« PreviousContinue »
(c) Application and bond. An application for services of customs employees at night or on a Sunday or holiday, customs Form 3171 or 3853, supported by the required bond or cash deposit, shall be filed with the collector before the assignment of such employees for reimbursable overtime services. The bond to secure reimbursement shall be on customs Form 7597 or 7599 and in an amount to be fixed by the collector, unless another bond containing a provision to secure reimbursement is on file.
(d) Assignment. Customs employees may be ordered to report for any overtime duty sufficiently in advance of the time specified by the applicant to avoid unnecessary delay, but in no case more than 1 hour in advance of the time so specified unless the specified time is subject to change without reasonable notice as in the case of some aircraft arrivals. If no time can be specified for the services to begin, the employees required and available shall be assigned to the overtime duty as soon as practicable. Customs employees shall not be deemed available to perform reimbursable overtime services at night unless the total time of service, including waiting time, will be at least one hour, but nothing in this section shall prohibit the collector or other administrative officer from requiring an employee to perform, before he leaves his duty status and without extra compensation under the Act of February 13, 1911, as amended, any work which is pending at the beginning of the night and can be completed in less than 1 hour. No customs employee shall be assigned on a weekday, or for more than an aggregate of 8 hours on a Sunday or holiday, to any overtime service for which nonreimbursable extra compensation is payable, except under special authorization from the Commissioner of Customs. (e) Nonperformance of
requested services. If services which have been requested and for which employees have reported are not performed by reason of circumstances beyond the control of the employees concerned, extra compensation shall be paid and collected on the same basis as though the services had actually been performed during the period between the time the employees were ordered to report for duty and did so report and the time they were notified that their services would not be required, and in any case as though actual
performance had continued for at least 1 hour.
(f) Broken periods. When overtime services at night or on a Sunday or holiday are rendered in broken periods and less than 2 hours intervene between such broken periods, the intervening waiting time, including any time required for travel between posts of overtime duty but not including any periods for meals or other time not spent at the post of duty, shall be included in the computation of overtime compensation as though the services had been continuous. If 2 hours or more intervene between periods during which services are actually performed, the collector shall determine according to the circumstances of the case whether the service shall be treated as continuous with compensab.e waiting time or as two or more distinct assignments with compensation to be computed separately for each assignment in accordance with the provisions of paragraph (g). In no case shall any employee be entitled to receive more than 242 days' pay by reason of the fact that he is given two or more assignments during one night.
(g) Rate for night service. The reasonable rate of extra compensation for authorized overtime services performed by customs employees at night on any weekday is hereby fixed at one-half of the gross daily rate of regular pay of the employee who performs the service for each 2 hours of compensable time, any fraction of 2 hours amounting to at least 1 hour to be counted as 2 hours. The compensable time shall be the period between the beginning of the night and the conclusion of the services if the employee is assigned and reports for duty before the expiration of the first 4 hours of the night; the period between the time the employee is assigned and reports for duty and the conclusion of the services, plus 4 hours, if the time of assignment is after the expiration of the first 4 and before the beginning of the last 2 hours of the night; or 2 hours if the employee is assigned and reports for duty 2 hours or less before the end of the night. The compensable time for overtime service performed by a customs employee assigned to a regular tour of duty covering any part of a night shall be computed in accordance with this night rate as though the beginning of the regular tour of duty of such employee marked the end of a night period and the
close of such tour marked the beginning of another night period, but extra compensation is not payable in accordance with this section for overtime services performed by any customs employee on a regular workday during other than the night hours of the port or station. The total extra compensation paid pursuant to this section to a customs employee for overtime services performed during one night shall not exceed 29/2 times the gross daily rate of his regular pay.
(h) Rate for Sunday or holiday service. The reasonable rate of extra compensation for Sunday or holiday services is hereby fixed at twice the gross daily rate of regular pay of the employee who performs the service for any and all services totaling an aggregate of not more than 8 hours during the 24 hours from midnight to midnight of the Sunday or holiday, including actual waiting time and time required for travel between posts of duty but not including any periods for meals or other time not spent at the post of duty. This rate shall apply regardless of the length of time served within the aggregate of 8 hours, whether it is served continuously or in broken periods, and whether it is served for one or more applicants. Services in excess of an aggregate of 8 hours performed during the 24 hours of a Sunday or holiday shall be compensated on the same basis as overtime services performed at night on a weekday, the time between the completion of the aggregate of 8 hours and midnight being considered as the hours of a night.
