(b) The quadruplicate copy of the certified invoice, bearing a consular notation that the original was stamped, presented by the principal on the entry bond within six months from the date of entry of the merchandise covered thereby may be accepted to cancel the bond obligation for the production of the certified invoice. The triplicate copy of the certified invoice, bearing a consular notation that the original was stamped, may also be used for such purpose upon the request of the principal, provided satisfactory evidence of his inability to produce the original or the quadruplicate copy is presented to the collector. (See § 8.14 (b).) [Paragraph (b) amended by T.D. 51057, May 10, 1944, 9 F.R. 5035]

§ 8.13 Contents of invoices; incomplete invoices; general requirements supplemented.

CODIFICATION: Paragraph (e) of § 8.13 was revoked and paragraphs (f)-(m) were redesignated (e)-(1), by Treasury Decision 51059, May 19, 1944, 9 F.R. 5398.

Paragraph (i), formerly paragraph (j), was amended during the period covered by this Supplement, as follows:

T.D. 51019, Mar. 10, 1944, was added for the item "Wool products, etc." [9 F.R. 2816] The following items were added to the list of merchandise:

Boots, shoes, or other footwear (including athletic or sporting boots and shoes), made wholly or in part of leather, T.D. 51029, Mar. 24, 1944. [9 F.R. 3381]

Screenings or scalpings of grains or seeds, T.D. 51096, July 19, 1944. [9 F.R. 8289, 9136]

(21) Merchandise imported as supplies, stores, or equipment of the importing vessel and subsequently made subject to entry pursuant to the provisions of section 446, Tariff Act of 1930. [Subparagraph (21) added by T.D. 51036, Apr. 7, 1944, 9 F.R. 3891]

(b) Commercial invoices may be accepted for the articles listed below imported from countries contiguous to the continental United States, when unconditionally free of duty or subject only to a specific rate of duty not depending on value, provided they set forth the information required by or pursuant to section 481, Tariff Act of 1930, but if the person making entry declares in writing that he is unable to produce such an invoice and gives a bond to produce it within 6 months from the date of entry, entry may be permitted on production of a less complete commercial invoice or statement in the form of an invoice (pro forma invoice) of the value or the price paid:

(1) Forest products, except red cedar shingles and chicle.

(2) Standard newsprint paper.
(3) Pulpwood and wood pulp.
(4) Live domestic animals.

(5) Agricultural products, crude or unmanufactured, except bananas, coca leaves, coffee, raw cotton, dairy products other than milk and cream, guayule, henequen, hides, opium, seeds imported subject to the provisions of the Federal Seed Act (see T.D. 50071) or for seeding (planting) purposes, sisal, skins of all kinds, tea, tobacco, and wool of all kinds, including wool on the skin. Importers shall be required by collectors of customs to furnish satisfactory evidence that seeds are not imported for planting purposes, when such claim is made the basis for exemption from the necessity of producing a certified invoice. When such evidence is not furnished at the time of entry and a bond is given for the production of a certified invoice, the required evidence may be accepted in satisfaction of the bond obligation if produced within the period prescribed in section 484

(b), Tariff Act of 1930.18

(b) as amended by T.D. 51036, Apr. 7, 1944, 9 F.R. 3891]

§ 8.18

Declaration on entry.

(c) When entry is made by an agent," he shall execute on the entry form, as agent, the declaration of the consignee applicable to the person for whom he acts as agent. An agent shall not execute the declaration of a nominal consignee unless he is acting as agent for a nominal consignee. If the agent has knowledge of the facts and is authorized under a proper power of attorney to execute the declaration of the principal (consignee), no further declaration of the consignee shall be required; otherwise a declaration of the consignee on customs Form 3347-A shall be produced with the entry or a charge for the production of such declaration made against the appropriate entry bond." No separate bond of the agent shall be required. [Paragraph (c) amended by T.D. 51045, Apr. 22, 1944, 9 F.R. 4419]

§ 8.26 Recall of merchandise released from customs custody; requests of appraiser for additional packages or quantities.

(d) The demand or notification shall be prepared in duplicate and the retained copy, with the date of mailing or delivery noted thereon, shall be made

18 As used in this subparagraph:

The term "crude" means in the natural state, not processed, manufactured, or advanced beyond the state reasonably necessary for the transportation of the article from the place of origin to the United States. The term "forest products" means crude vegetable substances grown in or obtained from forests, and includes logs, timber, and lumber not further manufactured than sawed into planks, boards, or deals, and planed and tongued and grooved.

The term "standard newsprint paper" means the kind of paper chiefly used for printing newspapers at or just prior to June 17, 1930. (See T.D.'s 40996, 44317, 45418 (4), and 50120 (4))

The term "pulpwood" means logs and timber cut to lengths for the purpose of manufacturing into wood pulp.

