Lapas attēli
PDF
ePub

, in the opinion of the collector, such erchandise, because of depreciation in llue by reason of damage, leakage, or her cause, will sell for an amount inificient to pay the duties, storage, and her charges if allowed to remain in neral order for 1 year. Unclaimed erchandise remaining on the dock nich, in the opinion of the collector, Il not sell for enough to pay the cost

cartage and storage shall be sold in e same manner.' (h) If the collector is satisfied that e proceeds of sale will not be sufficient

pay the expenses and duties, a writn or printed notice of the sale in lieu

the advertisement shall be conspicuisly posted in the customhouse, and, if emed necessary, at some other proper zce for the time above specified. (i) The catalogs, if used, shall specify le marks, numbers, and description of ackages, the description and quantities : their contents, the appraised value lereof and also the domestic value at le time and place of the examination : the merchandise. The catalogs shall

distributed at the sale and announceent made that the Government does ot guarantee quality or value and that o allowance will be made for any defiency found after sale.

(1) When the name and address of je consignee can be ascertained, notice î the date of sale shall be mailed to im. When unclaimed merchandise was insigned to order or for other reason le name of a consignee cannot be oblined, the collector, where practicable, iall notify the shipper or his representtive or the agent of the carrier of the ate when and place where the goods re to be sold.

(k) Merchandise offered for sale but ot sold shall be included in the next egular sale of unclaimed and abandoned Perchandise. If the collector is satised that such merchandise is unsalable r of no commercial value, it shall be estroyed.

(Secs. 491, 559, 46 Stat. 726, as amended 744, as amended; 19 U.S.C. 1491, 1559) & 20.6 Proceeds of sale; payment of charges and

expenses; surplus; deficit. (a) From the proceeds of sale of merchandise remaining in public stores or in bonded warehouse beyond the time fixed by law, the following charges shall be paid in the order named:

(1) Internal revenue taxes.
(2) Expenses of advertising and sale.

(3) Expenses of cartage, storage and labor. When the proceeds are insufficient to pay such charges fully, they shall be paid pro rata. (For merchandise entered for warehousing, see paragraph (b) of this section.)

(4) Duties.

(5) Any other charges due the United States in connection with the merchandise.

(6) Any sum due to satisfy a lien for freight, charges, or contributions in general average, of which due notice shall have been given in the manner prescribed by law.

(b) The expenses of cartage, storage, and labor for merchandise entered for warehousing shall be paid in the following order:

(1) When such merchandise was warehoused in public stores, expenses of storage and labor shall be paid after expenses of sale (prorated when proceeds are insufficient to pay them fully) and any cartage charges shall be paid last.

(2) When such merchandise was warehoused in a bonded warehouse, expenses of storage, cartage, and labor shall be paid last (prorated when proceeds are insufficient to pay them fully).

(c) The duties chargeable on any merchandise within the purview of this section shall be assessed on the appraised dutiable value at the rate of duty chargeable at the time the merchandise became subject to sale.

(d) The duties of the auctioneer shall be confined to selling the merchandise and his charge for such service shall in

All gunpowder and other exlosive substances and merchandise liable to lepreciation in value by damage, leakage, or ther cause to such extent that the proceeds sale thereof may be insufficient to pay the luties, storage, and other charges, if pernitted to remain in public store or bonded varehouse for a period of one year, may be old forthwith, under such regulations as he Secretary of the Treasury may prescribe.

(Tariff Act of 1930, sec. 491, as imended: 19 U.S.C. 1491)

* Household and personal effects of the character provided for in paragraph 1798, as amended, or paragraph 1632, Tariff Act of 1930, which belong to persons who have not. arrived in this country before the effects become subject to sale are dutiable at the. rates in effect when the effects become subJect to sale, even though such persons arrive. and make entry for the effects before they are sold.

been made, the merchandise shall be regarded as shipped to the consignee without his consent and no effort shall be made to collect any deficiency of dutias or charges from such consignee. (Secs. 491-493, 559, 46 Stat. 726, as amended, 727, 744, as amended; 19 U. 8. C. 1491-1493, 1559)

no case exceed the commissions usual at the port. Such commissions shall be allowed only on the gross sum actually realized on the sale.

(e) Accounts for the auctioneer's charges and all other expenses of sale which may be properly chargeable on the merchandise shall be presented to the collector for payment within 10 days from the date of sale. Such expenses shall be apportioned pro rata on the amounts received for the different lots sold.

(f) If a claim of the owner of unclaimed merchandise for the surplus proceeds of sale is properly established in accordance with $ 24.25 of this chapter, such proceeds of sale shall be paid to him pursuant to section 493, Tariff Act of 1930. Any doubtful claim shall be forwarded to the Bureau with all pertinent documents and information available to the collector for the instructions of the Bureau or for reference by it to the General Accounting Office for direct settlement.

