(2) Partial shipments. When a mailer presents an authenticated export declaration with a partial shipment in lieu of a validated license, as prescribed in paragraph (c) of this section, take the authenticated declaration, postmark it and send it to the Bureau of Foreign Commerce. If a validated license is presented with a partial shipment, take it up and dispose of it in the same manner as for an entire shipment.

§ 142.4 Export control inspections.

Parcels are subject to inspection by United States customs officers at dispatching exchange post offices. If violations of export control are detected, the parcels may be returned or seized by the customs inspectors. Postage is not refunded.

143.3

Processing licensed mailings. 143.4 Mailings exempt from license. 143.5

Government shipments.

AUTHORITY: §§ 143.1 to 143.5 issued under R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 505.

SOURCE: §§ 143.1 to 143.5 appear at 26 F.R. 8717, Sept. 19, 1961.

§ 143.1 Individual licenses.

Exportation of certain arms or implements of war and related technical data requires individual licenses issued by the Office of Munitions Control, Department of State. Firearms of less than .22 caliber, those using only .22 caliber rim-fire ammunition, and shotguns are exempt. The mailer can obtain information as to the applicability of the State Department requirements and how to apply for individual licenses from the Office of Munitions Control, Department of State, Washington 25, D.C.

§ 143.2 Mailings under license.

When the entire amount authorized by an individual license is mailed, the sender must surrender the license at the post office. If only a portion of the amount authorized is mailed, the sender must enter on the back of the license the amount being shipped and present it at the post office, where the accepting clerk

mailer.

§ 143.3 Processing licensed mailings.

(a) When a mailer presents a State Department license, the accepting clerk will compare the commodities or data indicated on the license with the contents as shown on the customs declaration or as stated by the mailer in the case of technical data mailed as printed matter. If no discrepancy is noted, and the contents are mailable under Part 115 of this chapter and not prohibited to the country of destination concerned, the clerk will accept it for mailing. The sender must mark the wrapper "State Department export license No.

(b) If the mailing represents the entire amount authorized, the clerk will take up the license, mark it Completed, apply a legible postmark, and forward it to the Office of Munitions Control, Department of State, Washington 25, D.C. § 143.4 Mailings exempt from license.

Technical data that has been published or is otherwise exempt from licensing under section 125.30 of title 22, Code of Federal Regulations, does not require individual State Department license for exportation. The mailer must mark the wrapper "22 CFR 125.30 * * * applicable", identifying the specific subsection under which the exemption is claimed. Exportations under this exemption may not be made to the Soviet Union, any Soviet bloc country, Communist China, or the Communistcontrolled area of Vietnam.

§ 144.1

License requirements.

A license is necessary to mail gold in any form or gold certificates from the continental United States to any destination outside its limits or from any U.S. post office outside the continental limits to another country, except as provided in §§ 144.2 and 144.3. Moreover, before acceptance, the postmaster at the office of mailing must receive instructions from the Post Office Department, or the Treasury Department, with a copy of the license.

§ 144.2 Gold held by nonresidents.

Gold in any form other than coin is mailable without a license and specific instruction, if it is not held or owned by a person who is a resident of or domiIciled in the continental United States. In such a case the mailer must place on the wrapper of the package and on the shipper's export declaration when required (see § 141.1 of this chapter) a statement that the gold contained therein is held or owned by a person who is not a resident of, or who is not domiciled in, the continental United States.

(a) Definition. Fabricated gold is defined by the Treasury Department as processed or manufactured gold in any form (other than gold coin or scrap gold) which has a gold content the value of which does not exceed 90 percent of the total domestic value of the processed or manufactured gold and which has in good faith and not for the purpose of evading or enabling others to evade the provisions of the Gold Reserve Act of 1934, the act of October 6, 1917, as amended, or the regulations of the Treasury Department, been processed or manufactured for some one or more specific and customary industrial, professional, or artistic uses. Fabricated gold is to be distinguished from semiprocessed gold, which may be exported only pursuant to Treasury License, and which is defined to include gold articles of which more than 90 percent of the total domestic value is attributable to the gold content thereof.

