sions of paragraph (e) of this section, or if a second test is found desirable by the appraiser or the chief chemist. (d) The clean content of all general samples taken in accordance with this section shall be determined by test in a customs laboratory, unless it is found that it is not feasible to test such a sample and obtain a proper finding of percentage clean content. A report of the percentage clean content of each general sample as established by the test or a statement of the reason for not testing a general sample shall be forwarded to the appraiser. If the report is not received by the appraiser within 1 month after the date of entry, the clean content of the wool or hair shall be estimated as provided for in § 13.15 except that in the case of wool or hair received under an entry for immediate transportation, an estimate of clean content, as provided for in § 13.15 shall be made if the laboratory report of clean content is not received by the appraiser within 1 month from the date on which the last of the merchandise is received. However, the appraiser may withhold his finding of clean content until the laboratory report is received and predicate his finding on that report if so requested in writing by the importer of record, the owner, or the transferee, as the case may be. An estimate of clean content shall be made pursuant to the provisions of this paragraph only when an adequate quantity of the wool or hair is available for examination. (e) 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 content found by him. If such person is dissatisfied with the appraiser's finding, he may file with the appraiser a written request in duplicate for another laboratory test for percentage clean content. Such request shall be filed within 14 calendar days after the date of mailing of the notice of the appraiser's finding of clean content and shall be supported by a certificate in duplicate on customs Form 6449 when such a certificate has not been filed previously. 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) of this section is available for testing, or if all packages, or, 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 reweighed, resampled, and tested in accordance with the provisions of this section. All costs and expenses of such operations, exclusive of the compensation of customs officers, shall be borne by the person who requested the further test. Such person may be present during such resampling and testing. If he is dissatisfied with the results of the second laboratory test, or if a second laboratory test is not feasible, the wool or hair may be retested subject to the conditions and in the manner provided for in § 13.15 (c). (f) Except as provided in paragraph (g) of this section, in the determination of the clean content of any general sample taken in accordance with this section, an allowance in weight shall be made for wool or hair fibers which it is estimated will be lost ordinarily during commercial cleaning operations. For each general sample the scoured yield of the imported wool or hair and the quantity of vegetable matter present in the general sample shall be ascertained. The weight of the vegetable matter shall be subtracted from the weight of the scoured yield, and the difference shall be considered the weight of the clean fibers present in the imported wool or hair. The allowance for the quantity of wool or hair fibers estimated to be lost ordinarily during commercial cleaning operations shall be computed by making a base allowance of five one-thoussandths (0.005) of the ascertained weight of the clean fibers present in the imported wool or hair and an additional allowance of six-tenths (0.6) of a pound for each pound of ascertained vegetable matter: 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 wool or hair fibers. (g) Notwithstanding any other provision of this section, an allowance equal to the actual irrecoverable loss in weight of wool or hair fibers resulting from commercial cleaning processes to which a particular sampling unit of wool or hair is subjected shall be made if the importer at the time of entry, or withdrawal from warehouse, for consumption notifies the collector of his intention to furnish evidence establishing such actual irrecoverable loss and producer such evidence within three years from the date of entry or withdrawal. In such cases (1) absolute segregation of such wool or hair shall be maintained until the importer has been notified by the collector that he has accepted evidence showing such actual irrecoverable loss; (2) such evidence shall not be based on samples or estimates, but shall include manufacturer's records showing in detail the actual irrecoverable losses, if any, in wool or hair fibers resulting from commercial cleaning processes to which the whole of the segregated wool or hair has been subjected; (3) such wool or hair and records relating thereto, which are pertinent in this connection, shall be kept available for such inspection as the collector may from time to time deem appropriate; (4) liquidation of the entry covering such wool or hair shall be suspended pending acceptance by the collector of evidence of actual irrecoverable loss, unless such evidence is not furnished within 3 years from the date of entry or withdrawal; and (5) if such evidence is not furnished within that time, it shall be presumed that no such loss has occurred and in those cases, no allowance for any loss of wool or hair fibers after importation shall be made in the determination of the clean content of the sampling unit, notwithstanding any other provision of this part: Provided, That as to wool or hair which has not been entered for warehouse an importer may abandon his intention to furnish evidence of actual irrecoverable losses by filing written notice of such abandonment with the collector within 60 days after entry. If such notice of abandonment is filed, the provisions of paragraph (f) of this section shall apply as if no notification under this paragraph had been filed. (Pars. 1101-1104, sec. 1, 46 Stat. 646, as amended, 647; 19 U. S. C. 1001, pars. 11011104) [13 F. R. 8030, Dec. 18, 1948, as amended by T. D. 53159, 17 F. R. 11565, Dec. 19, 1952; T. D. 53268, 18 F. R. 3094, May 29, 1953] § 13.15 Examination for clean content by nonlaboratory method. (a) Importations of wool or hair classified under the provisions of