Invoices to be in triplicate or in quadruplicate if desired by the shipper in case of merchandise intended for immediate transportation without appraisement, see section 1482 of this title.

Wool products, additional information required in invoices, see section 68f of Title 15, Commerce and Trade.

§ 1482. Certified invoice

(a) Certification in general

Every invoice required pursuant to section 1484(b) of this title to be certified shall, at or before the time of the shipment of the merchandise, or as soon thereafter as the conditions will permit, be produced for certification to the consular officer of the United States

(1) For the consular district in which the merchandise was manufactured, or purchased, or from which it was to be delivered pursuant to contract;

(2) For the consular district in which the merchandise is assembled and repacked for shipment to the United States, if it has been purchased in different consular districts. (b) Declaration

Such invoices shall have indorsed thereon, when so produced, a verified declaration, in a form prescribed by the Secretary of the Treasury, stating whether the merchandise is sold or agreed to be sold, or whether it is shipped otherwise than in pursuance of a purchase or an agreement to purchase, that there is no other invoice differing from the invoice so produced, and that all the statements contained in such invoice and in such declaration are true and correct.

(c) Making and signing

Every certified invoice shall be made out in triplicate, or, for merchandise intended for immediate transportation under the provisions of section 1552 of this title, in quadruplicate, if desired by the shipper, and shall be signed by the seller or shipper, or the agent of either; but a person who has no interest in the merchandise except as broker or forwarder shall not be competent to sign any such invoice. Where any such invoice is signed by an agent, he shall state thereon the name of his principal.

(d) Certified under existing law

Such invoices shall be certified in accordance with the provisions of existing law.

(e) Disposition

The original of the invoice and, if made, the quadruplicate shall be delivered to the exporter to be forwarded to the consignee for use in making entry of the merchandise, and the triplicate shall be promptly transmitted by the consular officer to the appropriate customs officer at the port of entry named in the invoice. The duplicate shall be filed in the office of the consular officer by whom the invoice was certified, to be there kept until no longer needed in conducting the current business of the consular office, at which time it may be disposed of as provided by law.

(f) Certification by others than American consul

When merchandise is to be shipped from a place so remote from an American consulate as to render impracticable certification of the invoice by an American consular officer, such in

voice may be certified by a consular officer of a nation at the time in amity with the United States, or if there be no such consular officer available such invoice shall be executed before a notary public or other officer having authority to administer oaths and having an official seal: Provided, That invoices for merchandise shipped to the United States from the Virgin Islands, American Samoa, the island of Guam, or the Canal Zone may be certified by the appropriate customs officer.

(g) Effective date

This section shall take effect August 16, 1930. (June 17, 1930, ch. 497, title IV, § 482, 46 Stat. 720; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Oct. 25, 1951, ch. 562, § 4(4), 65 Stat. 640; Aug. 8, 1953, ch. 397, § 16(a), 67 Stat. 517; June 2, 1970, Pub. L. 91-271, title III, § 301(h), 84 Stat. 288.)

CODIFICATION

Words "the Philippine Islands", referred to in subsec. (f), were omitted on the authority of Proc. No. 2695, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse, and in which the President proclaimed the independence of the Philippines.

PRIOR PROVISIONS

Provisions similar to those of this section were contained in Act Sept. 21, 1922, ch. 356, title IV, § 482, 42 Stat. 959. That section was superseded by section 482 of the Tariff Act of 1930, comprising this section, and was repealed by section 651(a)(1) of the 1930 Act.

Provisions requiring the certification of the invoice by consular agents, were contained in Act Oct. 3, 1913, ch. 16, § III, D, 38 Stat. 181, which superseded provisions on the same subject contained in the Customs Administrative Act of June 10, 1890, ch. 407, §3, 26 Stat. 131, as amended by Payne-Aldrich Tariff Act Aug. 5, 1909, ch. 6, § 28, 36 Stat. 91, and which was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.

