TITLE 19-CUSTOMS DUTIES Chapter I-Bureau of Customs, Department of the Treasury. CHAPTER I-BUREAU OF CUSTOMS DEPARTMENT OF THE TREASURY Part 1 200 310 N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003). CODIFICATION: Treasury Decision 51547, Commissioner of Customs, approved by the Acting Secretary of the Treasury, Oct. 10, 1946, 11 F.R. 12041, provides that whenever a reference to Executive Order No. 9083 appears in this chapter, in any note, or in any citation of authority, except as such reference appears in note 1 of Part 3, Documentation of Vessels, that reference shall be amended to read "Sec. 102, Reorganization Plan No. 3 of 1946, Title 3, Chapter IV, supra. NOTE: Treasury Decision 51491, Commissioner of Customs, approved by the Acting Secretary of the Treasury, July 16, 1946, 11 F.R. 7766, provides that all orders, rules, regulations, permits or other privileges made, issued, or granted in respect of all functions transferred to the Commissioner of Customs by section 102 of Reorganization Plan No. 3 of 1946 (Title 3, Chapter IV, supra) and in effect at the time of such transfer shall continue in effect to the same extent as if such transfer had not occurred. CROSS REFERENCES: For continuance of the transfer of functions of the Bureau of Marine Inspection and Navigation, Department of Commerce, transferred to the Bureau of Customs by Executive Order 9083, see section 102 of Reorganization Plan No. 3 of 1946, Title 3, Chapter IV, supra. For citation of joint regulations and regulations of other agencies administered in part by the Customs Service, see § 100.1 of this chapter. 10 Articles conditionally free, subject to a reduced rate, etc. [Amended] Packing and stamping; marking; trade-marks and trade names; copyrights. [Amended] Relief from duties on merchandise lost, stolen, destroyed, injured, abandoned, or short-shipped. [Amended] Liquidation of duties. [Amended] 17 Protests and reappraisements. [Amended] 18 Transportation in bond and merchandise in transit. [Amended] Part 19 23 24 60 Customs warehouses and control of merchandise therein. [Amended] Enforcement of customs and navigation laws. [Amended] Customs financial and accounting procedure. Disclosure of information. [Amended] [Amended] Imports and exports subject to the provisions of Executive Order 8389, as Free entry of certain feeds for livestock and poultry and certain other products. Importation of articles in connection with the inter-American trade exposition at Forth Worth, Texas, under Public Law No. 434, 79th Congress. [Added] 100 Organization, functions, and procedures of the Bureau of Customs. [Added] ABBREVIATIONS: The following abbreviations are used in this chapter: PART 1-CUSTOMS DISTRICTS AND PORTS Sec. 1.5 Customs agency districts. [Amended] 1.21 Delegation of powers to Commissioner of Customs. [Amended] § 1.5 Customs agency districts. CODIFICATION: § 1.5 was amended in the following respects by Treasury Decision 51516, Commissioner, approved by the Acting Secretary of the Treasury, Aug. 13, 1946, 11 F.R. 8860: 1. "49 (Puerto Rico)" was deleted from the area shown for Customs agency district No. 2 with headquarters at New York, New York. 2. "49 (Puerto Rico), 51 (Virgin Islands)" was inserted before "the Republic of Cuba" in the area shown for Customs agency district No. 6 with headquarters at Miami, Florida. 3. The entry "16. Paris, France-Europe and the Near East" was inserted in the list of Customs agency districts, between districts Nos. 15 and 19. (12) Duties accruing under section 3114, Revised Statutes of the United States, as amended by section 466, Tariff Act of 1930, relating to equipment and repairs of vessels, may be remitted or refunded by the collector of customs concerned, under the conditions specified in section 3115, Revised Statutes of the United States, as amended by section 466 of the tariff act, upon the receipt of an appropriate application for relief from such duties, but his refusal to remit or refund any such duties pursuant to a claim for relief under said section 3115, Revised Statutes, shall be subject to review by the Commissioner of Customs upon application therefor. The right and power so to remit or refund such duties is hereby conferred upon the several collectors and their successors in office. [Subparagraph (12) added by T. D. 51584, Dec. 11, 1946, 11 F.R. 14511] (b-1) There is hereby conferred and imposed upon the Commissioner of Cus toms, subject to the general supervision and direction of the Secretary of the Treasury, the authority vested in the Secretary by section 36 of the act of June 22, 1936 (49 Stat. 1816, 48 U.S.C. 14061), to make rules and regulations for the administration of the customs laws in the Virgin Islands, but the authority so conferred and imposed shall be subject to the same limitations as those contained in paragraph (a) (2) of this section. [Paragraph (b-1) added by T.D. 51479, June 24, 1946, 11 F.R. 7128] CODIFICATION: § 1.21 was further amended in the following respects by Treasury Decision 51479, Acting Secretary of the Treasury, June 24, 1946, 11 F.R. 7128: 1. The words "or any other law" were inserted after "Tariff Act of 1930, as amended," in paragraph (a); a comma and "Tariff Act of 1930" were inserted after "section 303" in paragraph (a) (4), after "section 511" in paragraph (a) (5), after “section 318" in paragraph (a) (7), and after "section 619" in paragraph (a) (8). 