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PAR. 1780. Tankage, fish scrap, fish meal, cod-liver oil cake, and cod-liver oil cake meal, all the foregoing unfit for human consumption.

PAR. 1781. Tapioca, tapioca flour, and cassava. PAR. 1782. Locust or carob beans, and pods and seeds thereof.

PAR. 1783. (a) Impure tea, tea waste, and tea siftings and sweepings, for manufacturing purposes in bond, pursuant to the provisions of chapter 2 of Title 21.

(b) Tea not specially provided for, and tea plants: Provided, That all cans, boxes, and other immediate containers, including paper, and other wrappings of tea in packages of less than five pounds each, and all intermediate containers of such tea, shall be dutiable at the rate chargeable thereon if imported empty: Provided further, That nothing herein contained shall be construed to repeal or impair the provisions of sections 41-50 of Title 21.

PAR. 1794. Teeth, natural or unmanufactured. PAR. 1785. Tin ore or cassiterite, and black oxide of tin: Provided, That there shall be imposed and paid upon cassiterite, or black oxide of tin, a duty of 4 cents per pound, and upon bar, block, pig tin, and grain or granulated, a duty of 6 cents per pound when it is made to appear to the satisfaction of the President of the United States that the mines of the United States are producing one thousand five hundred tons of cassiterite and bar, block, and pig tin per year. The President shall make known this fact by proclamation, and thereafter said duties shall go into effect.

PAR. 1786. Tin in bars, blocks or pigs, alloys in chief value of tin not specially provided for, and grain or granulated and scrap tin, including scrap tin plate.

PAR. 1787. Tobacco stems not cut, ground, or pulverized.

PAR. 1788. Truffles, fresh, or dried or otherwise prepared or preserved.

PAR. 1789. Turmeric.

PAR. 1790. Turtles.

PAR. 1791. Typewriters.

PAR. 1792. Uranium, oxide and salts of.
PAR. 1793. Urea..

PAR. 1794. Vegetable tallow.

PAR. 1795. Wafers, not edible.

PAR. 1796. Wax: Animal, vegetable, or mineral, not specially provided for.

PAR. 1797. Disks of soft wax, commonly known as master records, or metal matrices obtained therefrom, for use in the manufacture of sound records for export purposes.

PAR. 1798. Wearing apparel, articles of personal adornment, toilet articles, and similar personal effects of persons arriving in the United States; but this exemption shall include only such articles as were actually owned by them and in their possession abroad at the time of or prior to their departure from a foreign country, and as are necessary and appropriate for the wear and use of such persons and are intended for such wear and use, and shall not be held to apply to merchandise or articles intended for other persons or for sale: Provided, That all jewelry and similar articles of personal adornment having a value

of $300 or more, brought in by a nonresident of the United States, shall, if sold within three years after the date of the arrival of such person in the United States, be liable to duty at the rate or rates in force at the time of such sale, to be paid by such person: Provided further, That in case of residents of the United States returning from abroad all wearing apparel, personal and household effects, and in the case of individuals returning from abroad, all professional books, implements, instruments, and tools of trade, occupation, or employment, taken by them out of the United States to foreign countries shall be admitted free of duty, without regard to their value, upon their identity being established under appropriate rules and regulations to be prescribed by the Secretary of the Treasury: Provided further, That up to but not exceeding $200 in value of articles (including distilled spirits, wines, and malt liquors aggregating not more than one wine gallon and including not more than one hundred cigars) acquired abroad by such residents of the United States as an incident of the foreign journey for personal or household use or as souvenirs or curios, but not bought on commission or intended for sale, shall be free of duty: Provided further, That (a) in the case of articles acquired in any country other than a contiguous country which maintains a free zone or free port, the exemption authorized by the preceding proviso shall apply only to articles so acquired by a returning resident who has remained beyond the territorial limits of the United States for a period of not less than forty-eight hours and (b) in the case of articles acquired in a contiguous country which maintains a free zone or free port, the Secretary of the Treasury shall by special regulation or instruction, the application of which may be restricted to one or more individual ports of entry, provide that the exemption authorized by the preceding proviso shall be applied only to articles acquired abroad by a returning resident who has remained beyond the territorial limits of the United States for not less than such period (which period shall not exceed twenty-four hours) as the Secretary may deem necessary in the public interest or to facilitate enforcement at the specified port or ports of the requirement that the exemption shall apply only to articles acquired as an incident of the foreign journey: Provided further, That the exemption authorized by the second preceding proviso shall apply only to articles declared in accordance with regulations to be prescribed by the Secretary of the Treasury by a returning resident who has not taken advantage of the said exemption within the thirty-day period immediately preceding his return to the United States: Provided further, That no such special regulation or instruction shall take effect until the lapse of ninety days after the date of such special regulation or instruction: Provided further, That in addition to the exemption authorized by the fourth preceding proviso, a returning resident who has remained beyond the territorial limits of the United States for a period of not less than twelve days, shall be permitted to bring into the United States up to but not exceeding $300 in value of articles (excluding distilled spirits, wines, malt liquors and cigars) ac

