuba: Additional duties accruing on importations from, not subject to 20 per cent allowance c 634 Reciprocity agreement with United States_________-_____--_________ 684 Currency : Depreciated, procedure by collector when invoices are made out in_. 621 Depreciation, certificates of 205 Custodians, public property returns. ae 1194 Custody of seized merchandise : 911 Custombhouse: Brokers. en 1188 Must be: licensed 2-2. 2s.csccesneuseeneeeeeceeewen 3-55 1188 Revocation of license__..__.-_-___-_--------------------------- 1188 None in district, clearance requirements ~ 178,179 Customs: Appropriation not to be used for benefit of other departments_______ 1193 Badges, who must wear. 1061 Bonds. See Bonds. Brokers. See Customhouse brokers. Cartage licenses, how issued 826 Cartmen, how licensed = -_ 825 Cigar stamps, sold to manufacturers by collectors____-__-__-<--____ 715 Cancellation of, procedure sila doa i 776 Custody, merchandise must be in continuous, to receive benefit of drawback Bees 839 Districts, alphabetical list of _.-._..____-_-------------_____-________ 3 By numbers. 4 Districts and ports— Number of. 1 Not to exceed those now established_______________________ 1 President authorized to rearrange, by consolidation or otherwise_ L Employees. See Employees. Guards, duties generally. : 1093 Inspection stamps to be affixed to cigar and cigarette packages arriv- ing aS passengers’ baggage. 861 Laws, enforcement of. 890-944. Locks— Doors of bonded warehouses to be secured by___.-_____________ 718 Keys to, to be in possession of storekeeper_____.____.__________ 721 Officers. See also Employees; Personnel. Acting under search warrant, procedure__--.-____________-_____ 902 Aiding or abetting in importation of obscene article, penalty for. 551 Appointed by President, must reside in their respective districts. 1140 Bribery of. a= 987 Changes of station must be reported to department for approval_ 1148 Charges against, removal for = -- 1161 Compensation for night services 127 Compensation other than salaries, may not receive____._____ 969 Confidential information not to be given out by_________________ 1184 Disbursing officers, may act as, when_____.________--__ 958 Duties. See Duties and powers of customs officers. Falsely assuming to be, penalty for___-____-.-________-____ 943 622 INDEX. Customs—Continued. Officers—Continued. Article. Habitual untidiness to be reported against efficiency record___-- 1061 Holding more than one office prohibited_____________-_-__-_ 1170, 1173 Hours of service. 1180 Importing merchandise prohibited _ 1170 Indebtedness of 1186 Insignia of uniformed force eat tte eet At SESS 3061 Instructing for civil-service examination prohibite€d___________-_ 1174 Jury duty, not exempt from : _. 1163 Malfeasance respecting marine documents___________..___-_-_-_ 78 Merchandise consigned to, treated as unclaimed________________ W171 Militia service, exempt from__ 1163 No compensation, other than salaries, for services in connection with customs -_ 969 Not permitted to open baggage for examination_____________. 363, 373 Not personally liable to importers of merchandise______________ 1162 Not required to make copies of records for importers___________ 980 Not to act as agents or prepare entries__________--__-_________ 1171 Notices of issue and surrender of vessels’ documents to be mailed to. 68 Oath before payment of compensation___-____-----_--------_-_ 969 Political activity, not to engage in 1178 Powers. See Duties and powers of customs officers. Presidential appointments ____-_________--_----_-------_-- 1189-1140 Prohibited from purchasing merchandise from persons interested in importing for less than retail market prices_______________ 969 Record of absence. -~ 1167 Removals of, Secretary of the Treasury only can make_________ 1161 Resisting, penalty for 908 Responsible for efficient discharge of duties of subordinates_____ 1060 Reward for detection of smuggling or undervaluation, may not receive. 935 Rewards and gratuities not to be received by__--_.____________ 1179 Secretary of Treasury may cause to be stationed at places other than ports of entry e288 6 Soliciting of political contributions 1175 Refusal to contribute 5 ate 1176, 1177 Special assignments, appearance of uniformed officers to be taken into consideration in making__--__.---_---_----------__--____ 1061 Special deputies, appointment of. eee 1142 Stationed in Canada to supervise transshipments, compensation of, how to be paid eis 705 Subject to fine and imprisonment for permitting unstamped to- bacco to leave customs custody--------------__---_---_--___ 444 Suspension of. 1160 Uniforms, may make own contracts for_-____-_________________ 1061 Relations with insular possessions and Panama Canal Zone_______ 190-201 Seal, impressed upon all official documents requiring________________ 1062 Service. Sce also Customs officers; Personnel. Admission to customs office outside of business hours not per- mitted ____--_ ’ 1183 Appointments to, how made = = -- 1144 INDEX. 