2. In paragraph (a) (6) "$5,000" was deleted and "$20,000" was inserted in lieu thereof. 3. In paragraph (a) (9) "$600" was deleted and "$1,500" was inserted in lieu thereof. 4. In paragraph (a) (10) "not exceeding $10" was deleted and "aggregating less than $100" was inserted in lieu thereof. PART 2-MEASUREMENT OF NOTE: Treasury Decision 51377, Acting Secretary of the Treasury, Dec. 29, 1945, 11 F.R. 251, provides as follows: All orders waiving compliance with the navigation laws administered by the Treasury Department which are in effect on December 31, 1945, whether issued by the Secretary of the Treasury pursuant to the authority vested in him by the provisions of section 501 of the Second War Powers Act, 1942 (sec. 501, 56 Stat. 180; 50 U.S.C. App., Sup. 635), as extended by, the act of December 20, 1944 (sec. 1501, 56 Stat. 187, as amended; 50 U.S.C. App. Sup. 645), or confirmed and continued by him in his order of April 1, 1942 (T.D. 50594; 7 F.R. 2600), are hereby continued in effect pursuant to the authority vested in Secretary of the Treasury by section 501 of the Second War Powers Act, 1942, as extended by the act of December 28, 1945 (Public Law 270, 79th Congress, 59 Stat. 658; 50 U.S.C., App., Sup., 632a); Provided, the That nothing herein contained shall be deemed to continue in effect any such order which, by its terms, is effective only until and including December 31, 1945, or for the navigation season of 1945. Treasury Decision 51485, Acting Secretary of the Treasury, July 1, 1946, 11 F.R. 7464, provides as follows: All orders waiving compliance with the navigation laws administered by the Treasury Department which were issued by the Secretary of the Treasury pursuant to the authority vested in him by the provisions of section 501 of the Second War Powers Act, 1942 (50 U.S.C. App. Sup. 635), as extended by the act of December 28, 1945 (50 U.S.C. App. Sup. 645), and which were in effect on June 30, 1946, are hereby continued in effect pursuant to the authority vested in the Secretary of the Treasury by section 501 of the Second War Powers Act, 1942, as extended by the act of June 29, 1946 (Public Law 475, 79th Congress, 60 Stat. 385); Provided, That nothing herein contained shall be deemed to continue in effect any such order which, by its terms, is effective only until and including June 30, 1946. are § 2.46 Open shelter deck space. (a) No space between the upper and shelter decks of a vessel shall be exempted from inclusion in gross tonnage as open shelter deck space unless there is in that shelter deck a permanent middle-line tonnage opening which, except as provided in this paragraph, is at least 4 feet long in the clear and at least as wide, in the clear, as the after cargo hatch on that deck. If any such opening is less than the minimum size in the clear specified in this paragraph solely because one or of that opening more corners rounded, that space shall be exempted, upon compliance with all applicable provisions of this section, in any case in which the radius of curvature of each such corner is not greater than 9 inches, or in any case in which a greater radius of curvature is required in writing by the United States Coast Guard or by a recognized classification society. In the latter case, a copy of that written requirement shall be filed in the office of the collector of customs by whom the [Paragraph (a) vessel is admeasured. amended, approved Feb. 27, 1946, 11 F.R. 2219] 1 Secs. 102, 103, and 104, Reorganization Plan No. 3 of 1946 (Title 3, Chapter IV, supra): SEC. 102. Functions transferred to Bureau of Customs. There are hereby transferred to the Commissioner of Customs those functions of the bureau, offices, and boards specifled in the first sentence of section 104 of this plan, and of the Secretary of Commerce, which pertain to registry, enrollment, and licensing of vessels, including the issuance of commissions to yachts, the assignment of signal letters, and the preparation of all reports and publications in connection therewith; measurement of vessels, administration of tonnage duties, and collection of tolls; entry and clearance of vessels and aircraft regulation of vessels in the coasting and fishing trades, and limitation of the use of foreign vessels in waters under the Jurisdiction of the United States; recording of sales, conveyances, and mortgages of vessels; protection of steerage passengers; all other functions of such bureau, offices, and boards which were performed by the Bureau of Customs on behalf thereof immediately prior to the