praiser shall require the importer to furnish the settlement tests of the sugar in question, together with any information the appraiser may deem desirable relating to the samples and polarizations used in the settlement tests. In no instance shall a retest be granted when the difference between the appraiser's average test and the settlement test is less than 0.4° S. (b) In case of retest, the polariscopic test shall be reported on the basis of the average of the test and the retest, unless it can be shown to the satisfaction of the appraiser that either the test or the retest is in error, in which event the test not in error shall be taken as the basis of the report. (c) In the case of molasses and sirup, a retest shall be granted by the appraiser only when the information in his possession indicates a strong probability of an error. In general, the rules governing the granting of a retest shall be those given above, with the exception that the difference between the appraiser's test and the settlement test shall be shown to be not less than 2 percent total sugars. § 13.9 Mixing classes of sugar. No regulations relative to the weighing, taring, sampling, classifying, and testing of imported sugar shall be so construed as to permit mixing together sugar of different classes, such as centrifugal, beet, molasses, or any sugar different in character from those mentioned, for the purpose of weighing, taring, sampling, or testing. PETROLEUM PRODUCTS § 13.10 Importation of petroleum products in bulk. (a) When petroleum products subject to duty at a specific rate per gallon are imported in bulk in tank vessels and are to be pumped or discharged into storage tanks, the plans of each tank showing all outlets and inlets and the gauge table for each tank showing its capacity in United States gallons per inch or fraction of an inch of height shall be filed at the customhouse. Such plans and tables shall be certified as correct by the proprietor of the tank. An inspector gauger shall verify the measurements and calibrations shown on the gauge table. One set of such plans and gauge tables thus certified and verified shall be kept on file at the plant of the oil company and shall be available at all times to customs officers. Another verified and certified set shall be filed in the customhouse for use in verifying the inspector's reports. The collector may require such additional sets of plans and gauge tables as he may deem necessary. (b) On entry for a petroleum product in bulk, the importer shall show the API gravity at 60° Fahrenheit, and the group to which the product belongs, in accordance with the Petroleum Measurement Tables (American Edition), published by the American Society for Testing Materials (1952). The abridged table (Table No. 7) shall be used in the reduction of volume to 60° F. If the exact quantity cannot be determined in advance, entry may be made for United States gallons, more or less." The information required by this paragraph shall also be shown on the permit and summary sheet. (c) Tanks for the storage of imported petroleum products in bulk may be bonded as warehouses of class 2 if to be used exclusively for the storage of petroleum products belonging or consigned to the proprietor or lessee of the tank. In addition to the documents and bonds required to be filed with the application, the certified plans and gauge tables mentioned above shall be filed. (d) If a bonded tank is not empty at the time the first importation of bonded petroleum products is to be stored therein, the amount of "free" petroleum products in the tank shall be withdrawn by the proprietor as soon as possible. The request to withdraw shall be in the form of a letter and no formal withdrawal need be filed. "Free" or duty-paid petroleum products shall not thereafter be stored in the tank as long as the tank remains bonded. (e) Warehouse withdrawals of petroleum products from bonded tanks shall show the API gravity at 60° Fahrenheit, the group to which the product belongs, and the designation of the tank from which it is to be withdrawn. Such withdrawals may be made for United States gallons, more or less." 64 (f) Allowance for excessive moisture or other impurities may be made in accordance with § 15.7 of this chapter, if it be established that the quantity of water in the importation is excessive and that the noncombustible elements are impurities not usually found in such merchandise. For the purposes of §§ 13.11 to 13.16: (a) The term "clean pound" means pound of clean yield as defined in paragraph (b) of this section. (b) The term "clean yield" means the absolute clean content (that is, all that portion of the merchandise which consists exclusively of wool or hair free of all vegetable and other foreign material, containing by weight 12 percent of moisture and 1.5 percent of material removable from the wool or hair by extraction with alcohol, and having an ash content of not over 0.5 percent by weight), less an allowance, equal by weight to 0.5 percent of the absolute clean content plus 60 percent of the vegetable matter present, but not exceeding 15 percent by weight of the absolute clean content, for wool or hair that would ordinarily be lost during commercial cleaning operations. (c) The word "owner" means an actual owner in whose name the entry is filed or whose declaration has been filed as provided for in section 485(d), Tariff Act of 1930. (d) The word "transferee" means a person who has acquired the right to withdraw merchandise in accordance with section 