paragraph 1101 or 1102, Tariff Act of 1930, as amended, 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 classified under the provisions of paragraph 1101, as amended, or paragraph 1102 after such manipulation, when not tested under the provisions of § 13.14, shall be examined by the appropriate customs officer, who shall estimate and report the percentage clean content 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 content 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 content, 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 content 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 content 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 content 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 content upon a consideration of all of the test and examinations made in connection with the wool or hair concerned. (Pars. 1101-1104, sec. 1, 46 Stat. 646, as amended, 647; 19 U. S. C. 1001, pars. 11011104) § 13.16 Grades of wool, standards, reconsideration of. The appraiser shall cause wool provided for in paragraph 1101 or 1102 of the Tariff Act of 1930, as amended, 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. (Pars. 1101-1104, sec. 1, 46 Stat. 646, as amended, 647; 19 U. S. C. 1001, pars. 11011104) COTTON SOURCE: §§ 13.17 and 13.18 contained in T. D. 53336, 18 F. R. 5420, Sept. 9, 1953. § 13.17 Invoices. Invoices of cotton provided for in paragraph 783 or 1662, Tariff Act of 1930, as amended, 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 3/4 inch in staple length. (2) The staple length of this cotton is under 1% inches. (This statement is "The Official Standards of the United States for grades of wool as established by the Secretary of Agriculture on June 18, 1926, pursuant to law, shall be the standards (Tariff for determining the grade of wools." Act of 1930, par. 1101 (c) (5), as amended, 19 U. S. C. 1001, par. 1101 (c) (5)) 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 111/16 inches. (4) The staple length of this cotton is 116 inches or more. (b) The name of the country of origin and, if practicable, the name of the province or other subdivision of the country of origin in which the cotton was grown. (c) The variety of the cotton, such as Karnak, Gisha, Pima, Tanguis, etc. (Sec. 481, 46 Stat. 719; 19 U. S. C. 1481) § 13.18 Sampling and stapling. (a) For the purposes of this section and § 13.17, "staple length" means the length of the fibers in a particular quantity of cotton designated in terms expressing the measurement by the inch or fraction thereof of a representative portion of the quantity in accordance with the Official Cotton Standards of the United States for length of staple, as established by the Secretary of Agriculture. (b) For determining the staple length of any lot of cotton for any customs purposes, samples of the lot shall be taken in accordance with commercial practice. (c) The appraiser shall have one or more samples of each sampled bale of cotton stapled by a qualified examiner (including any employee of the Department of Agriculture properly designated by the Bureau for the purpose), and shall promptly transmit by mail to the person who would be liable for duties, if any are or might be payable, a notice of the results determined. (d) If the person notified is dissatisfied with the appraiser's determination, he may file with the appraiser, within 14 calendar days after the date of mailing of the notice, a written request in duplicate for a redetermination of the staple length. Each such request shall include a statement of the claimed staple length for the cotton in question and a clear statement of the basis for the claim. The request shall be granted if it appears to the appraiser to be made in good faith. In making the redetermination of staple length, the appraiser may obtain an opinion of a board of cotton examiners of the United States Department of Agriculture, if he deems such action advisable. All expenses oc casioned by any redetermination of staple length, exclusive of the compensation of customs officers, shall be reimbursed to the Government by the person requesting the redetermination. (Par. 783, sec. 1, 46 Stat. 639, as amended; 19 U. S. C. 1001, par. 783) Sec. 14.1 14.2 14.3 14.4 14.5 14.7 14.8 14.15 Part 14-Appraisement Order of appraisement; designation of packages for examination. Examination of merchandise; procedure. Appraisement of merchandise; deter- Furnishing information as to values. PROCEDURE UNDER ANTIDUMPING ACT Findings of dumping by the Secretary. Action by appraiser; appearance of importer; certificates and bond required. Conversion of currencies. 14.16 Release of merchandise of which appraisement is withheld. 14.17 Investigation by Commissioner as to injury to domestic industry. AUTHORITY: §§ 14.1 to 14.17 issued under R. S. 161, 251, sec. 624, 46 Stat. 759; 5 U. S. C. 22, 19 U. S. C. 66, 1624. Statutory provisions interpreted or applied and special rule making authority are cited to text in parentheses. § 14.1 Order of appraisement; designation of packages for examination. (a) The designation of packages or quantities of merchandise for examination shall be deemed an order of appraisement for the purposes of section 488, Tariff Act of 1930.1 (b) Not less than 1 package of every 10 packages of merchandise shall be designated by the collector to be examined for the purpose of appraisement, unless a special regulation permits a less number of packages to be examined. Col lectors of customs are specially authorized to designate for examination a less number of packages than one package of every ten packages, but not less than one package of every invoice, in the case of any merchandise which is (1) imported in packages the contents and values of which are uniform, or (2) imported in packages the contents of which are identical as to character although differing as to quantity and value per package. (c) This section shall not be construed to preclude the examination of packages in addition to the minimum number hereby permitted to be examined if the collector or the appraiser shall deem it necessary that a greater number of packages be examined. (Secs. 488, 499, 46 Stat. 725, 728, as amended; 19 U. S. C. 1488, 1499) [13 F. R. 8034, Dec. 18, 1948, as amended by T. D. 53250, 18 F. R. 2545, May 1, 1953; T. D. 53398, 18 F. R. 8692, Dec. 24, 1953] § 14.2 Examination of merchandise; procedure. (a) The