R.S. § 2843 required that, for admission to entry of merchandise subject to ad valorem duty, belonging to a person not residing in the United States, who should have actually purchased it, the invoice should be verified by the oath of the owner, administered by a consul or other officer, and certified by him. R.S. § 2845 required that, for admission to entry of merchandise subject to ad valorem duty, belonging to a person not residing in the United States, who had not acquired it in the ordinary mode of bargain and sale, or belonging to the manufacturer, the invoice should be verified by the oath of the owner, administered and authenticated as prescribed in the two preceding sections. These sections were repealed by the Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141.

R.S. § 2850 provided that whenever the invoice or merchandise belonging to a person not residing in the United States had not been duly verified and authenticated, and, upon application to the Secretary of the Treasury, the merchandise had been refused entry, the same should be deemed suspected. It became inoperative by the repeal, by the Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 104, of the special provisions of R.S. §§ 2843, 2845, for verification and authentication of such invoices and was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

R.S. § 2851 prescribed a fee of $2.50 for consular certification of invoices. It was repealed, and such fees were included with those for which, by R.S. § 1745 the President was authorized to prescribe rates, by Act April 5, 1906, ch. 1366, § 9.

R.S. § 2853, required invoices to be in triplicate and prescribed by whom they should be signed. It, and section 2855, relative to indorsements on the invoice were amended by Act June 10, 1880, ch. 190, 84, 21 Stat. 173, to provide for quadruplicate invoices of merchandise intended to be transported, without appraisement under that Act. Section 2853 was repealed by the Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, and provisions of the same nature, with additions, were made by section 2 of that act, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 91, and the Underwood Tariff Act of Oct. 3, 1913, ch. 16, § III, C, 38 Stat. 181, which was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989. The Act of June 10, 1880, mentioned above, was also repealed by section 643 of the Act of Sept. 21, 1922, ch. 356.

R.S. § 2854, providing for the production of invoices to the consul or other officer, and the indorsement of declarations thereon, was repealed by Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat. 141, § 29.

R.S. § 2856 provided that, in case of merchandise imported from a foreign country adjacent to the United States, the declaration required in the two preceding sections might be made to, and the certificate indorsed by, the consul, vice-consul, or commercial agent at or nearest to the port of clearance for the United States. It was repealed by the Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, reenacted by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 104.

Provisions requiring a declaration to be indorsed on the invoice, when produced for certification, and specifying its contents in detail, were contained in Act Oct. 3, 1913, ch. 16, § III, D, 38 Stat. 181, which superseded Customs Administrative Act June 10, 1890, ch. 407, § 3, Stat. 131, as amended by Payne-Aldrich Tariff Act Aug. 5, 1909, ch. 6, § 28, 36 Stat. 91, and which was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989. An earlier provision on the subject was contained in R.S. § 2854, which was repealed by Customs Administrative Act June 10, 1890, ch. 407, § 29, 26 Stat. 141.

Provisions for the certification of invoices by others than American consuls were contained in R.S. § 2844, as amended by Act June 28, 1906, ch. 3569, 34 Stat. 539, which was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

Provisions specifying the proceedings to be taken when from any cause the triplicate transmitted to the collector was not received at the port where the merchandise actually arrived, were contained in R.S. $2857, which was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

AMENDMENTS

1970-Subsec. (e). Pub. L. 91-271, § 301(h)(1), substituted "appropriate customs officer" for "collector of customs".

Subsec. (f). Pub. L. 91-271, § 301(h)(2), substituted "appropriate customs officer" for "collector of customs or the person acting as such, or by his deputy". 1953-Subsec. (a). Act Aug. 8, 1953, substituted "required pursuant to section 1484(b) of this title to be certified" for "covering merchandise exceeding $100 in value".

1951-Subsec. (e). Act Oct. 25, 1951, substituted "until no longer needed in conducting the current business of the consular office, at which time it may be disposed of as provided by law" for "until the Secretary of State authorizes its destruction".

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500

of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVING CLAUSE Amendment to this section effective on and after the thirtieth day following Aug. 8, 1953, and saving clause, see notes set out under section 1304 of this title.

CROSS REFERENCES

Certification of invoices by consuls or other officers, and their duties in regard thereto, see sections 338 to 341 of this title.

