§ 81h. Rules and regulations.

The Board shall prescribe such rules and regulations not inconsistent with the provisions of this chapter or the rules and regulations of the Secretary of the Treasury made hereunder and as may be necessary to carry out this chapter. (June 18, 1934, ch. 590, § 8, 48 Stat. 1000.)

§ 811. Cooperation of Board with other agencies.

The Board shall cooperate with the State, subdivision, and municipality in which the zone is located in the exercise of their police, sanitary, and other powers in and in connection with the free zone. It shall also cooperate with the United States Customs Service, the Post Office Department, the Public Health Service, the Immigration and Naturalization Service, and such other Federal agencies as have jurisdiction in ports of entry described in section 81b of this title. (Ex. Ord. No. 6166, § 14, June 10, 1933; June 18, 1934, ch. 590, § 9, 48 Stat. 1000.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Justice, and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out as a note under section 291 of Title 5, Executive Departments and Government Officers and Employees. The Immigration and Naturalization Service, referred to in this section, is a bureau in the Department of Justice.

All functions of all other officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Customs Service is under the Department of the Treasury.

The Bureaus of Immigration and Naturalization were consolidated as an Immigration and Naturalization Service by Ex. Ord. No. 6166, set out in the note to section 132 of Title 5, Executive Departments and Government Offcers and Employees.

§ 81j. Cooperation of other agencies with Board.

For the purpose of facilitating the investigations of the Board and its work in the granting of the privilege, in the establishment, operation, and maintenance of a zone, the President may direct the executive departments and other establishments of the Government to cooperate with the Board, and for such purpose each of the several departments and establishments is authorized, upon direction of the President, to furnish to the Board such records, papers, and information in their possession as may be required by him, and temporarily to detail to the service of the Board such officers, experts, or engineers as may be necessary. (June 18, 1934, ch. 590, § 10, 48 Stat. 1001.)

§ 81k. Agreements as to use of property.

If the title to or right of user of any of the property to be included in a zone is in the United States, an agreement to use such property for zone purposes may be entered into between the grantee and

the department or officer of the United States having control of the same, under such conditions, approved by the Board and such department or officer, as may be agreed upon. (June 18, 1934, ch. 590, § 11, 48 Stat. 1001.)

§ 811. Facilities to be provided and maintained. Each grantee shall provide and maintain in connection with the zone

(a) Adequate slips, docks, wharves, warehouses, loading and unloading and mooring facilities where the zone is adjacent to water; or, in the case of an inland zone, adequate loading, unloading, and warehouse facilities;

(b) Adequate transportation connections with the surrounding territory and with all parts of the United States, so arranged as to permit of proper guarding and inspection for the protection of the revenue;

(c) Adequate facilities for coal or other fuel and for light and power;

(d) Adequate water and sewer mains;

(e) Adequate quarters and facilities for the offcers and employees of the United States, State, and municipality whose duties may require their presence within the zone;

(f) Adequate enclosures to segregate the zone from customs territory for protection of the revenue, together with suitable provisions for ingress and egress of persons, conveyances, vessels, and merchandise;

(g) Such other facilities as may be required by the Board. (June 18, 1934, ch. 590, § 12, 48 Stat. 1001.)

§ 81m. Permission to others to use zone.

The grantee may, with the approval of the Board, and under reasonable and uniform regulations for like conditions and circumstances to be prescribed by it, permit other persons, firms, corporations, or associations to erect such buildings and other structures within the zone as will meet their particular requirements: Provided, That such permission shall not constitute a vested right as against the United States, nor interfere with the regulation of the grantee or the permittee by the United States, nor interfere with or complicate the revocation of the grant by the United States: And provided further, That in the event of the United States or the grantee desiring to acquire the property of the permittee no good will shall be considered as accruing from the privilege granted to the zone: And provided further, That such permits shall not be granted on terms that conflict with the public use of the zone as set forth in this chapter. (June 18, 1934, ch. 590, § 13,

48 Stat. 1001.)

§ 81n. Operation of zone as public utility; cost of customs service.

Each zone shall be operated as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable, and the grantee shall afford to all who may apply for the use of the zone and its facilities and appurtenances uniform treatment under like conditions, subject to such treaties or commercial conventions

as are now in force or may hereafter be made from time to time by the United States with foreign governments and the cost of maintaining the additional customs service required under this chapter shall be paid by the operator of the zone. (June 18, 1934, ch. 590, § 14, 48 Stat. 1001.)