(g) Claims of the owner or consignee for the surplus proceeds of a sale made pursuant to section 559, Tariff Act of 1930, shall be paid in the manner and subject to the conditions stated in paragraph (f) of this section.

(h) If the proceeds of sale of merchandise in warehouse beyond 3 years are insufficient to pay the duties after payment of all charges having priority, the deficiency shall be collected under the warehouse entry bond, by suit if necessary.

(i) When the proceeds of sale of unclaimed merchandise are insufficient to pay the charges and duties, the consignee shall be liable for the deficiency unless the merchandise was shipped to him without his consent. If no entry for the merchandise has been filed and no other attempt to control the merchandise has

PART 21-CARTAGE AND

LIGHTERAGE Sec. 21.1

Licensing of cartmen and lightermen;

marking of vehicles and lighters. 21.2 Employees' identification cards. 21.3 Classes of cartage. 21.4 Government cartage. 21.5 Importers' cartage. 21.6 Suspension or revocation of licensed

cartman or lighterman. 21.7 Supervision of cartage and lighterage. 21.8 Liability; reports of loss or damage. 21.9 Tickets for goods carted or lightered. 21.10 Inability to deliver merchandise.

AUTHORITY: The provisions of this Part 21 issued under secs. 565, 624, 46 Stat. 747, 759. sec. 101, 76 Stat. 72; 19 U.S.C. 1565, 1624, Gez. Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted.

SOURCE: The provisions of this Part 21 ap pear at 28 F.R. 14776, Dec. 31, 1963, unless otherwise noted. $ 21.1 Licensing of cartmen and lighter

men; marking of vehicles and

lighters. (a) Except as provided for in $ 18.3 (d) of this chapter and $ 21.4(b), customs cartage and lighterage shall be done by cartmen and lightermen licensed by the collector or specifically authorized by the Commissioner of Customs for that purpose. Customhouse cartage and lighterage licenses, customs Form 3857, shall be issued by the collector of customs. Before such a license is issued, the cartman or lighterman shall be required to execute a bond on customs Form 3855 in an amount to be fixed by the collector and pay the fee of $50

• “The surplus of the proceeds of sales under section 491 of this Act, after the payment of storage charges, expenses, duties, and the satisfaction of any lien for freight, charges, or contribution in general average, shall be deposited by the collector in the Treasury of the United States, if claim therefor shall not be filled with the collector within ten days from the date of sale, and the sale of such merchandise shall exonerate the master of any vessel in which the merchandise was imported from all claims of the owner thereof, who shall, nevertheless, on due proof of his interest, be entitled to receive from the Treasury the amount of any surplus of the proceeds of sale." (Tariff Act of 1930, sec. 493; 19 U. 8. C. 1493)

1 "The cartage of merchandise entered for warehouse shall be done by cartmen to be appointed and licensed by the collector of customs and who shall give a bond in a pena! sum to be fixed by such collector, for the protection of the Government against any loss of, or damage to, such merchandise while being so carted. The cartage of merchandise designated for examination at the appraiser's stores and of merchandise taken into custody by the collector as unclaimed shall be pers formed by such persons as may be designated under contract or otherwise, by the Secretary of the Treasury, and under such regulstions for the protection of the owners thered

.

prescribed by $ 24.12 of this chapter. legend "C.H.L. No.------" may be used The collector may appoint or license as if so desired. t customs cartman or lighterman any (d) The markings prescribed by this sommon carrier who has executed and

section shall appear in letters and figures iled a carrier's bond, customs Form 3587.

not less than 3 inches high and in Che License shall remain in force and

the case of carts, trucks, drays, and ffect as long as the required bond is

other vehicles, such markings shall be onsidered suficient or until the license

placed on each side by painting directly 3 suspended or terminated. Before cus

onto the vehicle or by the attachment omhouse licenses are issued for bonded

of signs bearing the required marking. ighters or other such vessels, the vessel's

However, in the case of vehicles, if such aarine documents, if any have been

marking is not found to be practicable ssued, shall be presented to the collector

by the collector, he may designate some und such documents shall be returned by

other conspicuous place upon the vehicle he collector following his examination

where the number shall appear. hereof. The collector may require the

(e) These markings shall be removed pplicant for a license to furnish a list

upon termination of the license in achowing the names and addresses of the

cordance with the provisions of the bond, aanaging oficers and members of the

customs Form 3855, or the cartman or rganization or of the persons who will

lighterman shall be liable for the payeceive or transport imported merchan

ment of liquidated damages as provided tise which has not been released from

for in such bond. ustoms, or a list of all such persons and (f) Customs officers shall not deliver heir addresses. An applicant shall be

any bonded goods to vehicles or lighters equired in each case to undertake to

which are not properly marked. urrender promptly to the collector the

(R.S. 161, as amended, 251, sec, 624, 46 Stat. dentification cards of persons no longer 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624) [28 F.R. mployed by the applicant or give rea- 14776, Dec. 31, 1963, as amended by T.D. ons satisfactory to the collector why 56107, 29 F.R. 2336, Feb. 11, 1964) uch cards cannot be surrendered. The