Declaration

As to port in which it is intended to make entry of merchandise, see section 338 of this title.

Filed on entry of merchandise, see section 1485 of this title.

Effect of "Philippine Trade Act of 1946" upon section, see sections 1351 to 1386 of Title 22, Foreign Relations and Intercourse.

Management and disposition of records, see sections 2901 et seq., 3101 et seq., and 3301 et seq. of Title 44, Public Printing and Documents.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1481 of this title.

§ 1483. Consignee as owner of merchandise For the purposes of this subtitle

(1) All merchandise imported into the United States shall be held to be the property of the person to whom the same is consigned; and the holder of a bill of lading duly indorsed by the consignee therein named, or, if consigned to order, by the consignor, shall be deemed the consignee thereof. The underwriters of abandoned merchandise and the salvors of merchandise saved from a wreck at sea or on or along a coast of the United States may be regarded as the consignees.

(2) A person making entry of merchandise under the provisions of subdivision (h) or (i) of section 1484 of this title (relating to entry on carrier's certificate and on duplicate bill of lading, respectively) shall be deemed the sole consignee thereof.

(June 17, 1930, ch. 497, title IV, § 483, 46 Stat. 721.)

PRIOR PROVISIONS

§ 1484. Entry of merchandise

(a) Requirement and time

Except as provided in sections 1490, 1498, 1552, and 1553 and in subdivision (j) of section 1336 of this title, and in subdivisions (h) and (i) of this section, the consignee of imported merchandise shall make entry therefor either in person or by an agent authorized by him in writing under such regulations as the Secretary of the Treasury may prescribe. Such entry shall be made at the customhouse within five days, exclusive of Sundays and holidays, after the entry of the importing vessel or report of the vehicle, or after the arrival at the port of destination in the case of merchandise transported in bond, unless the appropriate customs officer authorizes in writing a longer time.

(b) Production of certified invoice

The Secretary of the Treasury shall provide by regulation for the production of a certified invoice with respect to such merchandise as he deems advisable and for the terms and conditions under which such merchandise may be permitted entry under the provisions of this section without the production of a certified invoice.

(c) Production of bill of lading

The consignee shall produce the bill of lading at the time of making entry, except that

(1) If the appropriate customs officer is satisfied that no bill of lading has been issued, the shipping receipt or other evidence satisfactory to such customs officer may be accepted in lieu thereof;

(2) The appropriate customs officer is authorized to permit entry and to release merchandise from customs custody without the production of the bill of lading if the person making such entry gives a bond satisfactory to such customs officer, in a sum equal to not less than one and one-half times the invoice value of the merchandise, to produce such bill of lading, to relieve such customs officer of all liability, to indemnify such customs officer against loss, to defend every action brought upon a claim for loss or damage, by reason of such release from customs custody or a failure to produce such bill of lading, and to entitle any person injured by reason of such release from customs custody to sue on such bond in his own name, without making such customs officer a party thereto. Any person so injured by such release may sue on such bond to recover any damages so sustained by him; and

(3) The provisions of this subdivision shall not apply in the case of an entry under subdivision (h) or (i) of this section (relating to entry on carrier's certificate and on duplicate bill of lading, respectively).

(d) Signing and contents

Such entry shall be signed by the consignee, or his agent, and shall set forth such facts in regard to the importation as the Secretary of the Treasury may require for the purpose of assessing duties and to secure a proper examination, inspection, appraisement, and liquidation, and shall be accompanied by such invoices, bills of lading, certificates, and documents as are re

quired by law and regulations promulgated thereunder.