The term "wood pulp" means the fibers of wood produced either mechanically or chemically for use in the manufacture of paper, pulpboard, or other pulp products.

The term "agricultural products" means those things which are produced from the soil of farms, plantations, and estates, or which are brought into condition for the use of society by the labor of those engaged in agricultural pursuits.

ENTRY FOR REWAREHOUSE

§ 8.33 Procedure.

CODIFICATION: In § 8.33 (c), the period was deleted at the end thereof, and the following text added, by Treasury Decision 51115, Aug. 30, 1944, 9 F.R. 10667: "or if it is entered by a transferee who has filed the bond provided for in § 8.39. When merchandise is withdrawn for transportation by a transferee, the collector at the port of withdrawal shall endorse the withdrawal to show whether the transferee has filed the bond provided for in § 8.39."

WITHDRAWAL AT ORIGINAL OR SECONDARY PORT FOR CONSUMPTION

§ 8.39 Withdrawal by transferee.

(e) A transferee may further transfer the right to withdraw the merchandise, subject to the provisions of this section relating to original transfers. [Paragraph (e) added by T.D. 51115, Aug. 30, 1944, 9 F.R. 10667]

CODIFICATION: In paragraph (b) of § 8.39, the words "limit the right of withdrawal to one person" in the first sentence were deleted and the words "designate a particular transferee." were substituted therefor, by Treasury Decision 51115, Aug. 30, 1944, 9 F.R. 10667.

23 The agent referred to in sec. 485 (c), Tariff Act of 1930, is a person acting under written authority from the consignee who makes entry in the name of the consignee. A nominal consignee who makes entry in his own name is not an agent within the purview of such sec. 485 (c).

In view of the specific provision in sec. 485 (f) of the tariff act, as amended, that when the merchandise is consigned to an individual, a partnership, or a corporation the consignee's declaration may be made by any person who has knowledge of the facts and who is specifically authorized by such individual, a member of the partnership, or an officer of such corporation to make such declaration, the person who executes the declaration on behalf of the individual, partnership, or corporation is not considered to be an agent within the purview of sec. 485 (c) and is not required by sec. 485 (c) to produce, or give bond to produce, any further declaration.

24 "In the event that an entry is made by an agent under the provisions of section 484 of this Act and such agent is not in possession of such declaration of the consignee, such agent shall give a bond to produce such declaration." (Tariff Act of 1930, sec. 485 (c); 19 U.S.C. 1485 (d))

10.17 Returning residents; exemptions; articles not accompanying resident or shipped in bond to another port; certified Copy of declaration. [Amended]

10.20 Declaration and entry. [Amended]

DOMESTIC PRODUCTS EXPORTED AND
RETURNED

§ 10.1 Requirements on entry.

(b) If, in any case where the appraising officer's report does not show definitely that merchandise the value of which exceeds $100 is of domestic origin, the affidavit on customs Form 3311 has not been signed by the owner or ultimate consignee, the collector may require the affidavit to be executed on such form by the owner or ultimate consignee. Such affidavit shall be filed within three months after the date of the demand therefor upon the person in whose name the entry was filed. If the owner or ultimate consignee is a corporation, such affidavit may be signed by the president, vice-president, secretary, or treasurer of the corporation, or it may be signed by any employee or agent of the corporation who holds a power of attorney executed under the conditions outlined in § 8.19 and a certification by the corporation that such employee or other agent has or will have knowledge of the pertinent facts. [First two sentences amended by T.D. 51008, Feb. 12, 1944, 9 F.R. 1960]

*

PASSENGERS' BAGGAGE

§ 10.17 Returning residents; exemptions; articles not accompanying resident or shipped in bond to another port; certified copy of declaration.

CODIFICATION: § 10.17 (i) was amended in the following respects, by Treasury Decision 51066, June 2, 1944, 9 F.R. 6056:

The words "which are not subject to duty and" were deleted from the third sentence. The fourth and fifth sentences were amended to read as follows: If the full exemption from duty to which the passenger was entitled in respect of all the articles declared by him at the time of his arrival has previously been exhausted, an entry shall be required in the same manner as if the articles

had not previously been declared. However, the requirement of an entry in such cases shall not deprive the articles of the exemption from invoice requirements provided for in § 8.15 (a) (6).

§ 10.17 (k) was amended in the following respects, by Treasury Decision 51125, Sept. 18, 1944, 9 F.R. 11603:

The word "temporarily" in the first sentence was deleted.