§ 21.2 Employees' identification cards. ollector may also require an applicant o undertake to furnish, at such times When required for purposes of local ind intervals as the collector deems administration, each licensed cartman or recessary, a current list showing the lighterman and each employee thereof ames and addresses of the managing

who receives or transports imported merfficers and members of the organization chandise which has not been released T of the persons who will receive or from customs shall possess an identifiransport imported merchandise which cation card, customs Form 3873, with las not been released from customs, or

his photograph securely affixed thereto list of all such persons and their ad- with glue or other adhesive substance. tresses. A license shall be subject to

The card shall also bear his signature in uspension for failure to comply with the the space provided. Such identification equirements of the two preceding sen

card shall be issued by the collector only ences, or it may be revoked for sufi. upon application on customs Form 3078 iently good cause.

of the licensed cartman or lighterman. (b) Any cartman licensed by the city

The application shall be filed personally ir State authorities who produces evi

at the customhouse by the person for lence of good moral character and his whom the application for the identificaity or State license may be licensed as

tion card is made, together with a photoI customhouse cartman.

graph (or two if required for purposes (c) Every licensed vehicle used for

of local administration) of such person ustoms cartage and every licensed

in addition to the one to be affixed to the arge, scow, or other lighter used for

application. If required for purposes of ustoms lighterage shall be conspicu

local administration, the fingerprints of

such person shall be taken on customs jusly marked with the legend "Custom

Form 3872 and at the time of the filling jouse License No.

" and the

of the application. The identification iame of the person or firm to whom the

card shall become valid when the United icense has been issued. The abbreviated

States customs seal has been impressed ind of the revenue as the Secretary of the

thereon, which seal shall not be imTreasury shall prescribe." (Tariff Act of pressed until after the card has been 1930, sec. 566; 19 U.S.C. 1665)

otherwise completed. If required for purposes of local administration, the which may be done by any licensed cus identification card shall be prepared in tomhouse cartman. duplicate. The original, after having impressed thereon the customs seal, shall

8 21.4 Government cartage. be presented to the person in whose (a) The cartage of packages desig. name the card is issued and shall be in nated for examination at the appraiser his possession at all times when he is stores shall be done by a cartman unde engaged in receiving or transporting contract or other specific authority for imported merchandise. The duplicate, that purpose. Contracts for government when required, shall be retained as an cartage shall be let annually after inti: office record. It shall be the responsibil- tations to bid have been mailed to ity of each person to whom an identifi- least 3 representative cartage companie cation card is issued to protect it with and posted in public places. At least 31 an appropriate transparent cover so that days shall be allowed for submission d the face and back of the card are visible such bids. If the collector of customs without removing the cover. Whenever deems it necessary, notice of the invita. the employment of the holder of an tion to bid may be published in one a identification card is changed to another more local newspapers. If the collector licensed cartman or lighterman, the of customs determines that a bid guar: card, supported by an application in antee is necessary, the bids for such proper form, shall be submitted promptly cartage shall be supported by bid bonds to the collector so that the change may submitted to the collector who has solic be made officially on the card and on the ited such bids. The contract will be la customhouse records. The collector may by the Commissioner of Customs oi authorize such exceptions to the require- customs Form 3083 upon execution ments of the preceding sentence as he the bond provided as a part of such deems necessary and advisable when the contract in a sum to be fixed by the employment of the holder of an identifi- Commissioner for the faithful per cation card is changed only temporarily formance of the contract. Such conto another licensed cartman or lighter- tract cartman shall be licensed as a cus man. The card shall be submitted tomhouse cartman. The cartage will be promptly to the collector when there paid by the Government through the col is a change of address of the holder. lector of customs for the district in which New cards shall be issued when neces- the service is rendered from the appro sary. Should an identification card be priation "Salaries and Expenses, Bureau presented by a person other than the one of Customs." to whom it was issued, such card shall be (b) Merchandise designated for exforthwith confiscated. The identifica- amination at an importer's premises a tion card shall be surrendered when the other place not in charge of a customs holder thereof leaves the employment of officer may be carted, lightered, or cara licensed cartman or lighterman for ried to any such place by the importer employment of some other character. without a cartman's or lighterman': All outstanding identification cards is- license, when in the judgment of the cole sued to a licensed cartman or lighterman lector the revenue will not be endanand to the employees thereof, shall be gered. Otherwise, such transfer shall be taken up by the collector upon the sus- done by a licensed cartman, who shal pension or termination of the license of be the contract cartman whenever prac the cartman or lighterman. An identifi- ticable. cation card shall not be issued to any (c) Merchandise withdrawn from genperson whose employment in connection

eral order for regular entry shall be conwith the transportation of bonded mer- veyed under such contract at the expense chandise will, in the judgment of the of the importer to the place designated collector, endanger the revenue.

by the collector for appraisement. § 21.3 Classes of cartage.