(e) Statistical enumeration

The Secretary of the Treasury, the Secretary of Commerce, and the United States International Trade Commission are authorized and directed to establish from time to time for statistical purposes an enumeration of articles in such detail as in their judgment may be necessary, comprehending all merchandise imported into the United States and exported from the United States, and shall seek, in conjunction with statistical programs for domestic production, to establish the comparability thereof with such enumeration of articles. All import entries and export declarations shall include or have attached thereto an accurate statement specifying, in terms of such detailed enumeration, the kinds and quantities of all merchandise imported and exported and the value of the total quantity of each kind of article. (f) Packages included

If any of the certificates or documents necessary to make entry of any part of merchandise arriving on one vessel or vehicle and consigned to one consignee have not arrived, such part may be entered subsequently, and notation of the packages or cases to be omitted from the original entry shall be made thereon. One or more packages arriving on one vessel or vehicle addressed for delivery to one person and imported in another package containing packages addressed for delivery to other persons may be separately entered, under such rules and regulations as the Secretary of the Treasury may prescribe. All other merchandise arriving on one vessel or vehicle and consigned to one consignee shall be included in one entry, unless the Secretary of the Treasury shall authorize the inclusion of portions of such merchandise in separate entries under such rules and regulations as he may prescribe; except that, in the case of articles not subject to a quantitative or tariff-rate quota, entry for the entire quantity covered by an entry for immediate transportation made under section 1552 of this title may be accepted at the port of entry designated by the consignee, or his agent, in such entry after the arrival of any part of such quantity at such designated port or at such other place of depos it as may be authorized in accordance with regulations prescribed by the Secretary of the Treasury.

(g) Statement of cost of production

Under such regulations as the Secretary of the Treasury may prescribe, the appropriate customs officer may require a verified statement from the manufacturer or producer showing the cost of production of the imported merchandise, when necessary to the appraisement of such merchandise.

(h) Entry on carrier's certificate

Any person certified by the carrier bringing the merchandise to the port at which entry is to be made to be the owner or consignee of the merchandise, or an agent of such owner or consignee, may make entry thereof, either in person or by an authorized agent, in the manner and subject to the requirements prescribed in this section (or in regulations pro

mulgated hereunder) in the case of a consignee within the meaning of paragraph (1) of section 1483 of this title.

(i) Entry on duplicate bill of lading

Any person may, upon the production of a duplicate bill of lading signed or certified to be genuine by the carrier bringing the merchandise to the port at which entry is to be made, make entry for the merchandise in respect of which such bill of lading is issued, in the manner and subject to the requirements prescribed in this section (or in regulations promulgated hereunder) in the case of a consignee within the meaning of paragraph (1) of section 1483 of this title, except that such person shall make such entry in his own name.

(j) Release of merchandise

Merchandise shall be released from customs custody only to or upon the order of the carrier by whom the merchandise is brought to the port at which entry is made, except that merchandise in a bonded warehouse shall be released from customs custody only to or upon the order of the proprietor of the warehouse. The customs officer shall return to the person making entry the bill of lading (if any is produced) with a notation thereon to the effect that entry for such merchandise has been made. The customs officer shall not be liable to any person in respect of the delivery of merchandise released from customs custody in accordance with the provisions of this section. Where a recovery is had in any suit or proceedings against a customs officer on account of the release of merchandise from customs custody, in the performance of his official duty, and the court certifies that there was probable cause for such release by such customs officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such customs officer, but the amount so recovered shall, upon final judgment, be paid out of moneys appropriated from the Treasury for that purpose.

(June 17, 1930, ch. 497, title IV, § 484, 46 Stat. 722; June 25, 1938, ch. 679, § 12, 52, Stat. 1083; Aug. 8, 1953, ch. 397, §§ 3(b), 16(b), (c), 67 Stat. 509, 517; June 2, 1970, Pub. L. 91-271, title III, § 301(1), 84 Stat. 288; Jan. 3, 1975, Pub. L. 93618, title VI, § 608(a), 88 Stat. 2073.)

PRIOR PROVISIONS

Provisions similar to those of this section were contained in Act Sept. 21, 1922, ch. 356, title IV, § 484, 42 Stat. 960. That section was superseded by section 484 of the Tariff Act of 1930, comprising this section, and was repealed by section 651(a)(1) of the 1930 Act.

Provisions requiring entry of goods, and prescribing the manner of making it, the documents to be produced, etc., were contained in R.S. § 2785. Provision for entry when the particulars of the merchandise were unknown was made by R.S. § 2788. A special provision regarding entry of distilled spirits and wines was contained in R.S. § 2794. All of these sections were repealed by Act Sept. 21, 1922, ch. 356, Title IV, § 642, 42 Stat. 989.