623 Customs—Continued. Service—Continued. Article. Contributions prohibited__.-_.__-____________-_--.-_----___----- JLTT Demotions in, reasons for making_---__--_-~ eee ee a a 1158 Disabilities of officers _---___-------_----------------------. 1170-1179 MGlMdayS Sos 5 koe oe a ee Se ele 1180 Hours of business and service___-------------------------- 1180-1181 Immunity and privileges of officers_______-_-_-_------------- 1162-1169 Indebtedness of employees____------------------------------- 1186 Ineligible for appointment to _-__-----_--_---_---------------- 1151 Leaves of absence_____------------__-_-_--------------------- 1164 New positions, how created___---._-----_----------------------- 1152 Nominations to positions in-__--_-_--_-----_--.-------------- 1144 Office rules. wee me, bs --.. 1182-1186 Permanent appointments in--__-_------_----_ SeeE SoS sa 1146, Personnel of. Sate Bicebeeseesecsesso seek 1139-1186 Positions excepted from examinations, appointment to_________ 1147 Preference in appointment____________--____-_____-__-__--_-__ 1150 Presidential appointments in ~-_----.------------------------- 11389 Probationary appointments in__________--_-----___-_--__------ 1145 Promotions in ~ 1153-1154 Removals, demotions, suspensions, and vacancies in_______ 1155-1161 Removals from, made only by Secretary of the Treasury____-_- 1161 Resignations from_-_ ---. 1156 Subordinate appointments in --- 1141-1152 SUSPENSIONS (OM oo a a a ee 1160 Temporary appointments in--_--_--_--_----__----____--__-_____ 1149 Traveling regulations _.....-..-_.--.----+-+.1=-2--s-.2s-=---2< 1185 Vacancies in -- 1155 Stamps— For wines, spirits, and liquors— Comparison of stubs with report of gauger________________ 449 Data required on eats --. 448 How’ t6: be altached = 21202222 te 449 Preparation of. on pled We as —. 448 Procedure followed regarding goods from Philippine Islands_.__._. 194 Uniforms, what to consist of-----__--____-------__ See ea, 1061 Customs-revenue laws: Enforcement of. 890-944 Violations of, applications with respect to, forwarded to district headquarters bes 899 D. Damage: To goods in customs custody— Due to careless repacking, responsibility for____._._._.___________ 318 Due to fire or other casualty________________-______ 595-599 To merchandise in warehouse, no abatement of duties for__________ 272 Damaged merchandise, procedure of appraiser on receipt of order for appraisement of 573 Dangerous: : Articles, unclaimed, special sale of__--____________-_____________ 808 624 INDEX. Date of: Ascertainment and liquidation, what is Consular certification of invoice, what is__________________________ Delivery, wines and liquors, what construed to be, for customs pur- poses. - Entry, what is ee Saas ee Exportation of merchandise as factor in determining market value__ Importation, what is SS Sl ea aT a ep Rebuild of vessels to be noted on margin of marine papers Death: Of employee in service to be reported to department_______________ Of passengers, payment of $10 for each, occurring by natural disease_ Resulting from accident to employee, immediate report of_-__-----_ Debenture certificates : Estimates for payment of, how made wee For drawback purposes, to whom issued_---_--------__----_____-__ Receivable in payment for duties at customhouse where issued_.___ Decay, allowance for, fruit or other perishable articles___._______-_______ Deceased passenger, master to specify cause of death_____________-._-_- Decisions of Board of General Appraisers, when become effective________ Declaration and certification of invoices Declaration and entry: Passenger must make on arrival_____--~___-----__________________ Senior member of family may make for all____-___________________ Uninspected baggage from contiguous territory__._________________ Declaration : Foreign shipper’s, in lieu of invoice, domestic products returned____ Importer’s, articles exported for exhibition-_-_____._______-_______ Manager of theatrical or moving-picture exhibition to make ON. entryesnncssceceecscns eeeettiseseeee oe le Owner of animals straying across boundary to file, form____________ Passenger’s, preparation of Shipper of foods, drugs, insecticides, and fungicides to make. Declarations : Baggage, not required from persons on board American naval vessels_ Shippers’, filed with collectors, to be treated as confidential________ Decree of condemnation and proof of ownership must be furnished col- lector in case of captured vessel Pdteaes Deficiencies in contents of packages, allowance for, when_______________ Deficit after sale of unclaimed merchandise and merchandise in ware- house over three years, how made up__--------------_--__-_-________ Definitions: Actual purchase or agreement to purchase________________-____-___ American fishery ‘Aprival:” of veSSelSi..2 2226 ete ae SS eee bee see eee cce 5 Bona fide exportation of merchandise, what constitutes_-____________ Bonded warehouses, classes 1 to 7_--_-_-----------_--------_______ “ Charges ”____ ocho eee tes set ete cae ease oe oe Contents in condition as exported, as applied to wines and liquors__ Country and principal markets______-____-__---------------_-______ Customhouse broker = mos Date of ascertainment and liquidation_._._-___-_--_--~----_-________ Article. 