the seals are shipped as to the kind and quantity of seals shipped, the name of the port and the serial numbers or symbol number stamped thereon, the name and address of the consignee, and the date of shipment.

(e) [Reserved]

(f) In-bond seals may be purchased only by a customs bonded carrier, by a nonbonded carrier permitted to transport articles in accordance with section 553 of the tariff act, as amended, or in the case of red in-bond seals, by the carrier's commercial association or comparable representative approved by the collector. In-transit seals may be purchased by a bonded or other carrier of merchandise or, in the case of blue intransit seals, by the carrier's commercial association or comparable representative approved by the collector. Except for uncolored in-transit seals, uncolored customs seals may not be purchased by private interests and shall be furnished by collectors of customs for authorized use without charge. In-bond and intransit seals sold by collectors of customs shall be charged for at the rate of 10 cents per seal.

[28 F.R. 14808, Dec. 31, 1963, as amended by T.D. 67-281, 32 F.R. 17619, Dec. 9, 1967; T.D. 68-136, 33 F.R. 7626, May 23, 1968]

§ 24.13a Car, compartment, and package seals; approval of manufactur

ers.

(a) A manufacturer of seals who wishes to have his seals approved for use in sealing openings, packages, conveyances, or articles required by the customs laws and regulations to be sealed shall file an application for approval with the Bureau of Customs, Washington, D.C. 20226. The application, which may be in the form of a letter, shall state the name and address of the applicant and describe the seal or seals for which approval is requested. The applicant shall agree to maintain and make available for customs inspection all records relating to the purchase, sale, or distribution of such seals and to be bound by all customs regulations applicable to the manufacture, sale, distribution, and control of customs seals. All such records shall be retained for a period of 3 years. Samples of the seals for which approval is sought shall be submitted with the application.

(b) The applicant shall be advised of the action on his application. If the

application is not approved, he shall b advised of the reasons for disapproval Approval shall be subject to the mainte nance of the quality of the approved sea and conformance with all applicable cus toms regulations and requirements. Than names and addresses of manufacturer whose seals have been approved for cus toms use may be obtained from distric directors of customs.

[T.D. 68–136, 33 F.R. 7626, May 23, 1968] § 24.14 Salable customs forms.

(a) Customs forms for sale to the general public shall be designated by th Commissioner of Customs. Custom forms which are designated as salabl shall meet the following conditions: (1) The form is distributed to private para ties for use in completing customs trans actions; (2) the quantity used nation wide annually is sufficient to justify the administrative costs involved in selling the form and accounting for the collec tions involved therein, or the form primarily for the use of a special group (3) distribution is or can generally bex made in lots of 100 or more; (4) the form is normally distributed to commercial concerns (customhouse brokers, freight forwarders, vessel agents, carriers, regu lar commercial importers, etc.) rather than to or for the use of individuals of others (tourists, churches, schools, occa sional importers, etc.) for noncommer cial purposes.

(b) The price of each salable customs form shall be established by the Commissioner of Customs and shall be adjusted periodically as the varying costs of printing and distribution require. list of salable customs forms showing the price at which each is sold shall be promi nently posted in each customhouse in a location accessible to the general public

(c) Customs forms for sale to the general public, except unusually large or otherwise unsuitable forms, shall normally be prepared in units containing 100 copies. If a completely prepared bill or receipt is presented by the purchaser at the time of the purchase, the collector's paid stamp shall be impressed thereon; otherwise, no receipt shall be given. (Sec. 1, 37 Stat. 434; 19 U.S.C. 1)

§ 24.16 Overtime services; overtime compensation; rate of compensation. (a) General. Customs services for 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 npliance with the requirements of