(d) Unclaimed merchandise shall be

carted to the public stores or bonded The cartage of merchandise in cus

warehouse by bonded cartmen desigtoms custody is of two kinds: "govern- nated by the Commissioner and under ment cartage,” which must be done by a contract for that purpose. Bond on cuslicensed customhouse cartman under toms Form 3083, in a sum to be approved contract or other specific authority for by the Commissioner, shall be required that purpose (except as provided for in for the faithful performance of the work $ 21.4 (b)), and “importers' cartage,” The cost of such cartage shall be charged

or

against the merchandise and collected cartage or lighterage of merchandise, rior to delivery under a regular entry the collector may suspend or revoke the or paid from the proceeds of sale. license of the cartman or lighterman

(e) Seized merchandise shall be deliv- chargeable with the offense. Such cusred to the custody of the collector by toms order or rule may include a requirehe most practicable means available to ment by the collector that customs he seizing oficer.

licensed cartmen and lightermen shall

make, keep, and promptly submit for 21.5 Importers' cartage.

customs inspection and examination (a) Any licensed customhouse cart- upon request therefor such current writdan may transfer merchandise at the ten records relating to cartage and lightxpense of the importer or other party in erage as may be needed for purposes of nterest from the importing vessel or local customs administration, ther conveyance to bonded warehouse, rom

$ 21.7 Supervision of

and one vessel

cartage conveyance to

lighterage. nother, from one bonded warehouse to nother, from the public stores to a (a) All licensed vehicles or lighters onded warehouse, from warehouse for shall be subject to the control and direcransportation or for exportation, and tion of the officer having charge of the rom an internal-revenue warehouse for merchandise being carried. xportation under the internal-revenue (b) The vehicles or lighters desigaws without payment of tax.

nated for the purpose shall be present to (b) The collector may license any im- take the merchandise when the customs vorter as a customhouse cartman for the officer in charge is ready to send it; surpose of carting his own imported otherwise, after waiting a reasonable aerchandise.

time, such oficer shall send the merchan(c) Importers and exporters shall des- dise by any licensed vehicle or lighter gnate on the entry and permit of bonded available. nerchandise the bonded cartman or ighterman by whom they wish their

§ 21.8 Liability; reports of loss or damnerchandise to be conveyed and ap

age. iroval of such designation shall be indi- (a) The cartman or lighterman conated on the entry papers by the initials

veying the merchandise shall be held of the appropriate customs officer placed liable under his bond for its prompt a close proximity to the designation. delivery in sound condition, or in no (d) If an importer does not cart his

worse than the damaged condition noted nerchandise or designate a licensed cus

on the cartage or lighterage ticket, cusomhouse cartman for the purpose, it toms Form 6043-A, Elliott Fisher ticket hall be carted by a public-store cartman or customs Form 7502-A, 7506, or 7512, if .uthorized by contract or designated by damage is so noted. Any negligence or he collector for that purpose, the cost carelessness shall be ca:ise for revocation hereof to be paid by the importer or of the license. wner of the merchandise before its

(b) Any loss or detention of bonded elease from customs custody.

goods and any accident happening to a (e) Nothing in this section shall apply licensed vehicle or lighter while carryo the cartage of examination packages ing them shall be immediately reported o the place of examination, which shall

by the cartman or lighterman to the colve done only by the contract cartman, lector. xcept as provided for in § 21.4 (b). (c) The collector may cancel liqui

dated damages not in excess of $20,000 ; 21.6 Suspension or revocation of li

incurred under a cartman's bond or a cense of cartman or lighterman.

lighterman's bond upon the payment of Inspectors or other customs officers such lesser amount, or without the paynay demand of any person claiming to ment of any amount, as he may deem Je a customhouse cartman or lighterman, appropriate under the circumstances. or employee thereof, his license or identi- (Interprets or applies sec. 623, 46 Stat. 769, ication card for inspection. If it is not as amended; 19 U. S. C. 1623) produced, or if the vehicle is not properly

$ 21.9

Tickets for goods carted narked, or if the cartman or lighterman refuses or neglects to obey any proper

lightered. order of the inspector or any customs (a) When merchandise is carted or order, rule, or regulation relative to the lightered and received in a bonded

or

« iepriekšējāTurpināt »