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Subpart A-Samples for Soliciting Orders-Continued
Subpart A headnotes-Continued

2. The provisions of item 860.10 or 860.20 apply to not
more than one sample of each beverage product, or of
each tobacco product, cigarette paper, or cigarette tube,
respectively, admitted during any calendar quarter for
the use of each person importing alcoholic beverages,
tobacco products, cigarette papers, or cigarette tubes in
commercial quantities.

860.10 Alcoholic beverage samples (each sample containing not Free
more than 8 ounces if a malt beverage, not more than 4
ounces if a wine, and not more than 2 ounces if any other
alcoholic beverage) to be used in the United States only
for soliciting orders by persons importing alcoholic bever-
ages in commercial quantities.

860.20 Samples of tobacco products, and cigarette papers and Free
tubes (each sample consisting of not more than (a) 3)
cigars, (b) 3 cigarettes, (c) % ounce of tobacco, (d) %
ounce of snuff, (e) 3 cigarette tubes, or (f) 25 cigarette
papers) to be used in the United States only for soliciting
orders by persons importing tobacco products, cigarette
papers, or cigarette tubes in commercial quantities.

860.30 Any sample (except samples covered by item 860.10 or Free
860.20), valued not over $1 each, or marked, torn, perfo-
rated, or otherwise treated so that it is unsuitable for sale
or for use otherwise than as a sample, to be used in the
United States only for soliciting orders for products of
foreign countries.

Subpart B-Articles for Permanent Exhibition Under Bond
Subpart B headnotes:

1. The provisions of this subpart do not apply to arti-
cles intended for sale or for any purpose other than ex-
hibition or erecting a public monument, nor do they
apply to any institution or society engaged in or con-
nected with business of a private or commercial charac-
ter. Articles admitted under item 862.10 may be trans-
ferred from an organization specified therein to an-
other such organization, or temporarily to a commercial
gallery or other premises, for exhibition and not for
sale.

2. Prior to the release of articles under item 862.10 or 862.20, bond shall be given for the payment of lawful duties which may accrue should any of the articles be sold, transferred, or used contrary to the provisions of this subpart within 5 years after the date of entry hereunder, and such articles shall be subject at any time within such 5 year period to examination and inspection by customs officers. Surety on such bonds may be waived in the discretion of the Secretary of the Treasury.

scribed in headnote 2.

Free.

Free.

Free.

scribed in headnote 2.

862.10 Articles imported for exhibition by any institution or soci- Free, under bond, as pre- Free, under bond, as preety established for the encouragement of agriculture, arts, education, or science, or for such exhibition by any State or for a municipal corporation.

862.20 Articles imported by any institution, society, or State, or Free, under bond, as pre- Free, under bond, as pre

for a municipal corporation, for the purpose of erecting a
public monument.

Subpart C-Articles Admitted Temporarily Free of Duty
Subpart C headnotes:

Under Bond

1. (a) The articles described in the provisions of this subpart, when not imported for sale or for sale on approval, may be admitted into the United States without the payment of duty, under bond for their exportation within 1 year from the date of importation, which period, in the discretion of the Secretary of the Treasury, may be extended, upon application, for one or more further periods which, when added to the initial 1 year, shall not exceed a total of 3 years, except that (1) articles imported under item 864.75 shall be admitted under bond for their exportation within 6 months from the date of importation and such 6-months period shall not be extended, and (2) in the case of professional equipment and tools of trade admitted into the United States under item 864.50 which have been seized (other than by seizure made at the suit of private persons), the requirement of reexportation shall be suspended for the duration of the seizure. For purposes of this headnote, an aircraft engine or propeller, or any part or accessory of either, imported under item 864.05, which is removed physically from the United States as part of an aircraft departing from the United States in international traffic shall be treated as exported.

scribed in headnote 2.

scribed in headnote 2.

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Subpart C-Articles Admitted Temporarily Free of Duty

Under Bond--Continued

Subpart C headnotes-Continued

(b) For articles admitted into the United States under item 864.50, entry shall be made by the nonresident importing the articles or by an organization represented by the nonresident which is established under the laws of a foreign country or has its principal place of business in a foreign country.