§ 810. Residents; rules as to entering and leaving; exclusion of goods; retail trade.

(a) No person shall be allowed to reside within the zone except Federal, State, or municipal officers or agents whose resident presence is deemed necessary by the Board.

(b) The Board shall prescribe rules and regulations regarding employees and other persons entering and leaving the zone. All rules and regulations concerning the protection of the revenue shall be approved by the Secretary of the Treasury.

(c) The Board may at any time order the exclusion from the zone of any goods or process of treatment that in its judgment is detrimental to the public interest, health, or safety.

(d) No retail trade shall be conducted within the zone except under permits issued by the grantee and approved by the Board. Such permittees shall sell no goods except such domestic or duty-paid or dutyfree goods as are brought into the zone from customs territory. (June 18, 1934, ch. 590, § 15, 48 Stat. 1002.) § 81p. Accounts; reports of grantee; reports of Board. (a) The form and manner of keeping the accounts of each zone shall be prescribed by the Board.

(b) Each grantee shall make to the Board annually, and at such other times as it may prescribe, reports containing a full statement of all the operations, receipts, and expenditures, and such other information as the Board may require.

(c) The Board shall make a report to Congress on the first day of each regular session containing a summary of the operation and fiscal condition of each zone and transmit therewith copies of the annual report of each grantee. (June 18, 1934, ch. 590, § 16, 48 Stat. 1002.)

§ 81q. Transfer of grant.

The grant shall not be sold, conveyed, transferred, set over, or assigned. (June 18, 1934, ch. 590, § 17, 48 Stat. 1002.)

§ 81r. Revocation of grant; grounds; proceedings; appeal to court of appeals.

(a) In the event of repeated willful violations of any of the provisions of this chapter by the grantee, the Board may revoke the grant after four months' notice to the grantee and affording it an opportunity to be heard. The testimony taken before the Board shall be reduced to writing and filed in the records of the Board together with the decision reached thereon.

(b) In the conduct of any proceeding under this section for the revocation of a grant the Board may compel the attendance of witnesses and the giving of testimony and the production of documentary evidence, and for such purpose may invoke the aid of the district courts of the United States.

The

(c) An order under the provisions of this section revoking the grant issued by the Board shall be final and conclusive, unless within ninety days after its service the grantee appeals to the court of appeals for the circuit in which the zone is located by filing with the clerk of said court a written petition praying that the order of the Board be set aside. Such order shall be stayed pending the disposition of appellate proceedings by the court. clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Board and it shall forthwith prepare, certify, and file in the court a full and accurate transcript of the record in the proceedings held before it under this section, the charges, the evidence, and the order revoking the grant. The testimony and evidence taken or submitted before the Board, duly certified and filed as a part of the record, shall be considered by the court as the evidence in the case. (June 18, 1934, ch. 590, § 18, 48 Stat. 1002; June 25, 1948, ch. 646, § 32 (a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "court of appeals" in lieu of "circuit court of appeals".

§ 81s. Offenses.

In case of a violation of this chapter, or any regulation under said sections, by the grantee, any officer, agent or employee thereof responsible for or permitting any such violation shall be subject to a fine of not more than $1,000. Each day during which a violation continues shall constitute a separate offense. (June 18, 1934, ch. 590, § 19, 48 Stat. 1003.)

§ 81t. Separability of provisions.

If any provision of this chapter or the application of such provision to certain circumstances be held invalid, the remainder of said sections and the application of such provisions to circumstances other than those as to which it is held invalid shall not be affected thereby. (June 18, 1934, ch. 590, § 20, 48 Stat. 1003.)

§ 81u. Right to alter, amend, or repeal chapter. The right to alter, amend, or repeal this chapter is reserved. (June 18, 1934, ch. 590, § 21, 48 Stat. 1003.)

Chapter 2.-THE TARIFF COMMISSION §§ 91-107. Omitted.

CODIFICATION

Sections related to the United States Tariff Commission as it existed prior to the act June 17, 1930, ch. 497, 46 Stat. 696.

Section 91, act Sept. 8, 1916, ch. 463, § 700, 39 Stat. 795, is now covered by section 1330 of this title.

