Lapas attēli

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alteration of a customs bonded ware- lowing minimum scale of charges with house or the reactivation of such a ware- minimum total charge of $2 for ead house after its temporary suspension. order:

(2) Unless otherwise prescribed by law, a fee of 20 cents shall be collected

First copy Addition for each official certification.

Methods and sizes

of each copies (3) A customs fee shall be collected

page (one

page for furnishing the names and addresses of importers of merchandise appearing

Photocopy negatives and prints Each

Eaci to infringe a registered patent. This in- (including photostat prints), formation will be furnished for a 2- and copies made by any

other mechanical method of month period at the fee of $1,000; &

reproduction, except when 4-month period at the fee of $1,500; or photographic film is used: a 6-month period at the fee of $2,000.

Up to 9 x 12..

$0.50 12 x 18 (two 9 x 12 units).

. 75 (See $ 12.39a of this chapter.)

18 x 24 (four 9 x 12 units).

1. 25 (b) Except for services in connection.

Photographic film negatives

and prints (single weight with fees prescribed by $ 4.98(a) of this

paper): chapter, the following charges shall be Approximately 8 x 102-... 14. 00 made: (1) Whenever files are searched tr ob

1 Including negative. tain records for private parties, whether

(3) In any

where a search of th for copying by them or for examination, Alles is necessary to verify the correct a charge shall be made, based upon the ness of a document which is to be cer actual time and salary of the employee, tified by a customs employee, and fd computed in multiples of 1 minute based which a fee of 20 cents is charged, on an hourly rate computed in accord- separate charge for the time required fo ance with § 19.5 (b) of this chapter, but searching shall be made. This charg no charge shall be made for such service shall be computed as prescribed in sub where the amount, so computed, is less paragraph (1) of this paragraph, bu than 50 cents. Where the amount, so shall not be imposed if the amount computed, is 50 cents or more, but less

less than 50 cents. If the amount, than $1, a minimum charge of $1 shall be computed, is 50 cents or more, but les made. There shall be included in com- than $1, a minimum charge of $1 shal puting the cost of such labor any amount be made. actually payable to the employee for (c) The rates charged for storage performing such service outside his Government-owned or rented building basic 40-hour workweek. However, no shall not be less than the charges mad charge shall be made under this sub- at the port by commercial concerns fa paragraph for any service rendered in the storage and handling of merchandise making an entry and related documents Except as to an examination packag available for examination by authorized covered by an application for an entr, persons prior to liquidation of the entry by appraisement, storage shall or during any period thereafter in which charged on any examination package fa a timely protest may be filed against the any period it remains in the appraiser liquidation or reliquidation of the entry. store after two full working days follow

(2) If any copy of a customs record is ing the day on which the permit to re made by a customs employee for a party

lease or transfer was issued. As to al in interest, such party shall reimburse examination package covered by an ap the Government for the actual cost of plication for an entry by appraisement material, labor, including that used in storage shall be charged for any perio searching for the record, and any re- it remains in the appraiser's store afte quired postage. The charge for labor two full working days following the day shall be computed as prescribed in sub- of issuance to the importer of oral paragraph (1), above, but a minimum written notice of the amount of dutiei total charge of $2 shall be imposed for or taxes required to be deposited or thai each order. For copying by mechanical the package is ready for delivery. If the methods the charge shall be based on the collector finds that circumstances make prevailing rates established by private it impractical to remove examination concerns in the locality, provided that packages from the appraiser's store with such charge shall not be less than an in the 2-day period, he may extend the amount computed according to the fol- period for not to exceed three additional