The period at the end of the first sentence was deleted and the following added to that sentence: unless or until the name of the port where claim will be made first for further allowance under the $100 exemption can be ascertained, whereupon the name of that port shall be noted on the original baggage declaration and the certified copy forwarded immediately by the collector to that port. The second sentence was deleted.

§ 10.20 Declaration and entry. CODIFICATION: In § 10.20 (c) (1), the period at the end of the first sentence was deleted and the following text added, by Treasury Decision 51126, Sept. 22, 1944, 9 F.R. 11735: "further than that necessarily incidental to wear and use while abroad."

In paragraph (c) (5), the last sentence was amended to read as follows by Treasury Decision 51125, Sept. 18, 1944, 9 F.R. 11603: If more than one claim may subsequently be made under the $100 exemption, the certified copy of the baggage declaration shall be forwarded to the port where claim will be made first for further allowance under the $100 exemption, in conformity with section 10.17 (k).

PART 11-PACKING AND STAMPING; MARKING; TRADE-MARKS AND TRADE NAMES; COPYRIGHTS

Sec.

MARKING

11.8 Marking of articles and containers to indicate name of country of origin. [Amended]

§ 11.8 Marking of articles and containers to indicate name of country of origin.

CODIFICATION: In the first sentence of § 11.8 (m), the words "at the gross regular hourly rate of pay of the customs officer or employee so assigned" were deleted and the following words substituted therefor: "in accordance with § 19.5 (c)", by Treasury Decision 51075, June 5, 1944, 9 F.R. 6251.

PART 13-SUGARS, SIRUPS, AND MOLASSES; PETROLEUM PRODUCTS; WOOL AND HAIR

$13.12 Invoices.

CODIFICATION: In § 13.12, item (6), after the comma following the word "wool", the following text was added: "the type number by which it is bought and sold in the country of origin and", by Treasury Decision 51062, May 24, 1944, 9 F.R. 5769.

§ 13.16 Grades of wool, standards, reconsideration of.

CODIFICATION: In § 13.16, the last three sentences were deleted by Treasury Decision 51062, May 24, 1944, 9 F.R. 5769.

Bec.

PART 14-APPRAISEMENT

14.1 Order of appraisement; designation of packages for examination. [Amended]

14.4 Furnishing information as to values. [Amended].

§ 14.1 Order of appraisement; designation of packages for examination.

CODIFICATION: The list contained in § 14.1 (b) was amended by the addition of "Gum, chewing" after the item "Gums and resins, natural and synthetic", by Treasury Decision 51090, July 7, 1944, 9 F.R. 7743.

§ 14.4 Furnishing information as to values.

(h) except that no notice of withheld appraisement shall be issued if:

(1) The entered value, or the amended entered value, is high enough to cover the estimated maximum value that may be reported by the appraiser;

(2) The merchandise is unconditionally free of duty or subject only to a specific rate of duty not depending on value; or

(3) The merchandise has been entered under a warehouse entry.

CODIFICATION: In § 14.4 (h), the period at the end of the first sentence was changed to a comma and the above text added, by Treasury Decision 51142, Oct. 31, 1944, 9 F.R. 13102.

PART 15-RELIEF FROM DUTIES ON MERCHANDISE LOST, STOLEN, DESTROYED, INJURED, ABANDONED, OR SHORT-SHIPPED

Sec. 15.6 Disposition of abandoned merchandise and proceeds of sale. [Revised] 15.9 Loss of wines and liquors in transit; definitions; outages. [Amended]

§ 15.6 Disposition of abandoned merchandise and proceeds of sale. (a) The disposition of merchandise abandoned

pursuant to section 506 (1) or 563 (b), Tariff Act of 1930, as amended, and not retained for official use, shall be governed by T. D. 48105, as amended. If the merchandise is cleared for sale, it shall be sold in accordance with the applicable provisions of Part 20, unless it is worthless or it shall appear probable that the expenses of sale will exceed the proceeds. If the merchandise is sold, no part of the proceeds shall be returned to the importer.

(b), If the merchandise or any part thereof is worthless or it appears probable that the expenses of its sale would exceed the proceeds, it shall be destroyed or otherwise disposed of as the collector may direct. No credit for abandonment of such merchandise shall be given unless a customs officer, who has satisfied himself as to the quantity of the abandoned portion of the shipment and as to the destruction or removal from the control of the applicant of the entire quantity of the goods covered by the collector's instructions as to disposition, shall certify on customs Form 4613 to those facts to avoid the possibility of any part of the same goods being made the subject of another application. (Secs. 506 (a), 563 (b), 624, 46 Stat. 732, 746, 759; 19 U.S.C. 1506 (a), 1563 (b), 1624) [T.D. 51127, Sept. 22, 1944, 9 F.R. 11735]

§ 15.9 Loss of wines and liquors in transit; definitions; outages.