367 INDEX. Definitions—Continued. Etchings, engravings, and wood cuts___-__----_-_-_-__------------ Exportation a iS esos BP tt Goatees eI MPO Son e2ae leo Sse at Le ee ne Oe ee ee MUNGICIDES iso oa oe eo SS Se Se ee Se Sees Ge@iierall average). 22.2222 n et a eae eS Fee General-order stores Household effects. Home port. Insecticide Machinery, as applied to vessels Manufacturing warehouse Marine document pears fare Marine waters of the United States______-______--_---_--_-------_ Materials for construction of vessels Meat and meat food products. 2S a Motor boats. Night, as applied to unlading of cargo_______..--__-_-_--____-______ Nursery stock Bete Opium Outfit and equipment of vessels Packed packages oS Painting Piratical copies of copyrights = Ports of entry Printed matter Public stores — Regalia_ Sculpture and statuary. one Sea stores Smuggling eee Vessel With regard to free entry of outfit and equipment for Vessels of the United States______--_-____----_--_-_---_________ Delivery directly to consignee by bonded carrier, penalty for Delivery of: Bonded merchandise, permits for. Examination packages__-- Goods advanced over 75 per cent, procedure Mail from vessel Manifests, vessels from noncontiguous territory Penalty for failure to deliver. Merchandise— For adandonment at direction of collector___._.______________ Subject to freight lien, bond of indemnity for Vegetables refused by collector, when_-_-_________________-__ Wines and liquors, what construed to be date of__________________ Demotions in the customs service, reasons for making 3130°—15——40 625 Article. 223 463 618 894 999 463 738 463, 738 709 346 27 463 405 709 8,16 8 405 478 85 127 485 545. 405 282 894 458 2 299 709 387 394 106 932 626 INDEX. Denaturing of: Certain oils— Article. As a condition to free entry tne 40L May be done under customs supervision at expense of importer. 401 Food and drug products on recommendation of Secretary of Agricul- ture 462 Departure of vessel without entry. 104 Deposit: Articles requiring immediate delivery, special, required--_---------- 278 _ How to be treated by collector 280 Certificates of, form and disposition 953 In lieu of bond for return of plumage of game birds, disposition of__ 538 Of— Collections 952 Duties on passengers’ baggage_____-_.___-___-_--_-----_--- 364 Duties, issue of permit on 238 Moneys paid on account of fines, penalties, and forfeitures______ 925 Net proceeds of sales of seized articles_._.-____-___-__--__---_ 916, 918 Papers of— Foreign vessels 94 United States vessel 93 Sums offered in compromise 927 Deposits: Excess of, refund of-_- = 638 Funds not pertaining to customs, certificate should designate bench of service to which it belongs. 952 Night services of customs employees, how credited__________________ 127 Public moneys to be deposited in name of collector of customs________ 952 Depositaries of public moneys 952 Disposition of collections in absence of__----------_---------___-__ 954 Depreciated currency, invoices made out in, procedure by collector_-_--___ 621 Depreciation, allowance for, in assessing duties on passengers’ baggage-. 363 Deputy: Appraisers, appointment of. 1122 Collectors— Duties of. eese 1068 Reports of moneys received and deposited by------------__-__-_ 957 Signatures to checks 960 Collectors in charge, duties of 1067 Conferences of. -- 1064 Naval officers have authority to sign all papers--___-_______-______ 1071 Derelict : Merchandise— DiSMOsitiOM: Of ss. s6s22 252 oo es aS a eS eee ee ose 139 Prima facie dutiable etn emi ta tees 140 Vessel, any person bringing in, may take oath as master___________ 91 Derivatives of opium or cocaine, seizure of__--_--___-.-___________ 898 Descriptive list of effects taken abroad by theatrical manager, etc., to be filed with collector at port of shipment__-________________________ 427 Designation of packages for examination___-._______-___-_-__-_------_ 230, Destination : Entry at port of, I. T. merchandise & ~ 680. Immediate transportation ports of, list of----_-___._---------------__ 673 Of I. T. merchandise, evidence of. ~ 670. Of vessel, penalty for failure to give INDEX. 