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working days, without storage charges. In computing the 2 working days, and any authorized extension, (1) the day on which the permit to release or transfer is issued, or the day on which the notice is issued of the amount of duties or taxes that shall be deposited or that the package is ready for delivery, whichever is applicable, (2) Saturdays, (3) Sundays, and (4) National holidays, shall be excluded. (Sec. 501, 65 Stat. 290, R.S. 2654, as amended, sec. 524, 46 Stat. 741, as amended; 5 U.S.C. 140, 19 U.S.C. 58, 1524, 46 U.S.C. 333, 927) [28 F.R. 14808, Dec. 31, 1963, as amended by T.D. 56107, 29 F.R. 2336, Feb. 11, 1964; T.D. 56137, 29 F.R. 4720, Apr. 2, 1964; T.D. 56251, 29 F.R. 12627, Sept. 5, 1964; 29 F.R. 12768, Sept. 10, 1964; T.D. 56393, 30 F.R. 5580, Apr. 20, 1965; T.D. 56398, 30 F.R. 5900, Apr. 28, 1965; T.D. 66–36, 31 F.R. 2778, Feb. 16, 1966; T.D. 69–266, 34 F.R. 20424, Dec. 31, 1969] $ 24.13 Car, compartment, and package

seals; kind, procurement. (a) Customs seals manufactured and supplied by approved manufacturers pursuant to $ 24.13a of this chapter shall be used in sealing openings, packages, conveyances, or articles requiring the security provided by such sealing.

(b) In-bond seals used for sealing imported merc dise shipped between ports in the United States shall be colored red and stamped “U.S. Customs in Bond.” except that (1) bright green seals shall be used to seal carload or truckload shipments of merchandise and (2) uncolored seals shall be used to seal containers of commercial travelers' samples moving in-transit between Canadian ports through the United States in bond as provided for by $ 5.11 (b) and (c) of this chapter. Such green seals used on railroad cars shall be stamped

samples moving in transit between United States ports via Canada shall be colored yellow. Such yellow seals used on railroad cars shall be stamped U.S. Customs

those used on trucks Can. Transit

U.S. Customs, stamped

H. W.

Can. Transit and those used on containers of commercial travelers' samples stamped "United States-Canada Customs.” Seals used for sealing merchandise for customs purposes other than for (1) shipping in bond, (2) shipping by other than a bonded common carrier in accordance with section 553, Tariff Act of 1930, as amended, or (3) shipping in transit shall be uncolored and stamped “U.S. Customs." All seals (except green in-transit seals for use on trucks and uncolored intransit seals on containers of commercial travelers' samples) shall be stamped with the name of the port for which they are ordered. Each strap seal shall be stamped with a serial number. Each automatic metal seal shall be stamped with a symbol number and, when required, with a serial number.

(c) Carriers of merchandise or their commercial associations or comparable representatives approved by the district director of customs (see paragraph (f) of this section) shall purchase quantity supplies of in-bond and intransit seals from approved manufacturers of seals (see $ 24.13a of this chapter). The order shall be prepared by the purchaser and shall be confined to seals for use at one port, and shall specify the kind and quantity of seals desired, the name of the port at which they are to be used, and the name and address of the consignee to whom they are to be shipped. Carriers may purchase small emergency supplies of in-bond and intransit seals from collectors of customs, who will keep a supply of such seals for this purpose. An order for green or uncolored in-transit seals shall be submitted to the office of the Director of Customs-Excise Inspection, Ottawa, Canada, for approval and forward. ing to the manufacturer. An order for green strap in-bond seals for use on railroad cars must stipulate that the seals are to be consigned to the collector of customs and excise in Canada at the port indicated on the seals for entry purposes and storage under customs lock and key.

(d) The manufacturer shall ship the seals to the consignee named in the order and shall advise the collector of customs for the customs district to which



those used on trucks stamped H.W.