Section 92, act Sept. 8, 1916, § 701, 39 Stat. 795, is now covered by section 1331 (a)-(e) of this title.

Section 93, act Sept. 21, 1922, ch. 356, title III, § 318d, 42 Stat. 947, is now covered by section 1331 (f) of this title. Said section 93 was repealed by act June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762.

Section 94, act July 19, 1919, ch. 24, § 1, 41 Stat. 182, providing that the disbursing clerk of the Treasury De

partment should act in a similar capacity for the commission, was a proviso repeated in successive appropriation acts but which has not been repeated in recent years. Section 95, act Sept. 21, 1922, ch. 356, title III, § 318 (e), 42 Stat. 947, is now covered by section 1331 (g) of this title. Said section 95 was repealed by act June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762.

Section 96, act Sept. 8, 1916, ch. 463, § 702, 39 Stat. 796, is now covered by section 1332 (a) of this title.

Section 97, act Sept. 8, 1916, ch. 463, § 703, 39 Stat. 796, is now covered by section 1332 (g) of this title.

Section 98, act Sept. 8, 1916, ch. 463, § 704, 39 Stat. 796, is now covered by section 1332 (b) of this title.

Section 99, act Sept. 8, 1916, ch. 463, § 705, 39 Stat. 796. related to the transfer of certain employees to the commission.

Section 100, act Sept. 8, 1916, ch. 463, § 706, 39 Stat. 797, as amended by act Sept. 21, 1922, ch. 356, title III, § 318 (f), 42 Stat. 947, is now covered by section 1333 (a)-(e) of this title.

Section 101, act Sept. 8, 1916, ch. 463, § 707, 39 Stat. 797, is now covered by section 1334 of this title.

Section 102, act Sept. 21, 1922, ch. 356, title III, § 318 (a), 42 Stat. 946, is now covered by section 1332 (d) of this title. Said section 102 was repealed by act June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762.

Section 103, act Sept. 21, 1922, ch. 356, title III. § 318 (c), 42 Stat. 947, was repealed by act June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762.

Section 104, act Sept. 21, 1922, ch. 356, title III, § 318 (b), 42 Stat. 947, is now covered by section 1332 (e) of this title. Said section 104 was repealed by act June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762.

Section 105, act Sept. 8, 1916, ch. 463, § 708, 39 Stat. 798, is now covered by section 1335 of this section.

Section 106, act Sept. 8, 1916, ch. 463, § 709, 39 Stat. 798, authorized an annual appropriation to defray the expenses of the commission. Since the passage of the Tariff Act of June 17, 1930, ch. 497, 46 Stat. 590, appropriations for the commission have been made in annual Executive Office appropriation bills.

Section 107, act Feb. 20, 1929, ch. 270, § 1, 45 Stat. 1243 (repeated as a proviso in subsequent appropriations for the commission), is now covered by section 6 of Title 41, Public Contracts. Said act February 20, 1929, and the similar provisos in subsequent appropriation acts, were repealed by act Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111. A similar provision was enacted by said act Oct. 10, 1940, as part of the consolidated exceptions to section 5 of said Title 41.

Chapter 3.-THE TARIFF AND RELATED PROVISIONS

OATHS AND BONDS ON ENTRY

Oath and bond of person for whose account merchandise is imported before delivery thereof.

DUTIES OF APPRAISERS

Appraisal and report to collector.

APPEALS AND PROTESTS

Appeals, etc., from determinations of appraisers.

DRAWBACKS

170. Special duties treated as regular duties.

§ 123a. Duties and taxes on foreign vessels coming from Philippines; payment into treasury of Islands.

CODIFICATION

Provisions of this section, act Mar. 8, 1902, ch. 140, § 4, 32 Stat. 54, were incorporated as section 3343 (b) of Title 26, Internal Revenue Code.

§ 124. Products of Cuba; reduction of duties on.