557(b), Tariff Act of 1930, as amended. (Schedule 3, Part 1C, Headnote 6, Tariff Schedules of the United States) § 13.12 Invoices. Invoices of wool or hair subject to duty at a rate per clean pound under Schedule 3, Part 1C, Tariff Schedules of the United States, shall show the following detailed information in addition to other information required: (a) Condition, that is, whether in the grease, washed, pulled, on the skin, scoured, carbonized, burr-picked, willowed, handshaken, or beaten; (b) Whether free of vegetable matter, practically free, slightly burry, medium burry, heavy burry; (c) Whether in the fleece, skirted, matchings, or sorted; (d) Length, that is, whether super combing, ordinary combing, clothing, or filling; (e) Country of origin, and, if possible, the province, section, or locality of production: (f) If wool, the type symbol by which it is bought and sold in the country of origin and the grade of each lot covered by the invoice, specifying the standard or basis used, that is, whether United States Official Standards or the commercial term to designate grade in the country of shipment; (g) Net weight of each lot of wool or hair covered by the invoice in the condition in which it is shipped, and the shipper's estimate of the clean yield of each such lot by weight or by percentage. (Sec. 481, 46 Stat. 719, sec. 101, 76 Stat. 72; 19 U.S.C. 1481; Sch. 3, pt. 1C, hdnote. 6, Tariff Schedules of the United States) § 13.13 Entry; certificate of clean yield; duties; sampling by importer. (a) Each entry covering wool or hair subject to duty at a rate per clean pound under Schedule 3, Part 1 C, Tariff Schedules of the United States, shall show as to each lot of wool or hair covered thereby, in addition to other information required, the total estimated or actual net weight of the wool or hair in its condition as imported, its total estimated clean yield in pounds, and the estimated percentage clean yield. Two copies of each entry covering wool or hair subject to duty at a rate per clean pound under Schedule 3, Part 1 C, Tariff Schedules of the United States shall be filed in addition to the copies otherwise required. (b) Duties on wool or hair subject to duty at a rate per clean pound under Schedule 3, Part 1 C, Tariff Schedules of the United States may be estimated at the time of entry on the basis of the clean yield shown on the entry if the collector is satisfied that the revenue will be properly protected. Liquidated duties shall be determined on the basis of the appraiser's final report of clean yield. Estimated and liquidated duties on wool or hair tested for clean yield pursuant to the provisions of § 13.14, and withdrawn for consumption without a change in condition which affects the duties and in a quantity less than an entire sampling unit as defined in § 13.14(a) (1) shall be determined on the basis of an appropriate adjustment of the estimated percentage clean yield shown on the entry for the wool or hair included in each of the lots covered by the withdrawal. This adjustment shall be made by increasing or decreasing such estimated percentage clean yield of each lot by the difference between the percentage clean yield of the related sampling unit, as reported by the appraiser, and the weighted average percentage clean yield for the sampling unit, as computed from the estimated percentages clean yield and net weights shown on the entry for the lots included in the sampling unit. (c) [Reserved] (d) The importer of record, the owner, or the transferee, as the case may be, may be permitted after entry to draw samples under customs supervision in reasonable quantities from the packages of wool or hair designated for examination, provided the bales or bags are properly repacked and repaired by such person. Any samples so withdrawn shall be weighed and a record showing the quantities thereof shall be made and filed with the related entry. (e) Duty shall be assessed and collected on samples taken pursuant to the provisions of paragraph (d) of this section or §§ 13.14, 13.15, or 13.16, unless an exemption or remission is obtained by compliance with an applicable provision of the law or regulations. The duty shall be assessed upon the samples in accordance with their condition at the time of importation, except as provided for in section 562, Tariff Act of 1930, as amended. The collection of duty on the samples may be postponed when the importation concerned is not entered for consumption until the withdrawal of the merchandise from which the samples are taken, or until an application for the destruction or abandonment of such merchandise has been accepted pursuant to an appropriate provision of the law or regulations. (Sec. 101, 76 Stat. 72; Sch. 3 pt. 1C, hdnote. 