2. Merchandise may be admitted into the United States under item 864.05 only on condition that

(a) such merchandise will not be processed into an article manufactured or produced in the United States if such article is

(1) alcohol, distilled spirits, wine, beer, or any dilution or mixture of any or all of the foregoing:

(ii) a perfume or other commodity containing ethyl alcohol (whether or not such alcohol is denatured), or

(iii) a product of wheat; and

(b) if any processing of such merchandise results in an article (other than an article described in (a) of this headnote) manufactured or produced in the United States

(i) a complete accounting will be made to the Customs Service for all articles, wastes, and irrecoverable losses resulting from such processing, and

(ii) all articles and valuable wastes resulting from such processing will be exported or destroyed under customs supervision within the bonded period.

3. Upon satisfactory proof that any article admitted under item 864.30 has been destroyed because of its use for any purpose provided for therein, the obligation under the bond to export such article shall be treated as satisfied.

4. Collectors of customs may defer the exaction of a bond for not to exceed 90 days after the date of importation for vehicles and craft entered under item 864.35 to take part in races or other specific contests for other than money purses; but unless any such vehicle or craft is exported or the bond is given within the period of such deferment, such vehicle or craft shall be subject to forfeiture.

5. Articles may be admitted under item 864.75 only on condition that the Secretary of the Treasury shall have found that the foreign country from which the articles were imported allows, or will allow, substantially reciprocal privileges in respect of similar imports to such country from the United States; and if the Secretary finds that a foreign country has discontinued, or will discontinue, the allowance of such privileges, the privileges of item 864.75 shall not apply thereafter in respect of imports from such foreign country.

864.05 Articles to be repaired, altered, or processed (including pro- Free, under bond, as pre- Free, under bond, as pre-
cesses which results in articles manufactured or produced scribed in headnote 1.
scribed in headnote 1.
in the United States.

864.10 Models of women's wearing apparel imported by manufac- Free, under bond, as pre- Free, under bond, as pre-
turers for use solely as models in their own establish-
scribed in head note 1.
ments.

scribed in head note 1.

scribed in head note 1.

864.15 Articles imported by illustrators and photographers for use Free, under bond, as pre- Free, under bond, as pre-
solely as models in their own establishments, in the illus-
trating of catalogues, pamphlets, or advertising matter.

864.20 Samples solely for use in taking orders for merchandise........

Free, under bond, as pre-
scribed in headnote 1.

864.25 Articles solely for examination with a view to reproduction, Free, under bond, as pre

scribed in headnote 1.

scribed in headnote 1. Free, under bond, as prescribed in headnote 1. Free, under bond, as prescribed in headnote 1.

864.30 Articles intended solely for testing, experimental, or review Free, under bond, as pre- Free, under bond, as pre

or for such examination and reproduction (except photo-
engraved printing plates for examination and reproduc-
tion); and motion-picture advertising films.

purposes, including plans, specifications, drawings, blue-
prints, photographs, and similar articles for use in con-
nection with experiments or for study.

scribed in headnote 1.

scribed in headnote 1.

864.35 Automobiles, motorcycles, bicycles, airplanes, airships, bal- Free, under bond, as pre-Free, under bond, as pre

loons, boats, racing shells, and similar vehicles and craft,
and the usual equipment of the foregoing; all the forego-
ing which are brought temporarily into the United States
by nonresidents for the purpose of taking part in races or
other specific contests.

scribed in headnote 1.

scribed in headnote 1.

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scribed in headnote 1.

864.40 Locomotives and other railroad equipment brought tempo- Free, under bond, as pre- Free, under bond, as prerarily into the United States for use in clearing obstruc- scribed in headnote 1. tions, fighting fires, or making emergency repairs on railroads within the United States, or for use in transportation otherwise than in international traffic when the Secretary of the Treasury finds that the temporary use of foreign railroad equipment is necessary to meet an emergency.

scribed in headnote 1.

scribed in headnote 1.

864.45 Containers for compressed gases, filled or empty, and con- Free, under bond, as pre- Free, under bond, as pretainers or other articles in use for covering or holding merchandise (including personal or household effects) during transportation and suitable for reuse for that purpose.

864.50 Professional equipment, tools of trade, repair components
for equipment or tools admitted under this item, and
camping equipment: all the foregoing imported by or for
nonresidents sojourning temporarily in the United States
and for the use of such nonresidents.

864.55 Articles of special design for temporary use exclusively in
connection with the manufacture or production of arti-
cles for export.
864.60 Animals and poultry brought into the United States for the
purpose of breeding, exhibition, or competition for prizes,
and the usual equipment therefor.