(i) Part-time employees. The extra compensation for overtime services performed by a permanent part-time employee at night or on a Sunday or holiday shall be computed on the basis of the gross daily rate of regular pay the parttime employee would receive for full-time service in the position held by him. Customs employees who are paid on a perdiem-when-employed basis shall be paid the overtime rate but not the per-diem rate when assigned to perform overtime services on a Sunday or holiday.
(j) Proration of charges. If services are performed for two or more applicants during one continuous tour of overtime duty, the charge for the extra compensation earned shall be prorated equitably according to the time attributable to the services performed for each applicant. For the purpose of this paragraph the Government shall be consid
ered the applicant for nonreimbursable overtime services.
(k) Participation in overtime work. In general, services for which extra compensation is payable in accordance with this section, or for which reimbursement is required in accordance with $ 24.17, shall be performed by employees who are regularly assigned to perform the same class of work during their regular tours of duty, but when the collector or other administrative field officer concerned finds that the needs of the service so required he is hereby authorized to assign any other available and competent employee to perform such services and such employees while so assigned shall be deemed acting inspectors, acting storekeepers, etc., as the case may be. (R.S. 161, 41 Stat. 402, secs. 450, 451, 452, 624, 46 Stat. 715, 759, sec. 9, 52 Stat. 345, 1082; 58 Stat. 269; 5 U.S.C. 22, 19 U.S.C. and Sup., 261, 267, 1450, 1451, 1452, 1624, 46 U.S.C. 382b) (T.D. 51149, Nov. 18, 1944, effective Dec. 1, 1944, 9 F.R. 13912]
$ 24.17 Other services of officers; reimbursable.
(d) The reimbursable compensation charge shall be computed in accordance with $ 19.5 (c) of this chapter. (Paragraph (d) amended by T.D. 51075, June 5, 1944, 9 F.R. 6252]
8 24.31 Authority to incur expenses. CODIFICATION: The limitation of $50 on the amount of expenses which may be incurred without the prior authorization of the Bureau, as set forth in $ 24.31 (b) (2) and (3), (d) (2), and (f), was suspended as to purchases made or services rendered during the fiscal year 1945 and a limitation of $100 was substituted in lieu thereof during said fiscal year, by Treasury Decision 51098, July 19, 1944, 9 F.R. 8289.
§ 24.36 Refunds of excessive duties. CODIFICATION: In the first sentence of $ 24.36 (b), the words “of internal-revenue tax" were inserted before the comma following the word "refund", by Treasury Decision 51068, June 3, 1944, 9 F.R. 6148.
PART 25—CUSTOMS BONDS NOTE: Executive Order 9470, Aug. 25, 1944, Title 3, supra, provides in part as follows:
1. The amount of the bond of a collector of customs shall be not less than ten percentum, as determined by the Secretary of the Treasury, of the average monthly collections of the respective customs district for the fiscal year next preceding that in which the bond is given: Provided, That the amount of such bond shall not be more than $100,000
except in the discretion of the Secretary, and shall not be less than $10,000.
2. Such bonds shall be in multiples of one thousand dollars, and any fractional part of the required amount shall be covered by an additional multiple of one thousand dollars.
3. An examination of the bonds of collectors of customs for the purpose of ascertaining the sufficiency of the sureties and adjusting the amounts of such bonds shall be made at least every two years and as much oftener as may be deemed necessary by the Secretary of the Treasury.
Proc. 2497, July 17, 1941, 3 CFR Cum. Supp.) [T.D. 50993, Jan. 24, 1944, effective Jan. 31, 1944, 9 F.R. 1003]
$ 51.12 Waiver of presentation of original copy of special license. (See codification note, supra).
PART 52–REGULATIONS UNDER TRADING WITH THE ENEMY ACT
PART 51-IMPORTS AND EXPORTS
SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER 8389, AS AMENDED, AND PROCLAMATION 2497, REGARDING “BLOCKED NA
TIONALS" SPECIAL LICENSING PROCEDURE (REVISED) Sec. 51.11 Presentation of original copy of special
license. 51.12 Waiver of presentation of original copy
of special license. CODIFICATION: By Treasury Decision 50993, Jan. 24, 1944, effective Jan, 31, 1944, 9 F.R. 1003, the former $$ 51.11 and 51.14 were revoked, the former $ 51.12 redesignated $ 51.11 and revised to read as set forth below, and $ 51.13 redesignated $ 51.12.