627 Destitute American seamen : Article. Carriage of, in United States vessels See eee » 108 To be mustered by boarding officer_________________--__---------- 85 Destroying or mutilating records and documents, penalty for_____--_--_ 941 Destruction of: Abandoned merchandise, if worthless_____._-____-___---_-_---------- 604 Articles of obscene and immoral character______-_--___-_---_------ 550 Mead. Condemned 2 2722S ea 527 Unclaimed cigars and tobaeco, if not bringing price equal to internal- revenue tax when offered for sale___.________---___-------------_ 809 Detectors and seizors: Awards of compensation to 932 Claims for compensation, what to contain 933 Detention of: Articles which are in apparent violation of copyright regulations____. 458 Gold and silver articles falsely marked-_--_----__-_------_------__-- 553 Invoice of food products prior to receipt of examination packages, form 469 Liquors not properly marked 558 Merchandise imported in violation of trade-mark regulations________ 457 Nursery stock 489 Shipments of viruses, serums, and toxins for treatment of— Animals 502 Man 506 Deterioration in warehouse, no abatement of duties for_________________ 272 Dies for making counterfeit coins or securities prohibited importation__._.. 560 Dimensions: And weight of parcel-post packages permitted_______________-______ 296 Of vessels to be expressed in marine documents____-___------._____ 21 Dining-car supplies on international trains, free____._-__.________________ 416 Diplomatic officers: Baggage free, when 376 Letters and parcels for, not subject to customs inspection___________ 321 Packages addressed to, arriving in advance of instructions for free entry, disposition of. 377 Regalia may be imported free se BIT Diplomatic pouches, dutiable or prohibited articles must not be placed in. 322 Disabilities of customs officers. - 1170-1179 Disbursements. See also Receipts. Accounts, how to be kept. Mee S 970 Approval of estimates_____-_-_--_--_-_-----_____-______ 962 Authorization for expenditures____________----_-___---____________ 963 Cashiers have no authority to disburse public moneys for any purpose. 949 Collectors authorized to act as disbursing officers______.____________ 956 Daily record of, to be kept by collectors____-_--.--________________ 972 Deputy collectors’ signatures to checks__---_-____--________________ 960 Duplicate checks ee a ea 971 ESCM ACCS pr ee ert rete teem eke ee Lo hfe ee 961 Approval of.) 3-2 eee aes ee et bo oS 962 Expenses not to be incurred without authority of department______ 961, 963 Funds not advanced to collectors until accounts for previous month have. been. Nailed .-----.- onsen eee ceees eset ee nee ae 961 How made. aa omer “SOG Night services, special egtimate for-.-.__.-_---------_----____-_____ 961 628 INDEX. , Disbursements—Continued. Article. Numerical symbols for disbursing officers__.________________------- 959 Oath before payment of compensation_____________________--_------ 969 Preparation of vouchers and pay rolls______-________-_------------ 967 Receipts not required to be given for checks____________----------- 966 Salaries, computation of__.____..._...___ 968 Records of, are property of Government______________ ee 979 Supplemental estimates, when allowable________________--_------- 961 To be made at headquarters port____..__________________---------- 964 “VOUCH ETS oan ee a oe a Ae Ee ot ete 966 Disbursing officers: Accounts, how to be kept--___--_-_-______ ee 970 Collectors authorized to act as____._-________ eee 958 Deputy collectors not authorized to act as____________________----- 1068 Pinned) Weeds. 2a eee eee ees - 972 Numerical symbols for___-------_---_-_--_-- eee _. 959 Rendering of accounts 2 i ___ 972-979 Special deputy collector to act as, when____________-_____-_--_-- 1066 Discharge of: Ballast, permit for______------____-__--__~________ 128 Cargo— Before arrival at destination, penalty for______________-_______ 121 Computation of working days for_-___-_______________________ 126 Return of, what constitutes. hae 129 Lien for freight ae es 737 Discontinuance of bonded warehouse, procedure in case of__--------____ 716 Discriminating duty: Drawback of, not allowed = aos 840 To be imposed only upon instructions from Secretary of Treasury___ 631 Discrimination against American vessels______________--------------_-_ 112 Disinfection of rags. 512 Disposition of : Abandoned merchandise 604, 820 Animals, birds, and insects which are denied entry___-_----______- 513 Articles manufactured in bonded warehouse not laden for exportation by shipping officer. TWA Articles which importer has failed to mark with country of origin-. 451 Collections in absence of depositary. 954 Entries : 295 Merchandise unclaimed 802-822 Plumage of wild birds, seized 5388 Rejected— Food and drug products. 