quired abroad by such resident of the United States as an incident of the foreign journey for personal or household use or as souvenirs or curios, but not bought on commission or intended for sale, free of duty: Provided further, That any subsequent sale, within three years after the date of the arrival of such returning resident in the United States, of articles acquired and brought into the United States pursuant to the provisions of the immediately preceding proviso shall subject the returning resident declaring the articles to double the import duty which would have been collected had this additional exemption not been in effect: Provided further, That the additional exemption authorized by the second preceding proviso shall apply only to articles declared in accordance with regulations to be prescribed by the Secretary of the Treasury by such returning resident who has not taken advantage of the said exemption within the six-month period immediately preceding his return to the United States: And provided further, That all articles exempted by this paragraph from the payment of duty shall also be exempt from the payment of any internal-revenue taxes. (As amended June 26, 1936, ch. 830, title III. § 337, 49 Stat. 1959; June 25, 1938, 5 p. m. E. S. T., ch. 679, § 36, 52 Stat. 1093; May 19, 1948, ch. 313, § 2 (a), 62 Stat. 252; Oct. 25, 1949, ch. 720, § 9, 63 Stat. 896.)

AMENDMENTS

1949-Act Oct. 25, 1949, amended paragraph to increase from $100 to $200 the value of articles for personal use which may be brought into this country duty free by a resident.

1948-Act May 19, 1948, amended paragraph by adding the seventh, eighth, and ninth provisos to allow ar additional $300 exemption for a returning resident who has remained abroad for a continuous period of at least 12 days.

1938-Act June 25, 1938, amended paragraph generally. 1936-Act June 26, 1936, amended third proviso generally.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 2 (b) of act May 19, 1948, provided that the amendment of this paragraph by section 2 (a) of said act May 19, 1948, should be effective with respect to articles declared on or after the day following May 19, 1948.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 37 of act June 25, 1938, provided that the amendment to this paragraph by said act should take effect on the thirtieth day following June 25, 1938, except as otherwise specifically provided.

PAR. 1799. Whalebone, unmanufactured.

PAR. 1800. All barbed wire, whether plain or galvanized.

PAR. 1801. Witherite, crude, unground.
PAR. 1802. Wood charcoal.

PAR. 1803. Wood:

(1) Timber hewn, sided, or squared, otherwise than by sawing, and round timber used for spars or in building wharves; sawed lumber and timber, not further manufactured than planed, and tongued and grooved; all the foregoing not specially provided for.

(2) Logs; timber, round, unmanufactured; pulpwoods; firewood, including fuel made by compression from bark, sawdust, or other wood waste of the saw or planing mill; handle bolts, shingle bolts; gun blocks for gunstocks, rough hewn or sawed or planed

on one side; and laths; all the foregoing not specially provided for.