$ 51.11 Presentation of original copy of special license. Whenever presentation of a special license issued pursuant to Executive Order No. 8389, as amended, is required upon the entry, withdrawal, or exportation of merchandise, the original copy of the special license shall be presented to the collector in respect of each such transaction and shall bear a notation in ink by the licensee or person presenting the license showing the description, quantity, and value of the merchandise to be entered, withdrawn, or exported. This notation should be so placed and so written that there will exist no possibility of confusing it with anything placed on the license at the time of its issuance. If the license in fact authorizes the entry, withdrawal, or exportation the collector, or other authorized customs employee, shall verify the notation by signing or initialing it after first assuring himself that it accurately describes the merchandise it purports to represent. The license shall thereafter be returned to the person presenting it. (40 Stat. 415, as amended, 54 Stat. 714, 56 Stat. 463; 12 U.S.C. and Sup., 95a, 50 U.S.C. App., Sup., 701. E.O. 8389, as amended Apr. 10, 1940, and
RELEASE OF ART OBJECTS FROM CUSTOMS
CUSTODY (ADDED) Sec. 52.12 Prohibitions against release of im
ported art objects. 52.13 Requirements for release of art ob
jects. 52.14 Definition of art objects.
AUTHORITY: $ $ 52.12 to 52.14, inclusive, issued under secs. 3(a), 5(b), 40 Stat. 412, 415, as amended; 50 U.S.C. App. and Sup., 3, 12 U.S.C. and sup., 95a.
SOURCE: $ $ 52.12 to 52.14, inclusive, contained in Treasury Decision 51072, effective June 8, 1944, 9 F.R. 6239.
$ 52.12 Prohibitions against release of imported art objects. No art object hereafter imported from any foreign country, except one which constitutes a part of the United Kingdom, the British Dominions, or British Colonies, and no art object which is now in customs custody which was imported after March 12, 1938 from any foreign country except one which constitutes a part of the United Kingdom, the British Dominions, or British Colonies, shall be released from customs custody, whether for consumption or exportation, or shall be sold or forfeited under the customs laws and regulations, unless such release, sale, or forfeiture has been licensed or otherwise authorized by the Secretary of the Treasury.
$ 52.13 Requirements for release of art objects. (a) Persons seeking release of any such art object from customs custody for consumption or exportation shall file an application on Form TFE-1 in duplicate in the manner prescribed in $130.3 of Title 31. Form FFC 168 must be filled out and attached to the application.
(b) With respect to art objects in customs custody which are subject to sale or forfeiture under the customs laws and regulations, the Collector of Customs concerned shall file a report in duplicate on Form FFC 168 with Foreign Funds Control, Treasury Department, Unit 244, Washington, D. C.
$ 52.14 Definition of art objects. As used herein, the term “art object” shall include any of the following, if there is reasonable cause to believe that the article or lot of articles included in one importation, export shipment, or sale lot (a) is worth $5,000 or more, or (b) is of artistic, historic, or scholarly interest irrespective of monetary value:
(1) Paintings in oil, mineral, water, or other colors, tempera, pastels, drawings and sketches in pen, ink, pencil, or water colors, engravings, woodcuts, prints, lithographs, miniatures;
(2) Statuary, sculptures;
(3) Chinaware, glassware, pottery, Porcelain;
(4) Rugs, tapestries, laces, and other textiles;
(5) Jewelry, metalwork;
(6) Books, manuscripts, archival materials and records;
(7) Furniture; (8) Curios.
preceding extension, provided, among other things, that in each case the sureties on the entry bond agree to remain bound under the terms and conditions of the bond to the same extent as if no extension had been granted, and
Whereas, the bond described below was furnished by-
(Name of principal on the bond) and accepted by the Government of the United States to cover, among other things, the entry of imported merchandise for warehouse or rewarehouse at the port(s) of
during the period beginning on
19.---, and ending on
19.-.-; ? General Term Bond for Entry of Mer• chandise in the sum of $_
as principal, and..
and as sureties, under date of 19----, and approved by the Commissioner of Customs under date of 19.---; and
Whereas, certain imported merchandise was entered for warehouse or rewarehouse at the ports and under the entries indicated below and such entries charged against the bond described above: Name of port Entry No. Date of entry
$ 56.3 Extension of bonds.