864.65 Theatrical scenery, properties, and apparel brought into
the United States by proprietors or managers of theatri-
cal exhibitions arriving from abroad for temporary use by
them in such exhibitions.

Free, under bond, as pre- Free, under bond, as pre-
scribed in headnote 1.
scribed in headnote 1.

Free, under bond, as pre

scribed in headnote 1.

Free, under bond, as pre-
scribed in headnote 1.

Free, under bond, as pre-
scribed in headnote 1.

864.70 Works of the free fine arts, drawings, engravings, photo- Free, under bond, as pre-
graphic pictures, and philosophical and scientific appara- scribed in headnote 1.

tus brought into the United States by professional artists,
lecturers, or scientists arriving from abroad for use by
them for exhibition and in illustration, promotion, and
encouragement of art, science, or industry in the United

States.

Free, under bond, as prescribed in headnote 1.

Free, under bond, as prescribed in headnote 1.

Free, under bond, as prescribed in headnote 1.

Free, under bond, as prescribed in headnote 1.

864.75 Automobiles, automobile chassis, automobile bodies, Free, under bond, as pre- Free, under bond, as precutaway portions of any of the foregoing, and parts for scribed in headnote 1.

any of the foregoing, finished, unfinished, or cutaway,

when intended solely for show purposes.

Subpart D-Tea Admitted Free of Duty Under Bond
Subpart D headnotes:

1. Importers and manufacturers who import the mate-
rial provided for in item 867.00 shall give suitable bond,
to be subject to the approval only of the collector of
customs at the port of entry, conditioned that the im-
ported material shall be only used for the purposes pro-
vided for in the said item 867.00, under such regulations
as may be prescribed by the Secretary of Health, Educa-
tion, and Welfare.

2. See part 11A of schedule 1 for other provisions relating to tea.

scribed in headnote 1.

scribed in headnote 1.

scribed in headnote 1.

867.00 Tea, tea waste, and tea siftings and sweepings, all the fore- Free, under bond, as pre- Free, under bond, as pregoing to be used solely for manufacturing theine, caffeine, or other chemical products whereby the identity and character of the original material is entirely destroyed or changed.

AMENDMENTS

Subpart C, headnote 1, par. 1(a) (formerly par. 1) so redesignated, subsec. (a)(1) so designated, and subsecs. (a)(2) and (b) added by Pub. L. 90-635, §§ 2(b)(1)–(3), 4, Oct. 24, 1968, 82 Stat. 1351, to apply with respect to articles entered, or withdrawn from warehouse, for consumption on and after a date which shall be proclaimed by the President, which date shall be consonant with the entering into force for the United States of the customs convention which subpart C, headnote 1, as amended, implements.

Subpart C, headnote 1, amended by Pub. L. 88-334, June 30, 1964, 78 Stat. 231, effective with respect to articles physically removed from the United States on or

after June 30, 1964, without regard to when such articles were admitted into the United States. For the purposes of this amendment, articles imported before August 31, 1963, under section 308(1) of the Tariff Act of 1930 [former section 1308(1) of this title] shall be treated as imported under item 864.05 of the Tariff Schedules of the United States.

Item 864.50 amended by Pub. L. 90-635, §§ 2(a), 4, Oct. 24, 1968, 82 Stat. 1351, to apply with respect to articles entered, or withdrawn from warehouse, for consumption on and after a date which shall be proclaimed by the President, which date shall be consonant with the entering into force for the United States of the customs convention which item 864.50, as amended, implements.

Item

Articles

PART 6-OTHER SPECIAL CLASSIFICATION PROVISIONS
[28 F.R. 9041]

Part 6 headnote:

1. No article shall be exempted from duty under item 870.30 unless a Federal agency or agencies designated by the President determines, that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character. Whenever the President determines that there is or may be profitmaking exhibition or use of articles described in item 870.30 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes. 870.10 Records, diagrams, and other data with regard to any busi- Free ness, engineering, or exploration operation conducted outside the United States, whether on paper, cards, photographs, blueprints, tapes, or other media.

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Nets or sections or parts of nets:

870.20 870.25

Monofilament gill nets to be used for fish sampling........
To be used in taking wild birds under license issued by Free
an appropriate Federal or State governmental author-
ity.

Free

Free.

Free.

Free.