6, (a) When used in this section, the terms: (1) "Sampling unit" means all the similar packages covered by one entry or withdrawal containing wool or hair of the same kind or same general condition and character, produced in the same country, packed in substantially the same manner, and entered as or found to be subject to the same rate of duty. (2) "General sample" means the composite of the individual portions of wool or hair drawn from a sampling unit. (b) The following shall be weighed, sampled, and tested for clean yield, as prescribed in this section, unless such sampling or testing is not feasible: (1) All importations of wool or hair, subject to duty at a rate per clean pound under Schedule 3, Part 1C, Tariff Schedules of the United States, except importations entered directly for manipulation under the provisions of section 562, Tariff Act of 1930, as amended, or for manufacture under the provisions of section 311, Tariff Act of 1930; (2) all imported wool or hair manipulated under the provisions of such section 562 and dutiable after manipulation as wool or hair, at a rate per clean pound under Schedule 3, Part 1C, Tariff Schedules of the United States; and (3) such other imported wool or hair as the collector may designate. When an original sampling unit has been weighed, sampled, and tested in accordance with this section and a part of such unit is covered by a transfer made pursuant to section 557(b), Tariff Act of 1930, as amended, the percentages clean yield of the part covered by the transfer and of the part not so covered shall be computed on the basis of the original customs weights and test, and the invoice data related to the respective parts. When part of such an original sampling unit is exported from continuous customs custody without having been manipulated as provided for in section 562, Tariff Act of 1930, as amended, the percentage clean yield of the part not exported shall be determined, in the discretion of the collector of customs, either on the basis of a new determination by reweighing, resampling, and retesting, or by a computation as described in the preceding sentence, for either the exported or the remaining part. (c) A general sample shall be taken from each sampling unit, unless it is not feasible to obtain a representative general sample of the wool or hair in a sampling unit or to test such a sample in accordance with the provisions of this section, in which case the clean yield of the wool or hair in such sampling unit shall be estimated as provided for in § 13.15. At the request of the importer of record, the owner, or the transferee, as the case may be, two general samples may be taken from a sampling unit if the taking and testing of a second general sample is feasible. If two general samples are taken, one general sample shall be held for use in making a second test to determine the clean yield of the wool or hair if such a test is requested in accordance with the provisions of paragraph (e) of this section, or if a second ass fond fearable by the appraiser The thef tenis. 1 The dean red of al general sample are accordance with s leston all be fetamined by test in a 21stoms adoratory mess I found hat I i cu feasible a an nGIO & SENTIple and train a proper inding of pertenrage dean Teid A report of e emertage dean reid of each genera sample as ractised by the test or 1 satene of the reason for act ng a general ample all be forwarded afe appraiser the report is act receved by the appraiser vilka 1 nca ater the fate of any. De dean Teid I de vii ar ka ma de esamated W provided for in 123.13 except as the case of voci ar bai recaved mfer an ein7 for immediate mansportafor an stimate of clean Teid as proTided for 113 al be made the accratory reports of clean reid is act red by e appraiser vilka 1 mont from the fate on which the last of the merchandise is recared Ecwever, tice appraiser may wikkeld his finding of diean Teid mal the laboratory report a resaved and predicate his finding Cr that report is requested in writing by the importer of record, the owner, or the Transferee, as the case may be. An estimase of clean yield shall be made purstart the provisions of this paragraph only when an adequate granny of the voci or hair is available for examination. (e) The appraiser shall promptly nomfy the importer of record, the owner, or the transferee, as the case may be, by mail of the percentage clean yield found by him. If such person is dissatisfied with the appraiser's Ending, he may e wish the appraiser a when request, in duplicate for another laboratory test for percentage clean yield. Such request shall be fled within 14 calendar days after the date of mailing of the notice of the appraiser's finding of clean Field. The request shall be granted if it appears to the appraiser to be made in good faith and if a second general sample, as provided for in paragraph (c) cf this section is available for testing, or if all packages, cr, in the opinion of the Bureau, an adequate number of the packages, represented by the general sample are available and in their original imported condition. The second test shall be made upon the second general sample, if such a sample is available. If the second general sample is not available, the packages shall be re vaghed, resampled, and zested in accordance v že vcs of this secTICEL AI 10813 and expenses of such operations exclusive of the compensa ZCA HỂ CASEons pices shall be bore by the person vito requessed the further as. Such person may be present dir g sich resampling and resting. If be ied vim the results of the second abc2ary 22 ar a second accratory tests 20t feasible, the woc or car may be retested subject to tibe Concimens and in me manner provided for 13.12. the determination of the dean Feid of any general sample taken in accordance win is sector, an allowance Weg sal be made for voci or hair Stems which it is estimated will be lost crimany during commercial cleaning operators. For each general sample the scored reid of the imported wool cr bar and the quanday of vegetable matuer present in the general sample shall be ascertained. The weight of the Tegetable maner sal be subtracted from the weight of the scoured field, and the diference shall be considered the weight of the clean fibers present in the imported wcci or hair. The allowance for the quantity of wool or hair Abers estimated to be lost ordinarly during commercial cleaning operations shall be computed by making a base alowance cf Ете one-thousandths (0.005% of the ascertained weight of the clean fibers present in the imported woci or bair and an additional alloyance of six-tenths (0.5) of a pound for each pound of ascertained vegetable mater: Provided. That the combined allowance for such estimated commercial cleaning loss of fibers shall not exceed 15 per centum of the ascertained weight of the clean wocl or hair fibers. Sec. 101. 