appraiser shall cause to be examined all merchandise designated by the collector and such additional quantities, packages, or parts thereof as he may deem necessary.' acter and description of the merchandise, is of the opinion that the examination of a less proportion of packages will amply protect the revenue and by special regulation or in struction, the application of which may be restricted to one or more individual ports or to one or more importations or one or more classes of merchandise, permit a less number of packages to be examined. All such special regulations or instructions shall be published in the weekly Treasury Decisions within fifteen days after issuance and before the liquidation of any entries affected thereby. The collector or the appraiser may require such additional packages or quantities as either of them may deem necessary. (Tariff Act of 1930, sec. 499, as amended; 19 U. S. C. 1499) " "It shall be the duty of the appraiser under such rules and regulations as the Secretary of the Treasury may prescribe "(1) To appraise the merchandise in the unit of quantity in which the merchandise is usually bought and sold by ascertaining or estimating the value thereof by all reasonable ways and means in his power, any statement of cost or cost of production in any invoice, affidavit, declaration, or other document to the contrary notwithstanding; "(2) To ascertain the number of yards, parcels, or quantities of the merchandise ordered or designated for examination; "(3) To ascertain whether the merchandise has been truly and correctly invoiced; Such merchandise shall be examined at the public stores, except as hereinafter provided for. With the consent of the appraiser, merchandise which cannot conveniently be examined at the public stores may be examined on the wharf, at the importer's premises, or at any other suitable place. Matches and other inflammable, explosive, or dangerous articles shall be examined at the importer's premises or other suitable place, but not at the public stores. (b) When, upon the request of the importer, merchandise is examined elsewhere than at the public stores, or at a place other than a port of entry or a customs station at which a customs officer is permanently located, any additional expense, including actual expenses of travel and subsistence but not the salary of the examining officer, shall be paid by the importer, except that no collection need be made if the total amount chargeable against one importer for one day amounts to 30 cents or less. (c) Before permitting the removal of merchandise for examination elsewhere than at the public stores, wharf, or other place in charge of a customs officer, the collector shall require the importer to execute a bond on customs Form 7551, 7553, or other appropriate form, containing a condition for the return of the merchandise if demand for return is made after its release from customs custody upon the completion of final examination for purposes of appraisement. The bond shall contain added conditions that the importer shall hold the merchandise at the place to which it has been removed "(4) To describe the merchandise in order that the collector may determine the dutiable classification thereof; and "(5) To report his decisions to the collector." (Tariff Act of 1930, sec. 500 (a); 19 U. S. C. 1500 (a)) If any package is found by the appraiser to contain any article not specified in the invoice and he reports to the collector that in his opinion such article was omitted from the invoice with fraudulent intent on the part of the seller, shipper, owner, or agent, the contents of the entire package in which such article is found shall be liable to seizure, but if the appraiser reports that no such fraudulent intent is apparent then the value of said article shall be added to the entry and the duties thereon paid accordingly. If a deficiency is found in quantity, weight, or measure in the examination of any package, report thereof shall be made to the collector, (Tariff Act of 1930, sec. 499, as amended; 19 U. S. C. 1499) for examination until it has been released from customs custody; that, if such merchandise has been corded and sealed, the cords and seals shall be kept intact until removed by customs officers; and that the importer shall transfer the merchandise at any time before such release to such place as the collector may direct. (d) Except as prescribed in paragraph (e) of this section, the packages shall be corded and sealed by a customs officer before being removed from the place of unlading and a caution notice, customs Form 6087, shall be securely affixed thereto. The packages shall be opened only in the presence of a customs officer authorized to examine their contents, and the opening and closing of the packages shall be done by labor furnished by the importer. (e) Upon application by the importer or owner, machinery, altars, shrines, and other articles which must be set up or assembled prior to examination may be examined and appraised at the mill, factory, or other suitable place after being set up or assembled. In such cases the filing of a bond on customs Form 7551, 7553, or other appropriate form and the deposit of the estimated additional expense shall be required. The packages need not be corded and sealed, but the appraiser shall make such preliminary examination as may be necessary to identify the merchandise with the invoice. After the bond has been filed and the preliminary examination has been made, the collector may permit the merchandise to be removed to the place at which it is to be set up or assembled for examination. Within 90 days after such removal, unless an extension has been applied for and granted by the collector or appraiser, the importer shall notify the collector or appraiser that the machinery or other articles have been set up or assembled and are ready for examination, whereupon final examination shall be made and the appraisement completed. (f) When merchandise covered by an immediate transportation entry has been authorized by the collector to be delivered to a place outside a port of entry, as provided for in § 18.11 (c) of this chapter, the provisions of paragraphs (a) to (e), inclusive, of this section shall be complied with to the same extent as would have been required if the merchandise had been delivered to the port of entry designated in the |