(3) Evergreen Christmas trees. (As amended May 3, 1948, ch. 247, § 1 (a) 62 Stat. 207; June 17, 1950, ch. 296, § 2 (a) 64 Stat. 247.)

AMENDMENTS

1950 Subpar. (3) added by act June 17, 1950.

1948-Act May 3, 1948, amended subpar. (2) to allow free importation of small logs or briquets compressed from sawdust or other mill waste.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 2 (b) of act June 17, 1950, provided that: "This section [subpar. (3) of this paragraph] shall be effective as to articles entered for consumption or withdrawn from warehouse for consumption on or after the first day of the first month which begins more than ten days after the date of enactment of this Act [June 17, 1950]."

EFFECTIVE DATE OF 1948 AMENDMENT

Section 1 (b) of act May 3, 1948, provided that: "This Act [amending this paragraph] shall be effective as to merchandise entered for consumption, or withdrawn from warehouse for consumption, on and after the thirtieth day after the enactment of this Act [May 3, 1948]."

PAR. 1804. Posts, railroad ties, and telephone, trolley, electric-light, and telegraph poles of cedar or other woods.

PAR. 1805. Pickets, palings, hoops, and staves of wood of all kinds.

PAR. 1806. Woods: Sticks of partridge, hair wood, pimento, orange, myrtle, bamboo, rattan, india malacca joints, and other woods not specially provided for, in the rough, or not further advanced than cut into lengths suitable for sticks for umbrellas, parasols, sunshades, whips, fishing rods, or walking canes.

PAR. 1807. Original paintings in oil, mineral, water, or other colors, pastels, original drawings and sketches in pen, ink, pencil, or water colors, artists' proof etchings unbound, and engravings and woodcuts unbound, original sculptures or statuary, including not more than two replicas or reproductions of the same; but the terms "sculpture" and "statuary" as used in this paragraph shall be understood to include professional productions of sculptors only. whether in round or in relief, in bronze, marble, stope, 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 "paintings", "drawing", "sketch", "sculpture", and "statuary" as used in this paragraph shall not be understood to include any articles of utility or for industrial use, nor such as are made wholly or in part by stenciling or any other mechanical process; and the words "etchings", "engravings", and "woodcuts" as used in this paragraph shall be understood to include only such as are printed by hand from plates c blocks etched or engraved with hand tools and not such as are printed from plates or blocks etched or engraved by photo-chemical or other mechanical processes.

PAR. 1808. Works of art, drawings, engravings, photographic pictures, and philosophical and scientific apparatus brought by professional artists, lecturers,

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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, and not for sale, shall be admitted free of duty, under such regulations as the Secretary of the Treasury shall prescribe; but bonds shall be given for the payment to the United States of such duties as may be imposed by law upon any and all such articles as shall not be exported within six months after such importation: Provided, That the Secretary of the Treasury may, in his discretion, extend such period for a further term of six months in cases where application therefor shall be made.

PAR. 1809. Works of art, collections in illustration of the progress of the arts, sciences, agriculture, 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 encouragement of the arts, science, agriculture, or education, or for a municipal corporation, and all like articles imported in good faith by any society or association, or for a municipal corporation, for the purpose of erecting a public monument, and not intended for sale nor for any other purpose than herein expressed; but bond shall be given, under such rules and regulations as the Secretary of the Treasury may prescribe, for the payment of lawful duties which may accrue should any of the articles aforesaid be sold, transferred, or used contrary to this provision, and such articles shall be subject at any time to examination and inspection by the proper officers of the customs: Provided, That the privileges of this and the preceding paragraph shall not be allowed to associations or corporations engaged in or connected with business of a private or commercial character.

PAR. 1810. Works of art, productions of American artists residing temporarily abroad, or other works of art, including pictorial paintings on glass, imported expressly for presentation to a national institution or to any State or municipal corporation or incorporated religious society, college, or other public institution, including stained or painted window glass or stained or painted glass windows which are works of art when imported to be used in houses of worship, valued at $15 or more per square foot, and excluding any article, in whole or in part, molded, cast, or mechanically wrought from metal within twenty years prior to importation; but such exemption shall be subject to such regulations as the Secretary of the Treasury may prescribe.