870.27 Specimens of archeology, mineralogy, or natural history Free
(including specimens of botany or zoology other than live
zoological specimens) imported for any public or private
scientific collection for exhibition or other educational or
scientific use, and not for sale or other commercial use.
870.30 Developed photographic film, including motion-picture film Free
on which pictures or sound and pictures have been re-
corded; photographic slides; transparencies; sound record-
ings; recorded videotape; models; charts; maps; globes;
and posters; all of the foregoing which are determined to
be visual or auditory materials in accordance with head-
note 1 of this part.

AMENDMENTS

Headnote 1 added by Pub. L. 89-634, § 3(a)(1), Oct. 8, 1966, 80 Stat. 879, effective as provided in Effective Date of 1966 Amendment note set out below.

Item 870.27 added by Pub. L. 89-651, §§ 2, 7, Oct. 14, 1966, 80 Stat. 897, 901, effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after date proclaimed by the President as provided in Effective Date of Educational, Scientific, and Cultural Materials Importation Act of 1966 note, set out preceding section 1202 of this title.

Item 870.30 added by Pub. L. 89-634, § 3(a)(2), Oct. 8, 1966, 80 Stat. 880, effective as provided in Effective Date of 1966 Amendment note set out below.

Free.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3(b) of Pub. L. 89-634, Oct. 8, 1966, 80 Stat. 880, provided that: "The amendments made by subsection (a) [adding headnote 1 to part 6 and item 870.30] shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on or after the date proclaimed by the President pursuant to this subsection, which date shall be within the period of six months which begins with the day after the day on which the United States instrument of acceptance of the Agreement is deposited with the Secretary General of the United Nations."

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Subpart A-Temporary Provisions for Additional Duties
Subpart A headnotes:

1. The duties provided for in this subpart are cumula-
tive duties which apply in addition to the duties, if any,
otherwise imposed on the articles involved. The duties
provided for in this subpart apply only with respect to ar-
ticles entered during the period specified in the last
column.

2. Sections 336 and 350 of this Act (the so-called flexible tariff and trade-agreements provisions, respectively) shall not apply with respect to the duty provided for in item 901.00.

3. With respect to any articles upon which the duty im-
posed under item 901.00 has been paid and which, on the
date of termination of the tax provided for in section
4501, I.R.C., are held by the importer and intended for
sale or other disposition, there shall be refunded (without
interest) to such importer an amount equal to the duty
paid on such articles under item 901.00, if claim for such
refund is filed with the Secretary or his delegate within
90 days after the date of termination of the tax.

901.00 Sugars, sirups, and molasses provided for in items 155.20 to
155.31, inclusive, of part 10A of schedule 1, if not to be fur-
ther refined or otherwise improved in quality, and articles
of sugars, sirups, and molasses of the kinds described in
such items, all the foregoing (except sugars, sirups, molas-
ses, or articles to be used as livestock feed, or in the produc-
tion of livestock feed, or for the distillation of alcohol).
Subpart B-Temporary Provisions Amending the Tariff
Schedules
Subpart B headnotes:

1. Any article described in the provisions of this sub-
part, if entered during the period specified in the last
column, is subject to duty at the rate set forth herein in
lieu of the rate provided therefor in schedules 1 to 8, in-
clusive.

2. Articles exempted under item 915.25 from the payment of duty shall be exempt also from the payment of any internal revenue tax imposed upon or by reason of importation.

3. (a) Items 911.10, 911.11, 911.13, 911.14, 911.15, and 911.16 shall not apply when the market price of copper is under 51 cents per pound.

(b) For purposes of subparagraph (a), the market price of copper has the meaning assigned to it by headnote 5(b) of the headnotes of schedule 6, part 2, subpart C.

(c) For purposes of subparagraph (a), the market price of copper shall be considered to be under 51 cents per pound only on and after the 20th day after the date of a report by the United States International Trade Commission to the Secretary of the Treasury that it has determined that the market price has been under 51 cents per pound for one calendar month. After any such report, the market price shall be considered as not being under 51 cents per pound only on and after the 20th day after the date of a report by the Commission to the Secretary that it has determined that the market price has been 51 cents or more per pound for one calendar month.

(d) Determinations by the Commission under this headnote shall be made in the manner prescribed by headnote 5(e) of schedule 6, part 2, subpart C.

Horses, other than for immediate slaughter (provided for in part 1, schedule 1):

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903.50

Valued not over $150 per head (item 100.73).

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Free.

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