76 Stat. 72; Sch. 3. pt. 10, hdnote. 6, Tarif Schedules of the United States) § 13.15 Examination for clean yield by nonlaboratory method. (a) Importations of wool or hair dutiable at a rate per clean pound under Schedule 3, Part 1, Subpart C, Tariff Schedules of the United States, including all imported wool or hair withdrawn for consumption after being manipulated under the provisions of section 562, Tariff Act of 1930, as amended, and dutiable at a rate per clean pound under Schedule 3, Part 1C, Tariff Schedules of the United States after such manipulation, when not tested under the pro visions of § 13.14, shall be examined by the appropriate customs officer, who shall estimate and report the percentage clean yield of each lot. (b) The appraiser shall promptly notify the importer of record, the owner, or the transferee, as the case may be, by mail of the percentage clean yield estimated by the appropriate customs officer. If such person is dissatisfied with the estimate and, within the time and under the conditions prescribed in § 13.14 (e), files a request for a new examination of the wool or hair and a reestimation of its percentage clean yield, such request shall be granted, provided the request appears to the appraiser to be made in good faith. The aforementioned importer, owner, or transferee shall be given an opportunity to inspect those of the packages which are in dispute. (c) If the person who requested reestimation of the percentage clean yield is dissatisfied with such reestimation, he may, within 14 calendar days after the date of mailing of the notice of the appraiser's findings upon reexamination, file a written request that a test be made to determine the percentage clean yield of the wool or hair. The appraiser shall then cause a representative quantity of the wool or hair in dispute to be selected and tested by a commercial method approved by the Bureau. The yield, as determined by such commercial test, shall be suitably adjusted to coincide with the definition of clean yield in § 13.11(a). Such test shall be made under the supervision and direction of the appraiser at an establishment approved by him, and the expense thereof, including the actual expense of travel and subsistence of customs officers but not their compensation, shall be paid by the person who requested the test. (d) If the appraiser is not satisfied with the results of any test provided for in § 13.14 (e) or in paragraph (c) of this section, he may, within 14 calendar days after receiving the report of the results of such test, proceed to have another test made upon a suitable sample of the wool or hair at the expense of the Government. When the appraiser is proceeding to have another test made, he shall, within the 14-day period provided for in this paragraph, notify the importer of record, owner, or transferee, as the case may be, by mail of that fact. The appraiser shall base his final report of clean yield upon a consideration of all of the tests and 51-033-66- -24 The appraiser shall cause wool dutiable at a rate per clean pound under Schedule 3, Part 1C, Tariff Schedules of the United States, to be examined for grade. If classification of the wool at the grade or grades determined on the basis of this examination will result in the assessment of duty at a rate higher than the rate provided for wool of the grade or grades stated in the entry, the appraiser shall promptly notify, by mail, the importer of record, the owner, or the transferee, as the case may be. If such importer of record, owner, or transferee is dissatisfied with the appraiser's findings as to the grade or grades of the wool, he may, within 14 calendar days after the date of mailing of the notice of the appraiser's findings, file in duplicate a written request for another determination of grade or grades, stating the reason for the request. Notice of the appraiser's findings on the basis of the reexamination of the wool shall be mailed to the person who requested the reexamination. 363 (Sec. 101, 76 Stat. 72; Sch. 3, pt. 1C, hdnote. 6, Tariff Schedules of the United States) COTTON § 13.17 Invoices. Invoices of cotton provided for in item 300.10, 300.15, or 300.20, Tariff Schedules of the United States, shall show the following detailed information in addition to other required information: (a) One of the following statements regarding each lot of cotton covered by the invoice: (1) This is harsh or rough cotton under 34 inch in staple length. (2) The staple length of this cotton is under 1% inches. (This statement is not to be used if subparagraph (1) of this paragraph is applicable.) (3) The staple length of this cotton is 1% inches or more and under 1% inches. 7 "The standards for determining grades of wool shall be those which are established from time to time by the Secretary of Agriculture pursuant to law and which are in effect on the date of importation of the wool." (Schedule 3, part 1C, headnote 2, Tariff Schedules of the United States.) |