PAR. 1811. Works of art (except rugs and carpets made after the year 1700), collections in illustration of the progress 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 prior to the year 1830, but the free importation of such objects shall be subject to such regulations as to proof of antiquity as the Secretary of the Treasury may prescribe. Violins, violas,

violoncellos, and double basses, of all sizes, made in the year 1800 or prior year.

PAR. 1812. Gobelin tapestries used as wall hangings.

PAR. 1813. Worm gut, unmanufactured.
PAR. 1814. Zaffer.

PAR. 1815. Articles, when returned after having been loaned and exported for use temporarily abroad solely for exhibition, examination, or experimentation, for scientific or educational purposes, if imported by or for the account of the person who exported them from the United States, and not for sale, subject to such regulations as the Secretary of the Treasury shall prescribe.

PAR. 1816. Artificial limbs and limb braces imported solely for the personal use of a specified person and not for sale otherwise than for the use of such person. (June 17, 1930, ch. 497, title II, § 201,

par. 1816, as added May 17, 1949, ch. 123, 63 Stat. 67.)

PAR. 1817. Any society or institution incorporated or established solely for educational, religious, or charitable purposes may import free of duty any textile machine or machinery, or part thereof, for its own use in the instruction of students and not for sale or for any commercial use, under such rules and regulations as the Secretary of the Treasury may prescribe: Provided, That free entry hereunder shall be conditioned upon the presentation to the collector of customs of an affidavit of a responsible officer of the importing society or institution that the substantial equivalent of the imported article is not manufactured in the United States. (June 17, 1930, ch. 497, title II, § 201, par. 1817, as added Mar. 29, 1952, ch. 123, 66 Stat. 27.)

(June 17, 1930, ch. 497, title II, § 201, 46 Stat. 672-685; Mar. 4, 1933, ch. 280, 47 Stat. 1570; June 12, 1934, ch. 474, § 2 (a), 48 Stat. 944; June 25, 1938, 5 p. m., E. S. T., ch. 679, §§ 2, 35, 36, 52 Stat. 1077, 1092, 1093; Feb. 25, 1944, 12:49 p. m., E. W. T., ch. 63, title V, § 507 (a), 58 Stat. 73; 1946 Proc. No. 2695, July 4, 1946, 11 F. R. 7517, 60 Stat. 1352; Feb. 25, 1948, ch. 67, 62 Stat. 34; Apr. 5, 1948, ch. 173, § 2, 62 Stat. 161; Apr. 20, 1948, ch. 218, § 1 (a), 62 Stat. 176; May 3, 1948, ch. 247, § 1 (a), 62 Stat. 207; May 19, 1948, ch. 313, § 2 (a), 62 Stat. 252; June 12, 1948, ch. 454, 62 Stat. 382; June 24, 1948, ch. 614, 62 Stat. 583; May 17, 1949, ch. 123, 63 Stat. 67; Oct. 25, 1949, ch. 720, § 9, 63 Stat. 896; June 17, 1950, ch. 296, § 2 (a), 64 Stat. 247; Aug. 3, 1950, ch. 535, 64 Stat. 406; Sept. 8, 1950, ch. 924, § 1, 64 Stat. 798; Oct. 25, 1951, ch. 587, § 1, 65 Stat. 655; Mar. 29, 1952, ch. 123, 66 Stat. 27; June 12, 1952, ch. 421, 66 Stat. 137.)

SUBTITLE III.-SPECIAL PROVISIONS

PART I.-MISCELLANEOUS

§ 1301. Repealed. Apr. 30, 1946, ch. 244, Tit. V, § 511 (1), 60 Stat. 158, eff. May 1, 1946.