(b) Mailing restricted. Fabricated gold is acceptable for mailing without being licensed by the Treasury Department and without specific instructions from the Post Office Department. However, the shipper is required to endorse the wrapper of the package with the Bureau of Census Schedule B statistical

classification number of each specific commodity contained therein. The shipper's export declaration, when required (see § 141.1 of this chapter) shall contain, in addition to a specific description of the contents of the package, the following notation: Fabricated gold as defined by section 54.4 of the Gold Regulations, being exported pursuant to the authorization contained in section 54.25 (b) (2) of such regulations.

(c) How to determine. To determine whether an article is semi-processed or fabricated gold, the value of the gold content is computed at $35 per fine troy ounce of gold and the total domestic value is determined on the basis of the cost of the article to the owner and not the selling price. In the case of a manufacturer or processor, the allowable elements of such value are the cost of material in the article, labor performed on the article, and processing losses and overhead applicable to the manufacture or processing of such article. In the case of a dealer or other person who holds or disposes of gold without further processing, total domestic value includes only the net purchase price paid by such person and any transportation costs incurred in obtaining delivery of such article to his usual place of business.

(d) Gold coin made prior to April 5, 1933. Gold coin made prior to April 5, 1933, is acceptable for mailing without being licensed by the Treasury Department and without specific instructions from the Post Office Department. However, the shipper's export declaration, when required (see § 141.1 of this chapter) shall contain, in addition to a specific description of the package, the following notation: Rare gold coin as defined by section 54.20 of the Gold Regulations, being exported pursuant to the authorization contained in section 54.25 (b) (3) of such regulations.

§ 144.4

Gold coin, bullion, or gold dust.

The acceptance in the postal union mail or parcel post for any country of any consignment of gold coin, gold bullion, or gold dust, having a value in excess of $100 is prohibited, even though a license has been granted to export such gold coin, gold bullion, or gold dust. § 144.5 Where to obtain licenses.

The shipper may obtain the forms on which to apply for licenses to export gold from the Bureau of the Mint, Treasury Department, Washington 25, D.C.

145.1 Dried whole eggs. 145.2

Tobacco seed and plants.

AUTHORITY: §§ 145.1 and 145.2 issued under R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 505.

SOURCE: §§ 145.1 and 145.2 appear at 26 F.R. 8718, Sept. 19, 1961.

§ 145.1 Dried whole eggs.

(a) Endorsements. When dried whole eggs purchased under a program of the Commodity Credit Corporation, Department of Agriculture, are offered for export by mail, an endorsement must be written or stamped on each package by the sender waiving any right to withdraw it from the mail or have it returned. The endorsement must be properly completed and signed by the exporter or his authorized representative over his title. The parcel post forms accompanying such parcels should be completed by the senders to indicate that the parcels are to be abandoned in case of nondelivery.

(b) Certificates. A certificate in the following form, prepared and completed by the sender, must be presented with the shipment:

CERTIFICATE OF MAILING DRIED WHOLE EGGS I hereby certify that there has (have) been posted at this post office today by

A single certificate may cover any number of parcels mailed by the same sender even though addressed to different countries. A charge of 5 cents will be made for each certificate of mailing issued to the sender, or for each parcel when a single certificate covers more than one parcel. Postage stamps to cover the charge for the certificate of mailing shall be fixed to the certificate and canceled by the postmark of the office of mailing. After postmarking, the certificate will be signed by the postmaster or his authorized representative and returned to the sender.

(c) Surrender of permit. The permit is to be presented by mailer at the time of mailing. It will be postmarked and signed by the accepting postal employee. The permit will be retained by the post office and forwarded to the Tobacco Division, Agricultural Marketing Service, Department of Agriculture, Washington 25, D.C.

(d) Charges. A charge of 5 cents will be made for each permit presented by the sender and for each package or parcel when a single permit covers more than one parcel. Postage stamps to cover the charge shall be affixed to the permit and canceled by the postmark of the office of mailing.

PART 146-CONSULAR AND

COMMERCIAL INVOICES

§ 146.1 Consular and commercial invoices.

Many countries require special documents to be prepared by the sender and either presented by the addressee or enclosed within the package. In some cases, certification by a recognized chamber of commerce in the United States, or legalization by a consulate of the country of destination, or both, are required. The mailer may inquire at the post office for information or see individual country items in § 168.5 of this chapter.