Provisions relating to the production of certified invoices were contained in Act Oct. 3, 1913, ch. 16, § III, E, 38 Stat. 182, which re-enacted the provisions of the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 92, which amended Customs Administrative Act of June 10, 1890, ch. 407, § 4, 26 Stat. 131. Said section

III, E, was repealed by Act Sept. 21, 1922, ch. 356, Title IV, § 643, 42 Stat. 989. Earlier provisions were contained in R.S. § 2860, and Act June 22, 1874, ch. 391, §§ 9, 10, and 11, all repealed by Act June 10, 1890, ch. 407. § 29, 26 Stat. 141.

R.S. § 2842 required bond for the production of an invoice duly certified by the oath of the owner or one of them, in the case of merchandise belonging to a resident of the United States absent from the place of entry. R.S. § 2852, provided that when merchandise was admitted to entry on invoice, the collector should certify the same, and no other evidence of value should be admitted on the part of the owner, except in corroboration of the entry. R.S. § 2859, made special provision for entry of merchandise from countries where there was no United States consul, etc. These sections were all repealed by Act Sept. 21, 1922, ch. 356, Title IV, § 642, 42 Stat. 989.

R.S. §§ 2847 and 2848 authorized the Secretary of the Treasury to admit to entry in certain cases merchandise subject to ad valorem duty, belonging to a person not residing in the United States, not accompanied with an invoice verified and authenticated as required by preceding section. They became inoperative by the repeal of R.S. §§ 2843, 2845, by the Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 104, and the enactment of provisions for entry of goods without invoice by section 4 of said Customs Administrative Act amended by the Payne-Aldrich Tariff Act, and further amended by the Underwood Tariff Act of Oct. 3, 1913, ch. 16, § III, E, and were repealed by Act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

R.S. § 2858, provided that the Secretary of the Treasury, whenever it had become impracticable for the person desiring to make entry of merchandise to produce any invoice thereof, might authorize the entry thereof, and remit forfeitures in such cases, as in other cases under the revenue laws. It was repealed by the Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 104.

A provision relating to statistical enumeration of merchandise, except that the "accurate statement" was to be a part of the declaration therein provided for, and a further provision making it the duty of the consular officer to whom the invoice should be produced to require the information to be given, were contained in Act Oct. 3, 1913, ch. 16, § III, F, 38 Stat. 182, amending the Customs Administrative Act of June 10, 1890, ch. 407, § 5, 26 Stat. 132, as previously amended by Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 95. Said section III, F, was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.

Prior provisions on the subject of subsequent entry of part of merchandise and separate entry of packages contained in packages for delivery to others were contained in Act May 1, 1876, ch. 89, § 1, 19 Stat. 49, which was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989; and in Act Oct. 3, 1913, ch. 16, § III, F. 38 Stat. 182, amending Customs Administrative Act of June 10, 1890, ch. 407, § 5, 26 Stat. 132, as previously amended by Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 95. Said section III, F, was repealed by Act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.

Subsec. (c). Pub. L. 91-271, § 301(i)(2), (3), substituted references to the appropriate customs officer or such customs officer for references to the collector wherever appearing therein.

Subsec. (g). Pub. L. 91-271, § 301(i)(4), substituted reference to the appropriate customs officer for reference to the collector or the appraiser.

Subsec. (j). Pub. L. 91-271, § 301(i)(5), (6), substituted references to the customs officer or such customs officer for references to the collector wherever appearing therein.

1953-Subsec. (a). Act Aug. 8, 1953, § 16(b), substituted "five days" for "forty-eight hours".

Subsec. (b). Act Aug. 8, 1953, § 16(c), granted the Secretary of the Treasury discretion to require certified invoices with respect to merchandise entered as he deems advisable and to establish terms under which merchandise may be imported without a certified invoice, in lieu of former provision that all such merchandise should be accompanied by an invoice certified by a United States consulate except in certain enumerated situations, and of the former provision that the Secretary might grant certain other exceptions.