“The Secretary of the Treasury shall fix easonable rate of extra compensation for rtime services of inspectors, storekeepers, ghers, and other customs officers and emyees who may be required to remain on y between the hours of five o'clock postridian 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 ex-tation in bond or for exportation with efit of drawback, or in connection with receiving or delivery of cargo on or from I 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 Fond five o'clock postmeridian (but not to ceed two and one-half days' pay for the I period from five o'clock postmeridian to ht o'clock antemeridian), and two addinal 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 ch 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 y 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 ered to report for duty and have so re-ted, whether the actual lading, unlading, eiving, delivery, or examination takes ce or not. In those ports where customary king hours are other than those hereinove mentioned, the collector of customs Fested with authority to regulate the hours customs employees so as to agree with preing working hours in said ports, but ching contained in this section shall be strued 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 une shall be granted, the master, owner, or ent of such vessel or vehicle, or the person charge of such vehicle, shall be required deposit sufficient money to pay, or to give bond in an amount to be fixed by the retary conditioned to pay, the compensah and expenses of the customs officers and ployees assigned to duty in connection ch such unlading at night or on Sunday a holiday, in accordance with the provins of section 5 of the Act of February 13,

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 of duty shall embrace any part of a Sunday or holiday if the services performed are such that extra compensation would be payable if performed

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 sufficient 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 Treasury Department to assign customs officers 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. S. 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.

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 merchandise, 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, over, 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 officers 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. Officers 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. S. C. 1451)

The night hours at the end of the regular workday immediately preceding 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 sufficient 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 a pleasure vessel or private aircraft the

'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.

Sa 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. is not entitled to reimbursable extra compensation 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.

rict director of customs may desige a customs employee to proceed to place of expected arrival to receive application for night, Sunday, or holiservices in connection with the arl of such vessel or aircraft, together the required cash deposit or bond. each such case the assignment to pern services shall be conditional upon receipt of the appropriate application - security. Where the security is a h deposit, the receipt may be properly cribed to make it serve as a combined eipt for cash deposit in lieu of bond I request for overtime services, in lieu ling a request for overtime services customs Form 3171.

REQUEST FOR OVERTIME SERVICES

nit Number

hereby request overtime services on

19--, at

a.m.,

p.m., in connection a the entry of my aircraft (vessel).

(Pilot, Owner, or Person in Charge) 3) An application on customs Form 1 for overtime services of customs emyees, when supported by the required h deposit or bond on customs Form 9, may be granted for a period not ger than for 1 year nor longer than period of the supporting bond. In h a case, the application must show exact times when the overtime serv; will be needed, unless arrangements made so that the proper customs ofr will be seasonably notified during cial hours in advance of the services uested as to the exact times that the vices will be needed.

d) Assignment. Customs employees y be ordered to report for any overe duty sufficiently in advance of the e specified by the applicant to avoid necessary delay, but in no case more n 1 hour in advance of the time so cified unless the specified time is subt to change without reasonable notice in the case of some aircraft arrivals. 10 time can be specified for the serv; to begin, the employees required and ilable shall be assigned to the overe duty as soon as practicable. Cusis employees shall not be deemed ilable to perform reimbursable overe services at night unless the total e of service, including waiting time, I be at least one hour, but nothing in s section shall prohibit the collector

or other administrative officer from requiring an employee to perform, before he leaves his duty status and without extra compensation under the act of February 13, 1911, as amended, any work which is pending at the beginning of the night and can be completed in less than 1 hour. No customs employee shall be assigned on a weekday, or for more than an aggregate of 8 hours on a Sunday or holiday, to any overtime service for which nonreimbursable extra compensation is payable, except under special authorization from the Commissioner of Customs.

(e) Nonperformance of requested services. If services which have been requested and for which employees have reported are not performed by reason of circumstances beyond the control of the employees concerned, extra compensation shall be paid and collected on the same basis as though the services had actually been performed during the period between the time the employees were ordered to report for duty and did so report and the time they were notifiled that their services would not be required, and in any case as though actual performance had continued for at least 1 hour.