*

(d) * No allowance can be made unless breakage, leakage, or damage was found on inspection at the port of arrival. If the existence, but not the extent, of the loss is determined upon such inspection, the amount of loss found at destination in the casks or packages found broken, leaking, or damaged at the port of arrival, shall be considered as reflecting the extent of the loss existing at the time of arrival of the merchandise in this country. The inspection of the merchandise in connection with its removal from the importing carrier under customs supervision constitutes an inspection within the meaning of this section. [Third and fourth sentences amended by T.D. 51074, June 5, 1944, 9 F.R. 62511

CODIFICATION: Paragraph (e) of § 15.9 was amended by inserting after the word "losses" in the second sentence the following: "amounting to 10 per centum or more of the value of the contents of the cask or package" by Treasury Decision 51074, June 5, 1944, 9 F.R. 6251.

17.6 Notice of advance. [A
[Amended]

17.7 Appeal for reappraisement; form; hearing at New York; samples. [Amended]

17.8 Notice to importer of reappraisement decision; review of. [Amended]

§ 17.6 Notice of advance. (b) *

The notice shall be prepared in duplicate and the retained copy, with the date of mailing or delivery noted thereon, shall be made part of the entry record. [Sentence added by T.D. 51048, Apr. 28, 1944, 9 F.R. 4569]

§ 17.7 Appeal for reappraisement; form; hearing at New York; samples.

CODIFICATION: In § 17.7 (b), a period was inserted, followed by the footnote reference "7", after the word "triplicate", the balance of the sentence was deleted, and a new second sentence reading as follows was added “Customs Form 4305 may be used for this purpose", by Treasury Decision 51140, Oct. 27, 1944, 9 F.R. 12953.

§ 17.8 Notice to importer of reappraisement decision; review of. (a)

The notice shall be prepared in duplicate and the retained copy, with the date of mailing or delivery noted thereon, shall be made part of the entry record. [Sentence added by T.D. 51048, Apr. 28, 1944, 9 F.R. 4569]

CODIFICATION: In § 17.8 (b), a period was inserted followed by the footnote reference "9" after the word "duplicate", the balance of the sentence was deleted, and a new second sentence reading as follows was added "Customs Form 4307 may be used for this purpose", by Treasury Decision 51140, Oct. 27, 1944, 9 F.R. 12953.

MERCHANDISE IN TRANSIT THROUGH THE UNITED STATES TO FOREIGN COUNTRIES

Sec.

18.20 Entry procedure; forwarding.

[Amended]

GENERAL PROVISIONS

§ 18.3 Transshipment; transfer by bonded cartman.3 (a) When bonded merchandise is to be transshipped under customs supervision at a place other than the port of origin, an additional copy of the manifest on customs Form 7512 shall be prepared by the carrier or shipper. Such additional copy shall be certified and given by the lading inspector to the conductor, master, or person in charge of the conveyance in a sealed envelope to be delivered to the collector at the place of transshipment. [Paragraph (a) amended by T.D. 51035, Apr. 5, 1944, 9 F.R. 3833]

(d) All transfers to or from the conveyance or warehouse of merchandise undergoing transportation in bond shall be made under the provisions of Part 21 and at the expense of the parties in interest, unless the carrier's bond is liable for the safekeeping and delivery of the merchandise while in is being transferred. [Paragraph (d) added by T.D. 51035, Apr. 5, 1944, 9 F.R. 3833]

CODIFICATION: The headnote of $18.3 was amended to read as set forth above, by Treasury Decision 51035, Apr. 5, 1944, 9 F.R. 3833. § 18.7 Transfer by bonded cartman. [Revoked]

CODIFICATION: § 18.7 was revoked by Treasury Decision 51035, Apr. 5, 1944, 9 F.R. 3833. WAREHOUSE AND REWAREHOUSE WITHDRAWALS FOR TRANSPORTATION

§ 18.16 Form of withdrawal; time. CODIFICATION: In § 18.16 (a), the period at the end of the second sentence was changed to a semicolon and the following added: "and the collector shall endorse the withdrawal to show whether the transferee has filed the bond provided for in § 8.39", by Treasury Decision 51115, Aug. 30, 1944, 9 F.R. 10668. WAREHOUSE WITHDRAWALS FOR EXPORTATION OR FOR TRANSPORTATION AND EXPORTATION

§ 18.19 Procedure.

CODIFICATION: In § 18.19 (b) (1), the word "nine" was deleted, and the word "eight" substituted therefor; in paragraph (b) (3), the first sentence was deleted, the comma

For provisions for transshipment or unlading due to accident or other casualty, see § 4.31 of this chapter.