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5.3 Bonds approved by the Bureau; form and execution.

(a) The following bonds, after execun by the principals and sureties shall forwarded to the Bureau for approval: 1) Proprietor's manufacturing wareise bond, class 6, customs Form 3583, in amount to be recommended by the ector, but not less than $5,000 on each lding or area and not more than ,000 on all buildings or areas, unless Bureau believes additional security essary. Buildings connected by loadplatforms or sheds shall be conred as separate buildings. It shall prepared in duplicate and, after exeion by the principal and surety, dered to the collector of customs to be warded to the Bureau with his recomadation, together with all reports, uments, and drawings filed in connec1 therewith.

2) Cartage contract bond, customs m 3083, in an amount to be recomnded in each case by the collector. 2 cartage contract and bond shall executed in quadruplicate.

3) Blanket smelting and refining id in the form prescribed by T.D. 67, as amended by T.D. 52403, in an ount to be recommended by the color and fixed by the Bureau.

b) A blanket term bond shall be acapanied by a sufficient number of ies for transmittal, through the Buu, to each port at which the principal ks to conduct business.

5.4 Bonds approved by collectors; form and execution.

a) The following bonds shall be apved by the collector and remain on in his office, except customs Form

been taken to assure compliance with such provision.

(c) The Secretary of the Treasury may horize the cancellation of any bond proed for in this section, or of any charge that 7 have been made against such bond, in event of a breach of any condition of the d. upon the payment of such lesser ount or penalty or upon such other terms I conditions as he may deem sufficient. (d) No condition in any bond taken to ure compliance with any law, regulation, instruction which the Secretary of the asury or the Customs Service is author1 to enforce shall be held invalid on the und that such condition is not specified the law, regulation, or instruction authoror of requiring the taking such (Tariff Act of 1930, sec. as amended; 19 U. S. C. 1623)

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4615, which shall be transmitted to the United States attorney:

(1) Carrier's bond, custom Form 3587, in an amount to be determined by the collector.

(2) Proprietor's warehouse bond, customs Form 3581, in the amount of $5,000 on each building or area covered, but not to exceed $50,000 on all buildings or areas unless the collector believes additional security necessary. Buildings connected by loading platforms or sheds shall be considered as separate buildings. All reports, documents, and drawings submitted in connection with the bonding of the warehouse shall be filed with the bond.

(3) Bond of customs cartman or lighterman, customs Form 3855, in such amount as the collector deems, necessary, but not less than $5,000, and not more than $50,000, unless the collector deems the latter amount insufficient and reports the matter to the Bureau for action, in which case the bond shall be in the amount specified by the Bureau.

(4) Bond of claimant of seized goods for costs of judicial condemnation, customs Form 4615, in the amount of $250.

(5) Bond to produce manifest and shipper's export declarations for goods exported to Canada, customs Form 7303, in the amount of $1,000.

(6) Term bond to produce manifest and shipper's export declarations for goods exported to Canada, in such amount as the collector may deem necessary.

(7) Special single entry carpet wool and camel's hair bond, customs Form 7547, in an amount equal to the value of the wool or hair involved plus double the estimated duty, as determined at the time of entry.

(8) Special term carpet wool and camel's hair bond, customs Form 7549, in the amount of $10,000, or such larger amount as the collector may deem necessary.

(9) Immediate delivery and consumption entry bond (single entry), customs Form 7551, in an amount equal to the value of the articles, as set forth in the entry, plus the estimated duty' (including any taxes required by law to be treated as duties) and the estimated amount of any other taxes imposed upon

When the bond is to cover merchandise granted a conditional right of entry at a reduced rate of duty, the amount of the bond shall be fixed on the basis of the maximum rate of duty prescribed by the law.

or by reason of importation, as determined at the time of entry except:

(i) When the merchandise involved will remain in customs custody until (a) examination has been completed, (b) it is found to be truly and correctly invoiced, and (c) it is determined that its release is not precluded by law or regulation and it is entitled to admission into the commerce of the United States, the bond shall be in an amount equal to the aggregate sum of double the estimated amount of ordinary customs duty on the merchandise (including any taxes required by law to be treated as duties) plus the estimated amount of any other tax or taxes on the merchandise collectible by the collector.

(ii) When the merchandise appears to the satisfaction of the collector to be unconditionally free of duty and not prohibited from admission into the commerce of the United States, the amount of the bond may be in such lesser amount (disregarding the value of the articles) as, in the opinion of the collector, will be sufficient to accomplish the purpose for which the bond is given, but in no case less than $100.