(f) Broken periods. When overtime services at night or on a Sunday or holiday are rendered in broken periods and less than 2 hours intervene between such broken periods, the intervening waiting time, including any time required for travel between posts of overtime duty but not including any periods for meals or other time not spent at the post of duty, shall be included in the computation of overtime compensation as though the services had been continuous. If 2 hours or more intervene between periods during which services are actually performed, the collector shall determine according to the circumstances of the case whether the service shall be treated as continuous with compensable waiting time or as two or more distinct assignments with compensation to be computed separately for each assignment in accordance with the provisions of paragraph (g) of this section. In no case shall any employee be entitled to receive more than 22 days' pay by reason of the fact that he is given two or more assignments during one night.

(g) Rate for night service. The reasonable rate of extra compensation for

authorized overtime services performed by customs employees at night on any weekday is hereby fixed at one-half of the gross daily rate of regular pay of the employee who performs the service for each 2 hours of compensable time, any fraction of 2 hours amounting to at least 1 hour to be counted as 2 hours. The compensable time shall be the period between the beginning of the night and the conclusion of the services if the employee is assigned and reports for duty before the expiration of the first 4 hours of the night; the period between the time the employee is assigned and reports for duty and the conclusion of the services, plus 4 hours, if the time of assignment is after the expiration of the first 4 and before the beginning of the last 2 hours of the night; or 2 hours if the employee is assigned and reports for duty 2 hours or less before the end of the night. However, if an employee performs Sunday or holiday services which are in continuation of an assignment to overtime services begun during the last 2 night hours at the end of the regular workday preceding such Sunday or holiday, the compensable time for the overtime services preceding the Sunday or holiday shall be 2 hours; or if an employee performs overtime services during the night hours at the beginning of the next regular workday following a Sunday or holiday which overtime services are in continuation of an assignment begun on the Sunday or holiday immediately preceding such regular workday, the compensable time for the overtime services following such Sunday or holiday shall be the period between midnight of such Sunday or holiday and the conclusion of the overtime services. The compensable time for overtime service performed by a customs employee assigned to a regular tour of duty covering any part of a night shall be computed in accordance with this night rate as though the beginning of the regular tour of duty of such employee marked the end of a night period and the close of such tour marked the beginning of another night period, but extra compensation is not payable in accordance with this section for overtime services performed by any customs employee on a regular workday during other than the night hours of the port or station. The total extra compensation paid pursuant to this section to a customs employee for overtime services performed during one

night shall not exceed 21⁄2 times the gross daily rate of his regular pay.

(h) Rate for Sunday or holiday service. The reasonable rate of extra compensation for Sunday or holiday services is hereby fixed at twice the gross daily rate of regular pay of the employee who performs the service for any and all serv ices totaling an aggregate of not more than 8 hours during the 24 hours from midnight to midnight of the Sunday or holiday, including actual waiting time and time required for travel between posts of duty but not including any pe riods for meals or other time not spent at the post of duty. This rate shall ap ply regardless of the length of time served within the aggregate of 8 hours. whether it is served continuously or in broken periods, and whether it is served for one or more applicants. Services in excess of an aggregate of 8 hours performed during the 24 hours of a Sunday or holiday shall be compensated on the same basis as overtime services performed at night on a weekday, the time between the completion of the aggregate of 8 hours and midnight being consid ered as the hours of a night.

(1) Part-time employees. The extra compensation for overtime services performed by a permanent part-time employee at night or on a Sunday or holiday shall be computed on the basis of the gross daily rate of regular pay the parttime employee would receive for full-time service in the position held by him. Customs employees who are paid on a perdiem-when-employed basis shall be paid the overtime rate but not the per-diem rate when assigned to perform overtime services on a Sunday or holiday.

(j) Proration of charges-(1) General. If services are performed for two or more applicants during one continuous tour of overtime duty, the charge for the extra compensation earned shall be prorated equitably according to the time attributed to the services performed for each applicant. For the purpose of this paragraph the Government shall be considered the applicant for nonreimbursable overtime services.

(2) Aircraft. When any services performed by customs employees for two or more applicants during the 24-hour period of a Sunday or holiday or during the night hours of 5 p.m. of any day to 8 a.m. of the following day cannot be readily attributed on a time basis to specific aircraft in the judgment of