So long as the convention between the United States and the Republic of Cuba, signed on the 11th day of December, in the year 1902, shall remain in force, all articles of merchandise being the product of the soil or industry of the Republic of Cuba, which on December 17, 1903, were imported into the United States free of duty, shall continue to be so admitted free of duty, and all other articles of merchandise being the product of the soil or industry of the Republic of Cuba imported into the United States shall be admitted at a reduction of 20 percentum of the rates of duty thereon, as provided by Act July 24, 1897, ch. 11, 30 Stat. 151, or as may be provided by any tariff law of the United States subsequently enacted. The rates of duty herein granted by the United States to the Republic of Cuba are and shall continue during the term of said convention preferential in respect to all like imports from other countries. Nothing contained in this section shall be held or construed as an admission on the part of the House of Representatives that customs duties can be changed otherwise than by an Act of Congress, originating in said House. (Dec. 17, 1903, ch. 1, § 1, 33 Stat. 3; Oct. 3, 1913, ch. 16, § IV, B, 38 Stat. 192.)

REFERENCES IN TEXT

Act July 24, 1897, ch. 11, 30 Stat. 151, referred to in the text, was the Tariff Act of 1897 and has been largely omitted from the code because superseded by later tariff acts. Present tariff act is Tariff Act of 1930 embraced in sections 1001 et seq. of this title.

CROSS REFERENCES

Cuba reciprocity treaty not affected by Tariff Act of 1930, see section 1316 of this title.

§ 125. Same; no additional charges on; equal treatment of imports.

So long as the convention mentioned in section 124 of this title shall remain in force, the laws and regulations adopted, or that may be adopted by the United States to protect the revenues and prevent fraud in the declarations and proofs, that the articles of merchandise to which said convention may apply are the product or manufacture of the Republic of Cuba, shall not impose any additional charge or fees therefor on the articles imported, excepting the consular fees established, or which may be established, by the United States for issuing shipping documents, which fees shall not be higher than those charged on the shipments of similar merchandise from any other nation whatsoever. Articles of the Republic of Cuba shall receive, on their importation into the ports of the United States, treatment equal to that which similar articles of the United States shall receive on their importation into the ports of the Republic of Cuba. Any tax or charge that may be imposed by the national or local authorities of the United States upon the articles of merchandise

of the Republic of Cuba, embraced in the provisions of said convention, subsequent to importation and prior to their entering into consumption into the United States, shall be imposed and collected without discrimination upon like articles whencesoever imported. (Dec. 17, 1903, ch. 1, § 2, 33 Stat. 4.)

§ 126. Imports from Canal Zone.

All laws affecting imports of articles, goods, wares, and merchandise and entry of persons into the United States from foreign countries shall apply to articles, goods, wares, and merchandise and persons coming from the Canal Zone, Isthmus of Panama, and seeking entry into any State or Territory of the United States or the District of Columbia. (Mar. 2, 1905, ch. 1311, 33 Stat. 843.)

CROSS REFERENCES

United States, alien, person, defined, see section 1101 of Title 8, Aliens and Nationality.

COUNTERVAILING AND DISCRIMINATING DUTY

§ 127. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930.

Section, act Sept. 21, 1922, ch. 356, title III, § 303, 42 Stat. 935, related to countervailing duty upon articles on which export bounty had been paid. Corresponding provisions of Tariff Act of 1930, see section 1303 of this title.

§ 128. Discriminating duty on goods imported in foreign vessels; exception.

A discriminating duty of 10 per centum ad valorem, in addition to the duties imposed by law, shall be levied, collected, and paid on all goods. wares, or merchandise which shall be imported in vessels not of the United States, or which being the production or manufacture of any foreign country not contiguous to the United States, shall come into the United States from such contiguous country; but this discriminating duty shall not apply to goods, wares, or merchandise which shall be imported in vessels not of the United States entitled at the time of such importation by treaty or convention or Act of Congress to be entered in the ports of the United States on payment of the same duties as shall then be payable on goods, wares, and merchandise imported in vessels of the United States, nor to goods, wares, and merchandise imported in a vessel owned by citizens of the United States, but not a vessel of the United States, if such vessel, after entering an American port, shall before leaving the same be registered as a vessel of the United States, nor to such foreign products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade. (Oct. 3, 1913, ch. 16, § IV, J, subsec. 1, 38 Stat. 195; Mar. 4, 1915, ch. 171, § 1, 38 Stat. 1193; June 17, 1930, ch. 497, title IV, § 651 (d), 46 Stat. 763.)

§ 129. Discriminating duties.

No part of the additional or discriminating duty imposed by law on merchandise on account of its importation in foreign vessels shall be allowed to be drawback, but the whole shall be retained. (R. S. § 3027.)