Section, act June 17, 1930, ch. 497, title III, § 301, 46 Stat. 685, related to duties and taxes on Philippine articles coming to the United States and United States articles imported into the Philippine Islands. Subject matter is now covered by Philippine Trade Act of 1946, sections 1251-1332, 1334-1360, and 1393 of Title 22, Foreign Relations and Intercourse, sections 2470 (a) (2) and 2800 (a) (4) (B) of Title 26, Internal Revenue Code, and section 734 of Title 48, Territories and Insular Possessions.

§ 1302. Puerto Rico; exemption from internal-revenue

taxes.

CODIFICATION

Section, acts June 17, 1930, ch. 497, title III, § 302, 46 Stat. 686; May 17, 1932, ch. 190, 47 Stat. 158, was incorporated as section 3361 (b) of Title 26, Internal Revenue Code.

§ 1303. Countervailing duties.

Whenever any country, dependency, colony, province, or other political subdivision of government, person, partnership, association, cartel, or corporation shall pay or bestow, directly or indirectly, any bounty or grant upon the manufacture or production or export of any article or merchandise manufactured or produced in such country, dependency, colony, province, or other political subdivision of government, and such article or merchandise is dutiable under the provisions of this chapter, then upon the importation of any such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to the duties otherwise imposed by this chapter, an additional duty equal to the net amount of such bounty or grant, however the same be paid or bestowed. The Secretary of the Treasury shall from time to time ascertain and determine, or estimate, the net amount of each such bounty or grant, and shall declare the net amount so determined or estimated. The Secretary of the Treasury shall make all regulations he may deem necessary for the identification of such articles and merchandise and for the assessment and collection of such additional duties. (June 17, 1930, ch. 497, title III, § 303, 46 Stat. 687.)

§ 1304. Marking of imported articles and containers(a) Marking of articles.

Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations

(1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear;

(2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to

importation but before delivery to an ultimate purchaser; and

(3) Authorize the exception of any article from the requirements of marking if

(A) Such article is incapable of being marked; (B) Such article cannot be marked prior to shipment to the United States without injury;

(C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation;

(D) The marking of a container of such article will reasonably indicate the origin of such article; (E) Such article is a crude substance;

(F) Such article is imported for use by the importer and not intended for sale in its imported or any other form;

(G) Such article is to be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, destroyed, or permanently concealed;

(H) An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its importation, must necessarily know the country of origin of such article even though it is not marked to indicate its origin;

(I) Such article was produced more than twenty years prior to its importation into the United States;

or

(J) Such article is of a class or kind with respect to which the Secretary of the Treasury has given notice by publication in the weekly Treasury Decisions within two years after July 1, 1937, that articles of such class or kind were imported in substantial quantities during the five-year period immediately preceding January 1, 1937, and were not required during such period to be marked to indicate their origin: Provided, That this subdivision shall not apply after September 1, 1938, to sawed lumber and timbers, telephone, trolley, electric-light, and telegraph poles of wood, and bundles of shingles; but the President is authorized to suspend the effectiveness of this proviso if he finds such action required to carry out any trade agreement entered into under the authority of sections 1351-1354 of this title, as extended.

(b) Marking of containers.

Whenever an article is excepted under subdivision (3) of subsection (a) of this section from the requirements of marking, the immediate container, if any, of such article, or such other container or containers of such article as may be prescribed by the Secretary of the Treasury, shall be marked in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of such article, subject to all provisions of this section, including the same exceptions as are applicable to articles under subdivision (3) of subsection (a) of this section. If articles are excepted from marking requirements under clause (F), (G), or (H) of subdivision (3) of subsection (a) of this section, their usual containers shall not be subject to

the marking requirements of this section. Usual containers in use as such at the time of importation shall in no case be required to be marked to show the country of their own origin.

(c) Additional duties for failure to mark.