(iii) When the bond relates to an application for immediate delivery prior to entry, the amount shall be fixed as above set forth on the basis of the information shown in the application.

(10) Immediate delivery and consumption entry bond (term), customs Form 7553, in the amount of $10,000, or such larger amount as the collector may deem necessary. This bond shall be taken to cover only entries to be made at a single port and shall not be modified to cover more than one port. The rules prescribed in subparagraph (9) of this paragraph for determining the amount of the single immediate delivery and consumption entry bond shall be applied in making charges against immediate delivery and consumption entry term bonds.

(11) Warehouse entry bond, customs, Form 7555, in an amount equal to the aggregate sum of double the estimated amount of ordinary customs duty on the merchandise (including any taxes required by law to be treated as duties) plus the estimated amount of any other tax or taxes on the merchandise collectible by the collector of customs.

(12) Single entry bond for exportation, or for transportation, or for transportation and exportation, customs Form

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(15) Bond for temporary importatio customs Form 7563, in an amount equ to double the estimated duties, as dete mined at the time of entry.

(16) Term bond for temporary impo tations, customs Form 7563-A, in su amount as the collector may deem necij sary, but in no case less than $1,000, less the bond covers entries at 2 or m ports in which case the amount sta not be less than $10,000.

(17) Bond for articles for exhibiti customs Form 7565, in an amount equ to one and one-quarter times the est mated duties as determined at the t of entry.

(18) Single entry vessel, vehicle. aircraft bond, customs Form 7567, such amount as the collector may det necessary, but in no case less than $1.00

(19) Vessel, vehicle, or aircraft tef bond, customs Form 7569, in the amou of $10,000, or such larger amount as collector may deem necessary.

(20) Blanket vessel, vehicle, or a craft term bond, customs Form 7569, the amount of $10,000, or such larg amount as may be fixed by the collect of customs at the port where the bond filed. A carrier desiring to execute su a bond shall file an application for pe mission to execute the bond with the c lector of customs at any headquarte port. The bond shall be accompanied a copy for each port named therein.

(21) Bond on entry for or withdraw from manufacturing warehouse (sing

2 When the bond is to cover merchand granted a conditional right of entry at s duced rate of duty, the amount of the boa shall be fixed on the basis of the maximi rate of duty prescribed by the law.

ry), customs Form 7571, in an amount al to the aggregate sum of double the imated amount of ordinary customs y on the merchandise, as determined the time of entry (including any taxes uired by law to be treated as duties) s the estimated amount of any other or taxes on the merchandise collectiby the collector of customs. 22) Single entry bond to produce bill lading, customs Form 7581, in an ount equal to one and one-half times invoice value.

13) Antidumping bond, customs Form 1. in an amount equal to the estited value of the merchandise.

24) Landing bond, customs Form 3, to land spirits, wines, or other alcoic liquors in foreign ports, in an ount equal to double the estimated J.

25) General term bond for the entry merchandise, customs Form 7595, in amount of $100,000, or such larger ount as may be fixed by the collector. principal desiring to execute this form bond shall file with a collector at any adquarters port to be named in the nd an application for permission to file bond. The application shall show ports at which it is intended to file ries; the general character of the =rchandise to be entered; and the total

ount of ordinary customs duties (inding any taxes required by law to be ated as duties) accruing on all merandise imported by the principal durthe calendar year preceding the date the application, plus the estimated ount of any other tax or taxes on the rchandise collectible by the collector customs. Such total amount of du ́s and taxes shall be that which would ve been required to be deposited had e merchandise been entered for connption, even though some of or all the rchandise may have been entered unr bond. If no imports were made ring the calendar year prior to the apcation, a statement of the duties and <es it is estimated will accrue on all portations during the current year all be submitted.

(26) Single entry bond, customs Form 97, in an amount deemed by the colctor to be sufficient to secure the payent of overtime services requested by on behalf of parties in interest.. (27) Term bond, customs Form 7599, an amount deemed by the collector to sufficient to secure the payment of

overtime services requested by or on behalf of parties in interest.

(28) Bond for conditionally-free withdrawal of distilled spirits (including alcohol), wines, or beer for supplies of fishing vessels, customs Form 7603, in an amount equal to the duties and taxes that would have been assessed had the supplies been regularly entered, or withdrawn, for consumption. When the form is used as a term bond the bond shall be fixed in such larger amount as the collector may deem necessary.

(29) Special bond, taken under the provisions of section 337 (f), Tariff Act of 1930, in the form prescribed in T.D. 45474. This bond shall be in an amount equal to the domestic value of the merchandise.