(c) In cases in which the merchandise was entered for warehouse and charged against a General Term Bond for Entry of Merchandise, customs Form 7595, or against a Blanket Smelting and Refining Bond in the form prescribed T. D. 50267, the agreement of the principal and sureties on the bond shall be furnished to the collector of customs in the following form and forwarded by the collector to the Bureau of Customs for approval: EXTENSION OF GENERAL TERM BOND FOR ENTRY
OF MERCHANDISE Whereas, in Treasury Decision 50967 of November 19, 1943, issued pursuant to authority contained in the President's Proclamation dated November 4, 1943, the threeyear warehousing period for imported merchandise prescribed in sections 557 and 559, Tariff Act of 1930, as amended, was tended for one year and further extended for an additional period of one year from and after the expiration of the immediately
(Name of principal on the bond) desires, as to such merchandise, to obtain an extension of the period during which it may remain in warehouse for one year from and after the expiration of the three-year period prescribed in sections 557 and 559, supra, as amended, and to obtain such further extensions for additional periods of one year each from and after the expiration of the immediately preceding extension as may be permissible under T. D. 50967, as amended, and to continue the liability therefor under the bond for such three-year period and to extend the liability under the bond to cover such one-year extension and any further extensions as may be permissible under T. D. 50967, as amended; Now, therefore, this is to certify that
------, principal, and
sureties, on the bond described above, hereby stipulate and agree that, in consideration of the granting of an extension of one year of the three-year period during which the merchandise may remain in warehouse and the granting of such
further extensions of one year each as may be permissible under T. D. 50967, as amended, their liability under the bond as to such merchandise shall cover such one-year extension and any further extensions permissible under T. D. 50967, as amended, together with the original three-year period.
Witness our hands and seals this day of
(Name and official title) (SEAL)
(Name and official title) (SEAL}
(Name and official title) Signed, sealed, and delivered in the presence of
F.R. 55. Exception is noted in brackets following section affected.
$ 58.1 Free entry authorized. Under the authority of sections 1 and 2 of Public Law 211, approved December 22, 1943, the following products, if entered, or withdrawn from warehouse, for consumption on or after December 23, 1943, and before March 22, 1944, and if actually used in the United States as, or as a constituent part of, feeds for livestock or poultry, are exempt from duty:
(1) Wheat, oats, barley, rye, flax, cottonseed, corn, or hay;
(2) Derivatives of the foregoing;
(3) Products wholly or in chief value of one or more of the products mentioned in (1) and (2) above.
The exemption does not apply to wheat or other grain which is used in the manufacture of flour for human consumption, to flaxseed or cottonseed for oil milling, nor to other merchandise to be processed for the purpose of producing a product which is not to be used as, or as a constituent part of, feed for livestock or poultry. If the required use is shown, the exemption is applicable to imported derivatives of the products named in Public Law 211, such as feed flour, linseed cake or meal, and cottonseed cake or meal, and is applicable to products in chief value of one or more of the derivatives and/or the named products.
$ 58.2 Entry requirements. (a) There shall be filed in connection with the entry an affidavit of the importer that the merchandise, which shall be described by name, is imported to be used as, or as a constituent part of, feed for livestock or poultry.
(b) If the product is entered for consumption, there shall also be filled in connection with the entry a bond on customs Form 7551
PART 58-FREE ENTRY OF CERTAIN
FEEDS FOR LIVESTOCK AND POULTRY AND CERTAIN OTHER PRODUCTS (ADDED]
NOTE: Part 58 was revised in its entirety during the period covered by this Supplement. The text of the part as it appeared prior to revision is set forth below in small type. Sec. 58.1 Free entry authorized. 58.2 Entry requirements. 58.3 Proof of use. 58.4 Quota limitations.
AUTHORITY: $$ 58.1 to 58.4, inclusive, issued under 57 Stat. 607; 19 U.S.C., Sup., 1001 note.
SOURCE: $ $ 58.1 to 58.4, inclusive, contained in Treasury Decision 50983, Jan. 3, 1944, 9
1 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of the Tariff Act of 1930, the following, when imported into the United States from foreign countries, and when entered, or withdrawn from warehouse, for consumption, during the period of ninety days beginning with the day following the date of enactment of this joint resolution, to be used as, or as a constituent part of, feed for livestock and poultry, shall be exempt from duty: Wheat, oats, barley, rye, flax, cottonseed, corn, or hay, or products in chief value of one or more of the foregoing or derivatives thereof: Provided, That this Act shall not be construed to authorize the importation of wheat for milling purposes. As used in this joint resolution the term "United States" means the several States, the District of Columbia, the Territories, Puerto Rico, and the Virgin Islands.
SEC. 2. The exemptions from duties provided for by this joint resolution shall be subject to compliance with regulations to be prescribed by the Secretary of the Treasury.