effective date of Executive Order No. 9083 of February 28, 1942 (7 F. R. 1609); and the power to remit and mitigate fines, penalties and forfeitures incurred under the laws governing these functions. SEC. 103. Powers of the Secretary of the Treasury. The functions transferred by section * 102 of this plan may be performed through such officers and employees Bureau of Customs of the * SEC. 104. Abolition of agencies. The Bureau of Marine Inspection and Navigation, the office of the director thereof, the offices of supervising inspectors, principal traveling inspectors, local inspectors, assistant inspectors, shipping commissioners, deputy shipping commissioners, and the Board of Supervising Inspectors, the Boards of Local Inspectors, the Marine Casualty Investigation Board, and the Marine Boards are hereby abolished. The Secretary of the Treasury. shall provide for winding up those affairs of the said abolished agencies which are not otherwise disposed of herein. [Footnote 1 amended by T.D. 51547, approved Oct. 10, 1946, 11 F.R. 12041] collector of customs for the State of port of United States of America, do hereby certify that No. issued at [Paragraph (e) added by T.D. 51566, approved Nov. 7, 1946, 11 F.R. 13460] CODIFICATION: The last clause at the end of the first sentence of § 3.26 (a), beginning "and when a trustee is appointed" was deleted and the following text was added in lieu thereof, by Treasury Decision 51414, Commissioner, approved by the Acting Secretary of the Treasury, Mar. 7, 1946, 11 F.R. 2587: "when a trustee is appointed upon bankruptcy of the owner of the whole or any part of a vessel; and when a partnership owning an interest in a vessel is terminated or when there is any change in the membership of such partnership without dissolution of the firm." § 3.32 Sale or transfer of vessel; change in membership of owning partnership. (i) In the case of the termination of a partnership owning an interest in a vessel because of the addition of a new member, the withdrawal of an old, or both, the death or bankruptcy of a partner, or for any other reason, a written instrument in the nature of a bill of sale, as provided for in paragraph (b) of this section, shall be filed with the collector of customs before a new document is granted. (j) In the case of a change in membership of a partnership owning an interest in a vessel without dissolution of the firm, there shall be filed with the collector of customs evidence satisfactory to him that there has been no such dissolution and an affidavit as to the change which has occurred executed by one or more of the members of the partnership as so changed before a new document is granted. CODIFICATION: The headnote of § 3.32 was amended to read as set forth above, and paragraphs (i) and (j) were added, by Treasury Decision 51414, Commissioner, approved by the Acting Secretary of the Treasury, Mar. 7, 1946, 11 F.R. 2587. (g) A foreign-built vessel which has been purchased from the Maritime Commission or the War Shipping Administration by a citizen shall not engage in the American fisheries, but it is otherwise unlimited as to documents and trade so long as it continues in such ownership. When a marine document is issued to such a vessel, the following notation shall be made thereon: As amended by section 9 of the Shipping Act, 1916, as amended. This vessel shall not engage in the American fisheries. If the vessel is owned by a corporation, the notation required by § 3.2 (d) shall also be made on the document. [Paragraph (g) added by T.D. 51394, Jan. 25, 1946, approved Jan. 24, 1946, 11 F.R. 1090] ARRIVAL AND ENTRY OF VESSELS § 4.1 Boarding of vessels; cutter and dock passes. * (d) A collector of customs, in his discretion, may issue a cutter pass on customs Form 3093 to permit the holder to board an incoming vessel after it has been inspected by the quarantine authorities and taken in charge by an officer of the customs, as follows: (1) to persons on official business; (2) to news reporters, newspaper photographers, photographers of established motionpicture companies, and broadcasters of established radio-broadcasting companies; and (3) in cases of special exigency in which the collector is satisfied as to the urgent need for the boarding and that its allowance will not result in undue interference with the performance of official business. Term passes, for a period not to exceed six months, may be issued in the discretion of the collector, to persons on official business and to duly accredited news reporters and newspaper photographers. Passes are not transferable and shall be forfeited upon presentation by others than those to whom issued. (e) [Revoked] CODIFICATION: § 4.1 (d) was amended to read as set forth above and paragraph (e) was revoked by Treasury Decision 51575, Acting Commissioner of Customs, approved by the Secretary of the Treasury, Nov. 26, 1946, 11 F.R. 13959. § 4.7 Inward foreign manifest; production on demand; contents and form. Page 2819 |