474 Meat and meat-food products 483 Tea ae 524 Viruses, serums, and toxins for treatment of— Animals —— Sis 503 Man ee 506 Screenings and other refuse of recleaned seeds_----~-------------- 497 Collectors to report on, to Secretary of Agriculture___-_-__-____ 499 Special classes of merchandise 462-560 Tea, surplus samples of. 530 Unclaimed nursery stock 488 INDEX. Disposition of—Continued. Unclaimed or abandoned merchandise of no commercial value_----- Unused portion of materials imported for construction and repair of vessels 409 Distilled spirits: ‘American, withdrawn from warehouse and shipped to foreign country can not be warehoused on its return 240 In bond, certificate of condition on return of______-----_---_-__---- 339 On board vessel to be reported to surveyor__-____.---___--_________ 102 District attorneys: Collectors to report violations involving fines or forfeitures to______ 922 Duty of 923 Presumption of fraud, to report on 921 Diversion, merchandise in transit through United States_.__.._.____...___ 696 Dock: Automobiles of American origin, if accompanying owner, may be passed free on, when 421 Merchandise may be retained on, when 249 Dock book : Discharging inspectors to keep alphabetical list of merchandise on manifest 1084 Employees to whom issued responsible for return of, to surveyor_-____ 1096 Gaugers to keep 1112 Separate book to be kept for cargo of each vessel_____----____- 1097, 1117 Weighers to keep 1096 Documentation : Prizes and forfeited vessels, requirements for documenting.________ 37 Vessels exempt from 14 Documents: American built and owned vessel, sold to foreigner and afterwards becoming American property, entitled to new___-___-______-_____ 10 Filed on entry of domestic products exported and returned__________ 333 Misrepresentation of material facts by owner to obtain, vessel liable to forfeiture for___ 10 Record of those issued to be kept 49 Vessels— Entitled to 10 Not entitled to. 13 Yachts, entitled to s ss 12 Dogs, inspection and quarantine of, provision for______________________ 507 Domestic: Baggage in transit through foreign contiguous territory_______._____ 874 Bags, free of duty, when___--_-----------------_____-_____________ 337 Cargo laden for export at several ports, clearance at first port for foreign destination via domestic port ---_----___-_--__-__________ 133 Cigars, inspectors to stamp and mark ae 442 Mail regulations, where applicable-________-_______________ 298 Production, articles of, retained on export vessel__.________________ 336 Products exported and returned, conditionally free_._...._________ 332-845 Requirements on entry. 333 Spirits— Cancellation of bond given for deposit of, in manufacturing ware- house -__- ‘ TB 630 INDEX: Domestic—Continued. Spirits—Continued. Article, Transfer of, into bonded manufacturing warehouse____~-------- 764 Cancellation of bond given for__--_-_---------------------- 773 Tax-paid alcohol— Description of, required on entry, where obtained_____-_-------- 884 Drawback on preparations manufactured from_____-__------- 882-886 Draft: No allowance for, in weighing merchandise_______________-____-_--- 1108 Vessels’ to be marked on stem and sternpost_____________-_____--_-____ 15 DTAWDNC 242555 Se Ee ON a 836-889 See particularly, hereunder, Manufactured articles; Preparations manufactured from tax-paid domestic alcohol. Additional duties assessed not subject to benefit of________________ 622, 840 Alcohol, preparations manufactured from tax-paid domestic______ 882-886 Allowance not barred for failure to file notice of intent______________ 863 Amendments to entries and notices of intent not allowed after filing 7 gst Articles— Exported free of internal-revenue tax or with refund of said tax, PLOCEMdUIG S222 2e2 ee we oe Sees ae 887 Manufactured or produced wholly or in part from imported TMOGERIQUS ss a ee 855-881 On which internal-revenue tax remitted on exportation dutiable On “Tew. 22535 25 3 a ee ee ee eee 335 ASCGTtHINMCeNnt Ofjsn 22s oc eee se a ee Seon ea So see eae 851 Authority for payment of SI --_- 855, 882 Bags, special requirements as to marking___________-__--_.--_-.-__ 878 Bills of lading. slaty aha te se eta 864, 875 Bond. for landing certiiicale.__.... ce nceccemeseesunecu pee ncecaes 846 Byproducts 856 Cancellation of bond given for production of landing certificate____ 847, 848 Certificate— Of exportation, with or without customs supervision___________ 845 Of manufacture and delivery a 873 On tax-paid alcohol and extracts from___--__--_/-_-_--------- 885 Classification of articles on which paid, for statistical purposes_____ 1044 Completion of claims on exportation of manufactured articles_______ 866 Continuous customs custody necessary to secure___-_---------_-~- 8389 Cording and sealing 843 Debenture certificates— Receivable for duties on imports. 947 To whom made payable 4 852, 880 Declaration of exporter that merchandise has been exported, form of_ 849 Discriminating duty, drawback of, not allowed__._____-----_---_--- 840 Documents filed at ports of entry. 