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CHAPTER I-BUREAU OF CUSTOMS, DEPARTMENT

OF THE TREASURY

Part

1

General provisions.

4 Vessels in foreign and domestic trades.

5

4567

Customs relations with contiguous foreign territory.

6 Air commerce regulations.

7

8

9

10

11

12

13

14

Customs relations with insular possessions and Guantanamo Bay Naval
Station.

Liability for duties; entry of imported merchandise.

Importations by mail.

Articles conditionally free, subject to a reduced rate, etc.

Packing and stamping; marking; trade-marks and trade names; copyrights.
Special classes of merchandise.

Examination, measurement, and testing of certain products.
Appraisement.

Relief from duties on merchandise lost, stolen, destroyed, injured, aban

doned, or short-shipped.

Liquidation of duties.

Protests and reappraisements.

Transportation in bond and merchandise in transit.

Customs warehouses and control of merchandise therein.

Disposition of unclaimed and abandoned merchandise.

15

16

17

18

19

20

21

Cartage and lighterage.

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Part

54

Certain importations temporarily free of duty.

56

Extensions of time pursuant to Proclamation of the President under section 318, Tariff Act of 1930.

NOTE: Other regulations issued by the Department of the Treasury appear in Title 12, Chapter I; Title 21, Chapter II; Title 26, Chapter I; Title 27.

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AUTHORITY: The provisions of this Part 1 issued under 77A Stat. 14, sec. 624, 46 Stat. 759, 79 Stat. 1317; 5 U.S.C. 301, 19 U.S.C. 66, 1202 (Gen. Hdnote 11), 1624; Reorganization Plan 1 of 1965, 3 CFR 1965 Supp., unless otherwise noted.

SOURCE: The provisions of this Part 1 contained in T.D. 66-161, 31 F.R. 10668, Aug. 11, 1966, unless otherwise noted.

§ 1.1 Authority of customs officers.

(a) No action taken by any person pursuant to authority delegated to him by the Secretary of the Treasury

(whether directly or by subdelegation) shall be invalid by reason of the fact that any statute or regulation, including any provision of this chapter, provides or indicates that such action shall be taken by some other person.

(b) Any action performed by a person pursuant to authority delegated to him by the Secretary of the Treasury (whether directly or by subdelegation) shall constitute compliance with any requirement of any statute or regulation which provides or indicates that it shall be the duty of some other person to perform such action.

(c) Any failure to perform any function required by statute or regulation, which failure is attributable to a reorganization of the Customs Service or the consolidation of the functions of two or more persons in one office, shall not

invalidate any action taken by any customs officer.

(d) Unless otherwise indicated, "district director of customs," "collector of customs," "appraiser of merchandise" and variations of those terms, such as "district director," "collector of the district," "collector," "deputy collector,” or "appraiser" as used in this chapter shall mean the district director of customs at a headquarters port (other than the port of New York, N.Y.); the regional commissioner of customs, the deputy and assistant regional commissioners of customs for Customs Region II at the port of New York, N.Y.; and the port director at a port not designated as a headquarters port. Ordinarily each port director will exercise the authority delegated herein only where statute, regulation, or instruction contemplates action at the port over which he has supervision.

(e) Unless otherwise indicated, “customs agent", "customs agent in charge", "supervising customs agent", including any of the foregoing with the prefix "assistant", as used in this chapter, shall mean special agent, special agent in charge, and supervising special agent, or any of the foregoing with the prefix "assistant", respectively.

[T.D. 66-161, 31 F.R. 10668, Aug. 11, 1966, as amended by T.D. 67-8, 31 FR. 16564, Dec. 28, 1966; 31 F.R. 16765, Dec. 31, 1966; T.D. 69-249, 34 F.R. 18855, Nov. 26, 1969] § 1.2

Customs regions, districts and ports.

(a) A customs region is the geographical area under the customs jurisdiction of a regional commissioner of customs. A customs district is the geographical area under the customs jurisdiction of a district director of customs.

(b) The terms "port" and "port of entry," as used in these regulations, refer to any place designated by Executive

order of the President,' by order of the Secretary of the Treasury,' or by act of Congress, at which a customs officer is

1 "The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead: Provided, That the whole number of customs-collection districts, ports of entry, or either of them, shall at no time be made to exceed those established and authorized as on Aug. 1, 1914, except as the same may thereafter be provided by law. (19 U.S.C. 2.)

"

By virtue of the authority vested in him by sec. 1 of the act of Aug. 8, 1950 (64 Stat. 419), the President, by Executive Order 10289, dated Sept. 17, 1951 (16 F.R. 9499). delegated to the Secretary of the Treasury the authority theretofore vested in the President by sec. 1 of the act of Aug. 1, 1914, as amended (19 U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the several customs-collection districts, (2) to discontinue ports of entry by abolishing the same and establishing others in their stead, and (3) to change from time to time the location of the headquarters in any customs-collection district as the needs of the service may require.

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assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws.2

(c) The following is a list of customs regions and districts, with a list of the ports in each district.' The first-named port in each district (in capital letters) is the headquarters port. The ports were created by the President's message of March 3, 1913, concerning a reorganization of the Customs Service pursuant to the Act of August 24, 1912 (37 Stat. 434; 19 U.S.C. 1). That organization has been changed by subsequent orders of the President and the Secretary of the Treasury. Orders affecting existing ports are cited in parentheses following the name of the port effected.

"The customs district of the Virgin Islands although under the jurisdiction of the Secretary of the Treasury, has its own customs laws. (See 48 U.S.C. 14061.) This district, therefore, is outside the customs territory of the United States and the ports thereof are not "ports of entry" within the meaning of these regulations.