(R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. 501, 505) [26 F.R. 8718, Sept. 19, 1961]

§ 147.1 Description.

Drawback is an arrangement provided for under the United States Customs Regulations whereby exporters of certain merchandise are entitled to claim a refund of

(a) The duty paid on imported materials used wholly or in part in the manufacture or production of the articles to be exported, or

(b) The internal revenue tax paid on domestic material used.

§ 147.2 Claiming drawback.

(a) Instructions to mailers. Mailers intending to claim drawback on articles exported by mail must present three completed copies of a "Notice of Exportation (Customs Form 7511-A or 7511-B)" with the package or packages. Each package must also bear on the address side a waiver of the right to withdraw it from the mail. This waiver may be made on customs Form 3413 "Notice of Exportation" and pasted on the wrapper, or may be stamped or written in wording similar to the following:

Shipper

We hereby waive our right to withdraw this package from the mail

(Shipper's signature)

(b) Instructions to postmasters—(1) Postmaster's certificate. Postmark and sign the Postmaster's Certificate on the reverse side of Customs Form 7511-A or 7511-B, "Notices of Exportation" after verifying the marks and numbers on the form with those on the package and noting the presence of the sender's signed statement waiving the right to withdraw the package from the mail.

(2) Disposal of forms. Dispose of completed Forms 7511-A and 7511-B as follows:

(i) Return one copy to the mailer.

(ii) Forward one copy to the collector of customs at the port where the claim is to be filed (shown on the front of the form).

(iii) Retain one copy as an office record. Dispose of this copy after 3 years. § 147.3 Obtaining forms.

Exporters may obtain Customs Forms 3413 "Notice of Exportation", 7511-A and 7511-B from collectors of customs. A charge of 75 cents per pad is made for the "Notice of Exportation".

What is subject to examination.
Separation points.
Examination.

151.4 Repacking.

cles known or believed to contain only official documents addressed to officials of the United States Government.

§ 151.2

Separation points.

(a) Exchange offices. Articles believed liable to customs duty are submitted immediately to local customs officers or redispatched for customs treatment to designated distribution offices, labeled "Supposed Liable to Customs Duty".

(b) Distribution offices. Distribution offices will submit articles supposed liable to customs duty to customs officers as soon as possible after receipt.

(c) Priority treatment of airmail. Airmail articles receive preferential customs treatment and are submitted to customs separately from surface mail. If delivery can be expedited, dispatch will be by air upon return from customs.

(a) Authority to open sealed articles. Sealed letters and letter packages containing merchandise should bear a green label (Form C 1) or an endorsement permitting the customs officer to open the article for examination. In the absence of a label or endorsement, the post office will obtain the addressee's signed authority for opening on Form 2921 "Hold Notice International Mail". If such authority is not granted within 15 days after the first notice, send a second notice. If no response is received from the second notice after an additional 15day period, endorse the article "Retour Non Réclamé" and return it to origin. Sealed parcel post may be opened without any formality.

(b) Registered and sealed articles. The postmaster or other designated postal employee must be present when registered articles and parcels or sealed letter mail is opened by customs officers for examination. After customs treatment, the postal employee will repack and reseal letter-packages in the presence of the customs officer who participated in the opening. Repack the article in the same or better condition than when it was opened. If the article was received in a special penalty envelope which can be reused, forward the article in that envelope; otherwise reseal the article and apply the official adhesive seal of the Post Office Department. Sign or initial the envelope or wrapper of each article.

(c) Extraction of samples for advisory information. Should a customs officer wish to obtain advisory information from a local trade expert or the Customs Information Exchange, 201 Varick Street, New York 14, N.Y., permit him to extract a sample of the contents. The customs officer will furnish the postal official with two copies of Customs Form 6423, "Notice of Damage, Shortage or Samples retained" one for enclosure in the importation and the other for the post office files. If the sample is to be forwarded to New York, dispatch it under official registration to the New York Postmaster for delivery to the Customs Information Exchange.

(d) Failure to receive customs examination. Should an article known or supposed to be dutiable be observed at or en route to the office of address without having received customs treatment, forward it, labeled For Customs Inspection,