889 Domestic manufactures— Notice of intent to export— Direct exportation 859 Transportation and exportation 867 Entry— Amendments to, not allowed after filing----------------------__ 881 Completion of. seek 849, 850 INDEX. 631 Drawback—Continued. Entry—Continued. Article. Domestic articles manufactured from imported materials, form__ 866 Forms of. 841, 866 Flavoring extracts. 882-886 Headquarters ports and ports of entry, procedure at-------------- 889 Inspection and lading__._________-_-- 842, 843 Lading under customs supervision ---. 842, 845 Landing certificate, bond for. 846, 847, 876 Liquidation of import entry necessary before payment of______--- 851, 879 Loss of merchandise by sea or other unavoidable accident, cancella- tion of bond __ SAT Mail exportations, procedure ee 888 Mamnitests onan ee eee eee __._ 844, 868 Manufactured articles__.____.-_-_-_-__-_--- ee 855-881 Authority for payment of...-________-___---_----------------- 855 Bags; marking Of.....-22.5-----s- 2-46 een tee eee 878 Bills of lading— Through, merchandise shipped on_____-------------------- 864 What must show. Sass, 875 Bond for landing certificate, when to be executed______________ 876 Certificates of— Delivery of imported material 872 PIRpOrtatiOni. ss soe oo oe sa ek eke eek 869 Importation, articles exported at port other than that of importation - 871 Manufacture and delivery, for drawback purposes__________ 874 Claims for, when considered abandoned____--------___----__-- 866 Completely manufactured articles, certificate of manufacture and delivery 873 Completion of drawback claims. 866 Diversion of shipments, notice to collector_-_____-_--__-_______ 865 Entries not to be liquidated until drawback rate established____. 858 Entry, forms of. 841, 866 Evidence of lading, what considered sufficient_________________ 861 Hxtension of six months granted for completion of entry_-____ 866 Extracts from certificates of importation-_________-___________ 871 Failure to— Comply with requirements as to notice of intent__-_._____ 863 Obtain inspection at first port of shipment or port of exporta- tion vee 870 From metals withdrawn from smelting and refining warehouses, _ collector to issue certificates showing necessary facts_________ 871 Inspection and supervision of lading__.________-__________ 860, 869 Failure to obtain, statement by inspector_______________ 861, 870 Intermediate transfer of, certificate necessary_-_______________ 873 Lading— Evidence of, what considered sufficient____________________ 861 Notice of change of place of, to be given collector___.______ 865 Supervision of 860 Certificate of inspector accepted ag sufficient evidence of. 861 Landing certificates, bond for production of--_--____________-__ 876 Liquidation of import entry necessary before payment of._-. 851, 879 632 INDEX. Drawback—Continued. Manufactured articles—Continued. Article, Nonlanding certificates = iT Notice of intent to export, form of____..________________--_- 859, 867 Amendments to, not permitted after filing__.._.___________ 881 . Failure to comply with requirement as to___-______--__--__ 863 Merchandise not laden within 90 days, procedure_______- 860, 869 Packages opened by customs officers to be marked in accordance therewith ---- 862 Partly manufactured articles or materials, certificate of manu- facture and delivery 873 Payment suspended, in absence of bond, until landing certificate is produced 876 Product and byproduct 856 Proprietors’ certificate of manufacture, form___________________ 866 Purchasers’ affidavit of completely manufactured articles______ 872 Rates— Establishment of, by department__--__-_--_--_--_--____-- 858 Percentages to be considered maximum-_-______-___--_-___ 879 Sampling, gauging, and weighing, exporters to provide facilities for___ 862 To whom payable wssx 857 Transportation and exportation with benefit of.______________-- 867 Manifest for. yan ---- 868 Vessels built for foreign account_____-__-__...--___-_-_--__-___ 855 Medicinal preparations. a 882-886 Merchandise— Entered for consumption____-____---.-_-._____ 837 Exported in condition as imported____---_-____-__--_--__--__ 836-854 In, Wanehous@s2 sso. 2 2e sn eee ee ew 836 Beyond three years can not be exported with benefit of_-__ 804 INOG. LOUNGE -seos see ee ek ae ee ee ee 843 Released to importer under redelivery bond, not considered to have been in continuous customs custody___----------------- 839 Remaining on wharf by permission of collector is in customs custody -- 839 Money for payment of. 853, 880 None to be paid until import entry liquidated____.__-.___---__-____ 851 Not allowed, when___-------- 840 Notice of intent to export, forms 859, 867, 883 Opium, preparations of, drawback of duties not allowed___-------_- 840 Original packages, merchandise must be exported in_-_-_----------- 838 Payment of 851, 852, 857, 880, 886 Money for. 853 Paid at headquarters ports...._._____.___-__-__------.------..