'The customs region of New York City, N.Y., and the customs district of New York City, N.Y., are coextensive.

Districts

Area

The States of Maine and New Hampshire except the county of Coos.

Ports of entry

PORTLAND, MAINE (including territory described in E.O. 9297, Feb. 1, 1943; 8 F.R. 1479). Bangor, Maine (including Brewer, Maine) (E.Ó. 9297, Feb. 1, 1943; 8 F.R. 1479).

Bar Harbor, Maine (including Mount Desert Island, the city of Ellsworth, and the townships of Hancock, Sullivan, Sorrento, Gouldsboro, and Winter Harbor) (E.O. 4572, Jan. 27, 1927).

Bath, Maine (including Booth Bay and Wiscasset) (E.O. 4356, Dec. 15, 1925).

Belfast, Maine (including Searsport) (E.O. 6754, June 28, 1934).

Bridgewater, Maine (E.O. 8079, Apr. 4, 1939; 4 F.R. 1475).

Calais, Maine (including townships of Calais, Robbinston, and Baring) (E.O. 6284, Sept. 13, 1933).

Eastport, Maine (including Lubec and Cutler) (E.O. 4296, Aug. 26, 1925).

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Boston, Mass.

Ports of entry

ST. ALBANS, VT. (including townships of St. Albans and Swanton) (E.O. 3925, Nov. 13, 1923) (E.O. 7632, June 15, 1937; 2 F.R. 1042). Alburg, Vt.

Beecher Falls, Vt.

Burlington, Vt. (including the town of South Burlington) (T.D. 54677).

Derby Line, Vt.

Highgate Springs, Vt. (including township of Highgate) (E.O. 7632, June 15, 1937: 2 F.R. 1042).

Island Pond, Vt.

Newport, Vt.

North Troy, Vt.

Richford, Vt.

The State of Massachusetts.. BOSTON (including territory and waters

adjacent thereto described in T.D. 56493).

Fall River (including territory described in
T.D. 54476).

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Providence, The State of Rhode Island.. PROVIDENCE (including the territory de

R.I.

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scribed in T.D. 67-3). Newport.

The State of Connecticut... BRIDGEPORT (including territory describ

The counties of Clinton, Essex, Franklin, St. Lawrence, Jefferson, and

Lewis in the State of New
York.

The counties of Oswego, Oneida, Onondaga, Cayuga, Seneca, Wayne, Broome, Tompkins, Chenango, Madison, Cortland, Hamilton, Schuyler, Chemung, Herkimer, Monroe, Ontario, Livingston, Yates, Steuben, Orleans, Genesee, Wyoming, Allegany, Erie, Niagara, Cattaraugus, Chautauqua, and Tioga in the State of New York.

The counties of Sussex,

Passaic, Hudson, Bergen, Essex, Union, Middlesex, and Monmouth in the State of New Jersey and that part of the State of New York not expressly included in the districts of Buffalo and Ogdensburg.

ed in T.D. 68-224)

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Area

The State of Pennsylvania except the county of Erie, the State of Delaware, and that part of the State of New Jersey not included in the district of New York City.

The State of Maryland
(except the counties of
Montgomery and Prince
George's).

Washington, The District of Columbia,
the counties of Mont-
gomery and Prince
George's in the State of
Maryland, the counties of
Loudoun, Fairfax, and
Arlington, and the city
of Alexandria in the
State of Virginia, in-
cluding any independent
cities and towns within
the boundaries of such
counties.

Norfolk, Va.

Wilming ton, N.C.

Charleston, S.C. Savannah, Ga.

The State of Virginia (except the counties of Loudoun, Fairfax, and Arlington, and the city of Alexandria, including any independent cities and towns within the boundaries of such counties) and the State of West Virginia. The State of N.C.

The State of South Carolina

The State of Georgia, except the north shore of the St. Marys River and the city of St. Marys, Ga.

Tampa, Fla. The north shore of the St.

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Ports of entry

PHILADELPHIA, PA. (including Camden and Gloucester City, N.J., and territory described in E.O. 7840, Mar. 15, 1938; 3 F.R. 687; T.D. 53738 and T.D. 54303).

Chester, Pa. (E.O. 7706, Sept. 11, 1937; 2 F.R. 1848).

Pittsburgh, Pa. (including the territory described In T.D. 67-197).

Wilmington, Del. (including territory described in T.D. 54202) (E.O. 4496, Aug. 12, 1926). BALTIMORE, MD. (including territory

described in T.D. 68-123).

Annapolis, Md.

Cambridge, Md. (E.O. 3888, August 13, 1923). Crisfield, Md.

WASHINGTON, D.C. (including the territory described in T.D. 68-67). Alexandria, Va. (T.D. 68-67).

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TAMPA (including territory described in T.D. 68-91).

Boca Grande.

Fernandina Beach (including St. Marys, Ga.) (T.D. 53033).

Jacksonville (including territory described in T.D. 69-45).

Port Canaveral, Fla. (including territory described in T.D. 66-212).

St. Petersburg (E.O. 7928, July 14, 1938; 3 F.R. 1749; including territory described in T.D. 53994).

MIAMI, FLA. (including territory described in T.D. 53514).

Key West (including territory described in T.D. 53994).

Port Everglades (E.O. 5770, Dec. 31, 1931) (including territory described in T.D. 53514) (Mail: Fort Lauderdale, Fla.).

West Palm Beach (E.O. 4324, Oct. 15, 1925) (including territory described in T.D. 53514).

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