If at the time of importation any article (or its container, as provided in subsection (b) of this section) is not marked in accordance with the requirements of this section, and if such article is not exported or destroyed or the article (or its container, as provided in subsection (b) of this section) marked after importation in accordance with the requirements of this section (such exportation, destruction, or marking to be accomplished under customs supervision prior to the liquidation of the entry covering the article, and to be allowed whether or not the article has remained in continuous customs custody), there shall be levied, collected, and paid upon such article a duty of 10 per centum ad valorem, which shall be deemed to have accrued at the time of importation, shall not be construed to be penal, and shall not be remitted wholly or in part nor shall payment thereof be avoidable for any cause. Such duty shall be levied, collected, and paid in addition to any other duty imposed by law and whether or not the article is exempt from the payment of ordinary customs duties. The compensation and expenses of customs officers and employees assigned to supervise the exportation, destruction, or marking to exempt articles from the application of the duty provided for in this subsection shall be reimbursed to the Government by the importer.

(d) Delivery withheld until marked.

No imported article held in customs custody for inspection, examination, or appraisement shall be delivered until such article and every other article of the importation (or their containers), whether or not released from customs custody, shail have been marked in accordance with the requirements of this section or until the amount of duty estimated to be payable under subsection (c) of this section has been deposited. Nothing in this section shall be construed as excepting any article (or its container) from the particular requirements of marking provided for in any other provision of law. (e) Penalties.

If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this chapter, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both. (June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687; June 25, 1938, 5 p. m. E. S. T., ch. 679, § 3, 52 Stat. 1077.)

AMENDMENTS

1938-Act June 25, 1938, amended section generally. EFFECTIVE DATE OF 1938 AMENDMENT

Section 37 of act June 25, 1938, provided that the amendment to this section by said act should take effect on the thirtieth day following June 25, 1938, except as otherwise specifically provided.

§ 1305. Immoral articles-Importation prohibited(a) Prohibition of importation.

All persons are prohibited from importing into the United States from any foreign country any book, pamphlet, paper, writing, advertisement, circular, print, picture, or drawing containing any matter advocating or urging treason or insurrection against the United States, or forcible resistance to any law of the United States, or containing any threat to take the life of or inflict bodily harm upon any person in the United States, or any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article which is obscene or immoral, or any drug or medicine or any article whatever for the prevention of conception or for causing unlawful abortion, or any lottery ticket, or any printed paper that may be used as a lottery ticket, or any advertisement of any lottery. No such articles whether imported separately or contained in packages with other goods entitled to entry, shall be admitted to entry; and all such articles and, unless it appears to the satisfaction of the collector that the obscene or other prohibited articles contained in the package were inclosed therein without the knowledge or consent of the importer, owner, agent, or consignee, the entire contents of the package in which such articles are contained, shall be subject to seizure and forfeiture as hereinafter provided: Provided, That the drugs hereinbefore mentioned, when imported in bulk and not put up for any of the purposes hereinbefore specified, are excepted from the operation of this subdivision: Provided further, That the Secretary of the Treasury may, in his discretion, admit the so-called classics or books of recognized and established literary or scientific merit, but may, in his discretion, admit such classics or books only when imported for noncommercial purposes.

Upon the appearance of any such book or matter at any customs office, the same shall be seized and held by the collector to await the judgment of the district court as hereinafter provided; and no protest shall be taken to the United States Customs Court from the decision of the collector. Upon the seizure of such book or matter the collector shall transmit information thereof to the district attorney of the district in which is situated the office at which such seizure has taken place, who shall institute proceedings in the district court for the forfeiture, confiscation, and destruction of the book or matter seized. Upon the adjudication that such book or matter thus seized is of the character the entry of which is by this section prohibited, it shall be ordered destroyed and shall be destroyed. Upon adjudication that such book or matter thus seized is not of the character the entry of which is by this section prohibited, it shall not be excluded from entry under the provisions of this section.

In any such proceeding any party in interest may upon demand have the facts at issue determined by a jury and any party may have an appeal or the right of review as in the case of ordinary actions or suits.

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