----- 889 Ports of entry and headquarters ports, procedure at________________ 889 Preparations manufactured from tax-paid domestic alcohol__-___-_--_ 882-886 Authority for payment of ; --. 882 Collector’s statement of drawback due__-_--------.-------____ 886 Manufacturing record, open to inspection of revenue officers_._.__ 884 Notice of intent to export, form of 883 Procedure for obtaining 883 Procedure at ports of entry and headquarters ports----____________ 889 INDEX. 633 Drawback—Continued. Article. Proofs of delivery of merchandise, period named in bond__------- 846, 847 Purchaser’s affidavit as to completely manufactured articles ex- NOT CEE 2 ens hE cere eh at pe rene 872 Rates— Hstablished by department__.____--__-__-_-__-----_--.------- 858 Percentages to be considered maximum_______----_------------ 879 Schedule of drawbacks paid, monthly_______________-_____--___--- 854 Shipments to Philippine Islands______....___-______.-_-_--_---_-_- 196 Special Agency Service to report upon applications for new rates of__ 1135 ‘Statutory evidence to cancel bonds 7 eee ae 997 Through bills of lading, merchandise shipped on___________________ 864 Toilet preparations________----__--_--_---_--___-----__-------__ 882-886 Transportation in bond, HOw mi: OF eT TO aa a ee 844 Transshipment, fourth copy of manifest required in case of_________ 844 Vessels built for foreign account and ownership______--___-_-_-_-- 855 Waiver of right to withdraw packages from mails______.___.______ 888 Welghing: 22222552523 oe ee 862 Drawings, sculpture, etc., original, free___._.___._____.___________________ 394 Drug: ‘definttion, of; terms ...< 2 463 Drugs: And medicines for causing abortion and preventing conception, seizure Ol cosechecsaes soos; aes seo see este aoe oe eee 550 Examination, classification, and disposition of__._._._____.-______ 462-476 Intended for technical purposes, declaration to so state____________ 462 Invoices and declarations_____.._.__-___-_-__--- ee 462 Examination of, by representative of Department of Agriculture. 466 May be repacked in warehouse for exportation, procedure___________ 727 Procedure at— Laboratory ports on entry of__----------— rere ere ee ee 467-476 Nonlaboratory ports__.---_------------------------~--_--______ ATT Prohibition does not apply when imported in bulk__________________ 550 Seized, inspection before being offered for sale_____________________ 914 Sold as unclaimed, inspection by Department of Agriculture before Sale? eos sssane eee eee eee ee tet 807 Drums: Iron or steel, free on reimportation__._______________-_____________ 234 Used in the shipment of acids and chemicals, entry on return _______ 343 Duplicate checks, procedure for obtaining._.__.___________-_-_-_e 970 Dust, tea, excessive amount found, procedure__________________________ 517 Dutiable: Articles— In baggage undeclared subject to seizure______________________ 857 In tea packages, examination for____-_________________________ 518 Value— Appraisers or collectors may examine any person under oath on matters pertaining to Sette Ler at ee anteaters Yn 896 Distinguished from market value_____--___-____________-___ 618 Less than $1, duty may be waived__________..-- 618 Duties. See also Duty. Abatement of 3 595-614 For loss or damage in warehouse 272 634 INDEX.” Duties—Continued. Article. Accrue when 232 Reimportation of dutiable merchandise. - 284 Additional. See Additional duties. Adjustment of, merchandise withdrawn from warehouse prior to W@W aA HON: 22. ee a ae 266 Admitting merchandise to entry for less than legal____.____________ 939 Ad valorem, invoices of merchandise subject to, sent to appraiser at headquarters port. 561 Assessment of 232-234 Collected— At Porto Rico, disposition of. 1063 On mail importations, how accounted for__..__._..__-_--_-----_ 314 On passengers’ baggage, receipts to be given for________________ 363 On samples of food and drug products___-____-_-____-__--__- 476 Computation and payment of, withdrawals for consumption_________ 264 Countervailing 2 oe 632 Deposit of— In lieu of bond— Pending production of pure-breeding certificate______---_---_ 433 Refunded on exportation____________________-___--------- 383 Issue of permit after_____-__-_.___-___-_--------_-------------- 238 DISC Tinta ive) C0 eh eh a te ah a et 631, 840 Estimation of— Consumption entry__-_----------_-------._~_---------------- 236 Warehouse: @ntty oc. ss sn eecnoe se eect eae ete 244 TMpPOrters: liability TO 5222555555225 Sse cso es ence eee 233 Increased. See Increased duties. I. T. entry, estimation of duties 677 Liability of original importers and sureties for____-_________-- 233, 241, 266 Liquidation of, what 18... 