U.S. TRANSIT and the uncolored seals used on containers of commercial travelers' samples stamped CANADA-UNITED STATES CUSTOMS. In-transit seals used for sealing merchandise shipped from one port in the United States through foreign territory or waters to another port in the United States shall be colored blue and stamped “U.S. Customs In-Transit,” except that in-transit seals used on carload or truckload shipments of merchandise or on containers of commercial travelers'

the seals are shipped as to the kind and application is not approved, he shall bi quantity of seals shipped, the name of advised of the reasons for disapproval the port and the serial numbers or sym- Approval shall be subject to the mainte bol number stamped thereon, the name nance of the quality of the approved sea and address of the consignee, and the and conformance with all applicable cus date of shipment.

toms regulations and requirements. Thi (e) [Reserved]

names and addresses of manufacturer (f) In-bond seals may be purchased whose seals have been approved for cus only by a customs bonded carrier, by a toms use may be obtained from distric nonbonded carrier permitted to trans- directors of customs. port articles in accordance with section (T.D. 68–136, 33 F.R. 7626, May 23, 1968] 553 of the tariff act, as amended, or in the case of red in-bond seals, by the car

$ 24.14 Salable customs forms. rier's commercial association or com- (a) Customs forms for sale to thi parable representative approved by the general public shall be designated by th collector. In-transit seals may be pur- Commissioner of Customs. Custom chased by a bonded or other carrier of forms which are designated as salabl merchandise or, in the case of blue in- shall meet the following conditions: (1) transit seals, by the carrier's commercial The form is distributed to private par: association or comparable representa- ties for use in completing customs trans tive approved by the collector. Except actions; (2) the quantity used nation for uncolored in-transit seals, uncolored wide annually is sufficient to justify the customs seals may not be purchased by administrative costs involved in selling private interests and shall be furnished the form and accounting for the collec by collectors of customs for authorized

tions involved therein, or the form i use without charge. In-bond and in

primarily for the use of a special group transit seals sold by collectors of customs (3) distribution is or can generally be shall be charged for at the rate of 10 made in lots of 100 or more; (4) the form cents per seal.

is normally distributed to commercial [28 F.R. 14808, Dec. 31, 1963, as amended by concerns (customhouse brokers, freight T.D. 67–281, 32 F.R. 17619, Dec. 9, 1967; T.D. forwarders, vessel agents, carriers, regu. 68–136, 33 F.R. 7626, May 23, 1968]

lar commercial importers, etc.) rather § 24.13a Car, compartment, and pack

than to or for the use of individuals or age seals; approval of manufactur- others (tourists, churches, schools, occa.

sional importers, etc.) for noncommer

cial purposes. (a) A manufacturer of seals who

(b) The price of each salable customs wishes to have his seals approved for use form shall be established by the Comin sealing openings, packages, convey- missioner of Customs and shall be adances, or articles required by the customs justed periodically as the varying costs laws and regulations to be sealed shall of printing and distribution require. A file an application for approval with the list of salable customs forms showing the Bureau of Customs, Washington, D.C. price at which each is sold shall be promi20226. The application, which may be in nently posted in each customhouse in a the form of a letter, shall state the name location accessible to the general public. and address of the applicant and describe (c) Customs forms for sale to the genthe seal or seals for which approval is eral public, except unusually large or requested. The applicant shall agree to otherwise unsuitable forms, shall normaintain and make available for customs mally be prepared in units containing inspection all records relating to the pur- 100 copies. If a completely prepared bill chase, sale, or distribution of such seals

or receipt is presented by the purchaser and to be bound by all customs regula- at the time of the purchase, the collections applicable to the manufacture, sale, tor's paid stamp shall be impressed theredistribution, and control of customs seals.

on; otherwise, no receipt shall be given. All such records shall be retained for a

(Sec. 1, 37 Stat. 434; 19 U.S.C. 1) period of 3 years. Samples of the seals for which approval is sought shall be sub

§ 24.16 Overtime services; overtime mitted with the application.

