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Cornell Law School Library
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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.
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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
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