22 Layheryrnhirtls tude bcbg a-rub-ruieseshdiiae Pibchaiesrennaane uM HCNNtubth tra erupt Sener oy essential Webi yubabLh i oe BEGET E EEE ET PL Ty ch eer ret EU Hr Pokdhi ec they their marie Lure LPL Ub Lata beebahaag ia pe nur UEP Pee Eris U Heo ere archi a Urry VEE LPL Leap eeure Pye PUREE pier arn ares eee ee Miciiceetehchiaeet MPM ens seer tstte turers rstuapurururiryy uur ura svt bes pri grupiaby a MEN und radeon eee. Seb U REE OIHRCr Lr rir i An oul nerd reer dete manera UL run nearer RL, Hebelsloleleinfeiehlsidcheriinaicistrtictsielemtoisteraiatet " tee tt rear uet rub st LUTE SPUPU SELLE URL ere aU re reunehar r Hi earavcerecetabelels nh npreveverye RA at pipieirastr! LOU pabene er i) ursbaansd orien. fH vtebabebe arts i SPER erp gor rtchual inet MSR ML babar heya) Sieteheneicnnricerenes HE Erbe ras rerirebcrarsinnst tay be SUC TLPLP LP er les ot srpritenuetiyay se et ye np Sree Aa h de Pe uh Set rerun beret enan ge at Nh rtrd ” reg Pesaran eh-cereber te necesita potas a inilanirtrw teens ruin suoinrtsbins rare brleecstresn ete aru Ar tg reg 1d otra ob hearer ERUPLDU ere HEU cher Uru hearer br eeu re setae trae aaNet a aairuer ber Lip barsrerinded ITU LEP ire keHotbek ph titihasce rear Orr Bri unr SOR RES nee er ri trl her Ur Inara unr unern eben 9 THIN Ne srs velesreterirst chirhurseie crt nanan berstsnractincesiiturcins ine Hosadecraruelnn apie EY svar rerun aiteateatn ent Peri eedd buecernriesee cer tenegeape fort inlets + eptrcheb ses tadashi Moun TADT CAS PEP TETih ere ursrineunel cURL brie Mabe cory krepi rt hentia id ‘ ME Ural edbirdidihdide il cach id Lig heparfedik hed orb shu briny MLIEE Vs errata toUP er ere “ Sekt rend erst bsirlirs rsrey vin ub sir Sirsa dah i Uncedirpactr hater fe Ee Bin treet ad Breuer tired rkrinsa true ji sesrpicih seyebi-d-cisd « Urn sitinlbdna Us oer oreo err orb ore rarer eer eee bribe irk eerreee St. ALS sree ry Phrcbel dares eee meer tpt rabhiers ved bee rthiins f.tads urunsaspidted deat Linecrinircruaseteeayycrsatereteey Cpe gE rer err Ure OMe TULL unirpeie anne er irie MTS Lib seicetanses nee Sones py SCHEER Tt erties rere tht enonr er arin tauren inte oP eke Pres rine eer sate sbebiar vessel rsbpaetaeeecegy mu ioftiastnislaseloheinlalehaielsercs tintareoe sieteiete ret b don etia sh hie Pe puree erry Apri i-ti-ke ph gh or th pirshhbekeb chal py rs ben | en erreur ra pin fh erny rer etd tn ELPA UPL wrth rr theire rath etna cra eee tele ee ee Et ui bbls gto bd bt Ls UPR heinbh hed Lb peta sy bib baba bak Z MIR rtrd Pilaneutteetite srterfbsrienefabtosrurterethirtrtedetnnunetetie Me ett Beste seat rh apd eraireh a tba thu ark rere bari irid eh bp bers dt lrwetbitars aragbededs SCHAAR LAT beet dir erees@ ered tether erin they peek ted MeL orld Bh ia JRO eshcrieshudecrentherinsh er enu tid rtrd Uerarunnor ener alebelalihehetetetpictetshohhetelcc tetera rere taroneinnel ¥ free sith or tt i cpr Me ge eget eager ong ee oe ouneanaehT Rone rete st a ‘ a retire ure iv ts Pernt pap ade rok rv 4 ‘ paren lbh bey fipeearttirarherstarst it tyesrstshthahdathsraess atnantedonees Gainer eee ae 1 “it pase r ont eat oer a | sds idlisd laoikaldcmlenoakslr cet etter ooiseiertistaly spats ERNE TY pretehae a iy SPUR MTSE Dit cit Sra unripe eriaertba reithkeeesiyr rarer gay tarteths eee eter aisha reirtedi tratritge ce cedhgrpecgcig erat N ae rere Ureroruhirorst cbt sats er peror ses st dese searsh seek thu dpyhchibaasirabaestaeyatoses stan Saag etotststsearersn rccrermietisa bs tl suirtiaruray: ih Aree hay Lath shieretbabahs amcnceyrianrattitrueseiadhiteniaritrarcrereritssrenrtesenrpe Feteccnss lest oh bs Fact db rd A ie esha ie ere eh caer Aeron rtrd ere ULP Uh bane bi eben sg Puree rhe VEEP karen rua iretaes trcetrdeersite ruLrersrereh srterertnitircrinirisre: shut hush hrurendotte urea © SE EtG Laie TICE eee adensbliae Ne ith teet teenie eee EPEC CRPERE TUE UP) bey Ure yaa ‘ Sree rt rope ta chill ersiahencarur er erert rt pea renerare yore! Tubb Ter thiedhny a Metethw chntnerteny m ia Hever \ WSDL Ch eetirtr pad aby nor ireade Ur etre bree LEER Units REPRE LEMP REUP RnR. USE ora aru urd ed Are Tene teen ia f of be rtenhnest dhabbecs ieialthemforstlletsteneiersrsteleraietebeheltiamenntane inka visesierc tors ree leh stukebébetlieroh veers tines Aa Hrs sae Sih br Sef ‘ ‘ oI ie: a | oo bt inrsr Hath Srsinerteshtedead niet aides Or ebr bee isaer ' ur turer w 7 Ale i Lies bre teat 4 eat fish rads aie “r rerertipstcrn ry P-Series erst sh tit rab ih bare tedle sian tebe. Het 2 eT eee FEARS SER st . UCU Y er LU LP ee ae ada d eter gh cael sted ce ee aoherenettees taer ts Yura ror 4 . 4 CHOPPER PUL eMart PTE EFUrLd beh ed pap kpbe heb hbeh epee tite hake SCHOLES chr ie mip PH Mrir Recher porn Purr: acu ADL rs et phate r aay TURME GEST eryd PET ETU REE errs dibatith. tr ere PHOS grrerprurirere tei purrirurnanrt an nh prunes ae ated trlidiitirtr iene ard HOME Hr ar ere Pepa sede coer acteded bares ; i UAELINALI A Honk yn 4h ci hog whe gtd beet trent (rartruineucethuntieantnin ees eel rth Hie Cetra nee LAUT ener run pence irre taee trie ere: Rbdi-abatbah-ad a