compensation; rate of compensation. (b) The applicant shall be advised of (a) General. Customs services for the action on his application. If the which overtime compensation is provided


by section 5 of the Act of February 13, 1, as amended (19 U. S. C. 267),' or tion 451, Tariff Act of 1930, as ended," shall be furnished only upon zpliance with the requirements of

those statutes for applying for such services and giving security for the reimbursement of the overtime compensation, unless the compensation is nonreimbursable under the said section 451. Reimbursements of overtime compensation shall be collected by the collectors from the applicants for the services. Customs employees shall not receive overtime compensation for services performed on regular tours of duty at night, but no regular tour oi duty shall embrace any part of a Sunday or holiday if the services performed are such that extra compensation would be payable if performed

The Secretary of the Treasury shall fix asonable rate of extra compensation for time services of inspectors, storekeepers, ghers, and other customs officers and emFees who may be required to remain on y between the hours of five o'clock post-idian and eight o'clock antemeridian, or Sundays or holidays, to perform services connection with the lading or unlading cargo, or the lading of cargo or merchane for transportation in bond or for extation in bond or for exportation with efit of drawback, or in connection with receiving or delivery of cargo on or from

wharf, or in connection with the uning, receiving, or examination of pasgers' baggage, such rates to be fixed on

basis of one-half day's additional pay each two hours or fraction thereof of at st one hour that the overtime extends cond five o'clock postmeridian (but not to ceed two and one-half days' pay for the

period from five o'clock postmeridian to ht o'clock antemeridian), and two addimal days' pay for Sunday or holiday duty. e said extra compensation shall be paid by

master, owner, agent, or consignee of ch vessel or other conveyance whenever h special license or permit for immediate ing or unlading or for lading or unlading night or on Sundays or holidays shall be nted to the collector of customs, who shall ✓ the same to the several customs officers d employees entitled thereto according to

rates fixed therefor by the Secretary of • Treasury. Such extra compensation shall paid if such officers or employees have been lered to report for duty and have so rerted, whether the actual lading, unlading, 'eiving, delivery, or examination takes ce or not. In those ports where customary rking hours are other than those hereinove mentioned, ühe collector of customs rested with authority to regulate the hours customs employees so as to agree with preling working hours in said ports, but thing contained in this section shall be astrued in any manner to affect or alter the gth of a working day for customs emyees or the overtime pay herein fixed."

U. S. C. 267) “Before any such special license to unle shall be granted, the master, owner, or ent of such vessel or vehicle, or the person charge of such vehicle, shall be required deposit suficient money to pay, or to give bond in an amount to be fixed by the cretary conditioned to pay, the compensain and expenses of the customs officers and ployees assigned to duty in connection th such unlading at night or on Sunday a holiday, in accordance with the proviins of section 5 of the Act of February 13,

1911, as amended (U. S. C., 1952 edition, title 19, sec. 267). In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may execute a bond in an amount to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to exceed one year. Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime services of customs officers or employees at night or on a Sunday or holiday, the collector shall assign suficient customs officers or employees if available to perform any such services which may lawfully be performed by them during regular hours of business, but only if the person requesting such services deposits sufficient money to pay, or gives a bond in an amount to be fixed by the collector, conditioned to pay the compensation and expenses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the same basis and payable in the same manner and upon the same terms and conditions as in the case of customs officers and employees assigned to duty in connection with lading or unlading at night or on Sunday or a holiday. Nothing in this section shall be construed to impair the existing authority of the Treas. ury Department to assign customs oficers or employees to regular tours of duty at nights or on Sundays or holidays when such assignments are in the public interest: Provided, That the provisions of this section, sections 450 and 452 of this Act, and the provisions of section 5 of the Act of February 13, 1911, as amended (U. 8. C., title 19, sec. 267), insofar as such section 5 requires payment of compensation by the master, owner, agent, or consignee of a vessel or conveyance, shall not apply to the owner, operator, or agent of a highway vehicle, bridge, tunnel, or ferry, between the United States and Canada or between the United States and Mexico, nor to the lading or unlading of merchandise, baggage, or persons arriving in or departing from the United States by motor vehicle, trolley at the request of a private interest. Reimbursable overtime services shall not be furnished to an applicant who fails to cooperate with the Customs Service by filing a seasonable application therefor during regular hours of business when the need for the services can reasonably be foreseen, nor in any case until the maximum probable reimbursement is adequately secured.