Subsec. (f). Act Aug. 8, 1953, § 3(b), added provision relating to acceptance at port of entry designated by the consignee or his agent in cases of articles not subject to a quantitative or tariff-rate quota.

1938-Subsec. (f). Act June 25, 1938, inserted provision relating to authorization by the Secretary for inclusion of portions of merchandise in separate entries under such rules and regulations as he may prescribe.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 608(e) of Pub. L. 93-618 provided that: "The amendment made by subsection (a) [amending subsec, (e) of this section] insofar as it related to export declarations shall take effect on January 1, 1976."

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVING CLAUSE Amendment to this section effective on and after the thirtieth day following Aug. 8, 1953, and saving clause, see notes set out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on the thirtieth day following June 25, 1938, except as otherwise specifically provided, see note set out under section 1401 of this title.

COOPERATION OF GOVERNMENTAL AGENCIES WITH SECRETARY OF COMMERCE AND UNITED STATES INTERNATIONAL TRADE COMMISSION IN STUDIES AND INVESTIGATIONS Section 608(d) of Pub. L. 93-618 provided that: "The President is requested to direct the appropriate agencies to cooperate fully with the Secretary of Commerce and the United States International Trade Commission in carrying out their responsibilities under subsections (a) [amending subsec. (e) of this section], (b) [set out as a note under this section], and (c) [set out as a note under this section]."

INVESTIGATION BY UNITED STATES INTERNATIONAL TRADE COMMISSION; FORMULATION OF INTERNATIONAL COMMODITY CODE

Section 608(c) of Pub. L. 93-618 authorized an investigation by the United States International Trade Commission to provide the basis for the formulation of an international commodity code (with a report to be submitted to both Houses of Congress and to the President no later than June 1, 1975) and to provide the basis for full and immediate participation by the Trade Commission in the United States contribution

to technical work of the Harmonized Systems Committee to assure recognition of the needs of the business community in the development of a harmonized code.

STUDY OF COMMODITY CLASSIFICATION SYSTEMS Section 608(b) of Pub. L. 93-618 mandated a joint study by the Secretary of Commerce and the United States International Trade Commission with a view toward development of an enumeration of articles resulting in comparability of import, production, and export data, with the submission of a report to both Houses of Congress and to the President no later than Aug. 1, 1975.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1448, 1482, 1483, 1485 of this title; title 15 section 70g.

§ 1485. Declaration

(a) Requirement; form and contents

Every consignee making an entry under the provisions of section 1484 of this title shall make and file therewith, in a form to be prescribed by the Secretary of the Treasury, a declaration under oath, stating

(1) Whether the merchandise is imported in pursuance of a purchase or an agreement to purchase, or whether it is imported otherwise than in pursuance of a purchase or agreement to purchase;

(2) That the prices set forth in the invoice are true, in the case of merchandise purchased or agreed to be purchased; or in the case of merchandise secured otherwise than by purchase or agreement to purchase, that the statements in such invoice as to value or price are true to the best of his knowledge and belief;

(3) That all other statements in the invoice or other documents filed with the entry, or in the entry itself, are true and correct; and

(4) That he will produce at once to the appropriate customs officer any invoice, paper, letter, document, or information received showing that any such prices or statements are not true or correct. (b) Books and periodicals

The Secretary of the Treasury is authorized to prescribe regulations for one declaration in the case of books, magazines, newspapers, and periodicals published and imported in successive parts, numbers, or volumes, and entitled to free entry.

(c) Agents

In the event that an entry is made by an agent under the provisions of section 1484 of this title and such agent is not in possession of such declaration of the consignee, such agent shall give a bond to produce such declaration. (d) Liability of consignee for increased duties

A consignee shall not be liable for any additional or increased duties if (1) he declares at the time of entry that he is not the actual owner of the merchandise, (2) he furnishes the name and address of such owner, and (3) within ninety days from the date of entry he produces a declaration of such owner conditioned that he will pay all additional and increased duties, under such regulations as the Secretary of the Treasury may prescribe. Such owner shall possess all the rights of a consignee.