(b) Night, Sunday, and holiday defined. For the purposes of this section the word "night” shall mean the time between 5 p. m. of any day and 8 a. m. of the following day, or between the corresponding hours at ports or stations where regular hours for the transaction of the general class of customs business involved other than those from 8 a. m. to 5 p. m. have been established to agree with local prevailing working hours, but shall not include any such time within the 24 hours of a Sunday or holiday.

The night hours at the end of the regular workday immediately preceding a Sunday or holiday and the night hours at the beginning of the next regular workday shall be considered for the purposes of this section as parts of a single night. For such purpose the term “holiday” shall include only days on which customs employees generally are not required to work and which are usually observed as national holidays. The time accounted for as overtime shall be computed on the basis of the regular hours for the performance of the particular work of the assignment, even though such hours differ from the regular working hours of the employee assigned," but no extra compensation shall be paid pursuant to this section for any services performed by an employee at his regular post or elsewhere during a regular tour of duty of such employee.

(c) Application and bond. (1) Except as provided for in subparagraph (2) of this paragraph, an application for services of customs employees at night or on a Sunday or holiday, customs Form 3171, supported by the required cash deposit or bond, shall be filed in the office of the district director of customs before the assignment of such employees for reimbursable overtime services. The cash deposit to secure reimbursement shall be fixed by the district director of customs or his authorized representative in an amount suficient to pay the maximum probable compensation and expenses of the customs employees in connection with the particular services requested. The bond to secure reimbursement shall be on customs Form 7597 or 7599 and in an amount to be fixed by the district director of customs, unless another bond containing a provision to secure reimbursement is on file.

(2) Prior to the expected arrival of & pleasure vessel or private aircraft the

car, on foot, or by other means of highway travel upon, over, or through any highway, bridge, tunnel, or ferry. At ports of entry and customs stations where any merchan. dise, baggage, or persons shall arrive in or depart from the United States by motor vehicle, trolley car, on foot, or by other means of highway travel upon, ovar, or through any highway, bridge, tunnel, or ferry, between the United States and Canada or between the United States and Mexico, the collector, under such regulations as the Secretary of the Treasury may prescribe, shall assign customs oficers and employees to duty at such times during the twenty-four hours of each day, including Sundays and holidays, as the Secretary of the Treasury in his discretion may determine to be necessary to facilitate the inspection and passage of such merchandise, baggage, or persons. Oficers and employees assigned to such duty at night or on Sunday or a holiday shall be paid compensation in accordance with existing law as interpreted by the United States Supreme Court in the case of the United States v. Howard C. Myers (320 U. S. 561); but all compensation payable to such customs officers and employees shall be paid by the United States without requiring any license, bond, obligation, financial undertaking, or payment in connection therewith on the part of any owner, operator, or agent of any such highway vehicle, bridge, tunnel, or ferry, or other person.

As used in this section, the term 'ferry'shall mean a passenger service operated with the use of vessels which arrive in the United States on regular schedules at intervals of at least once each hour during any period in which customs service is to be furnished without reimbursement as above provided.” (Tariff Act of 1930, sec. 451, as amended; 19 U. 8. C. 1451)

"The days usually observed as national holidays are: January 1, February 22, May 30, July 4, the first Monday in September, November 11, Thanksgiving Day, and December 25.

8. For example: At a port where the regular hours of business have been fixed at 8 a. m. to 4 p. m. for the inside force and 7 a. m. to 4 p. m. for the outside force, a clerk whose regular working hours are 8 a. m. to 4 p. m. 18 not entitled to reimbursable extra com. pensation if assigned to inspectional work from 7 a. m. to 8 a. m. on a week day, since he works within the regular hours for the service to which he is assigned.

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