(30) Special bond in the form prescribed in T.D. 45474 for clearance of vessel penalized for carrying smoking opium or other narcotics under the provisions of section 584, Tariff Act of 1930, as amended. This bond shall be in an amount satisfactory to the collector to guarantee the payment of any fine imposed against the owner or master of the vessel.

(31) Special bond in the form prescribed in T.D. 45474 for exportation of convict-made goods, in an amount equal to the domestic value of the merchandise.

(32) Special bond for observance of neutrality in the form prescribed in T.D. 45474, in an amount equal to double the value of the vessel and cargo on board, including her armament.

(33) Superseding bond of the actual owner whose declaration has been filed pursuant to section 485(d), Tariff Act of 1930, to pay increased and additional duties imposed upon or by reason of importation, to redeliver merchandise for marking and other purposes, and to perform all required acts with respect to merchandise not entitled to admission into the commerce of the United States, customs Form 7601, in an amount equal to the amount of the single-entry bond or the bond charge which it supersedes.

(34) Bond for the control of certain instruments of international traffic, customs Form 7587, specified in § 10.41a of this chapter in the amount of $10,000, or such larger amounts as the collector may deem necessary to afford ample security to the revenue.

(35) Consolidated aircraft bond, customs Form 7605, may be filed with any collector of customs at the option of the

carrier in the amount of $100,000, or such larger amount as may be fixed by the collector. Such consolidated bond will not authorize an airline to act as a carrier for the transportation of bonded merchandise unless and until the airline filing the bond is qualified as a carrier for such transportation. If the airline desires to qualify as a carrier for the transportation of bonded merchandise and has not previously so qualified, it shall file an application with the collector requesting permission to so act accompanied by evidence that it is authorized to operate and intends to operate as a common carrier or contract carrier. The application for designation as a carrier for the transportation of bonded merchandise shall be accompanied by the fee prescribed in § 24.12 of the regulations of this chapter. When a carrier has filed a bond on customs Form 7605 and this bond has been approved, it may obtain discontinuance of its bond on customs Form 3587 by request to the collector at the port where that bond was

for Entry of Merchandise (customs F 7595); and

Whereas, the above-bounden principal sureties intend to be bound to the same a tent as if they had executed each of above-mentioned bonds;

Now, therefore, the condition of this ligation is such, that

If all the conditions and obligations all the above-mentioned bonds shall be com plied with in connection with the abo mentioned activities of the above-bound principal;

Then this obligation to be void; otherwise to remain in full force and effect.

This bond shall remain in full force a effect for one year commencing 19, and in the same amount for each every succeeding annual period thereafter until terminated. It shall be deemed to com stitute a separate bond for each annu period and shall be in a separate amount c for liabilities accuring in ead annual period.

Signed, sealed, and delivered in the pres ence of

(Name and address)

1961

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(Name and address)

(Surety)

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as sureties, are held and firmly bound unto the United States of America in the sum of ---- dollars ($------), for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Witness our hands and seals this day of 19--.

Whereas, at ports or places in the United States, its territories or possessions, or places where customs preclearance procedures have been established outside the United States, the above-bounden principal expects to engage in activities covered by the following bonds of the Bureau of Customs: Carrier's Bond (customs Form 3587); Vessel, Vehicle, or Aircraft Term Bond (customs Form 7569); Bond for the Control of Certain Instruments of International Traffic (customs Form 7587); and General Term Bond

'If the principal or surety is a corporation, the name of the State in which incorporated also shall be shown.

CERTIFICATE AS TO CORPORATE PRINCIPAL

------

the

----, certify that I am --- of the corporation named as prin cipal in the within bond; that who signed the said bond on behalf of the principal, was then of said con poration; that I know his signature, and hi signature thereto is genuine; and that sai bond was duly signed, sealed, and attested fo and in behalf of said corporation by authority of its governing body.

[CORPORATE SEAL (To be used when no power of attorney ha been filed with the collector of customs.)

(b) The amount of any customs bond approved by the collector shall not be less than $100, except when the law of regulation expressly provides that lesser amount may be taken. Fractional parts of a dollar shall be disregarded ini computing the amount, which shall be stated always as the next higher dollar. The amount of the bond shall be stated

1 May be executed by the secretary, s sistant secretary, or other officer of the corporation.

Ih in words and figures. Abbreviaas shall not be used, except in dates, criptions of merchandise, and the rks and numbers on packages. Lines all be drawn through all spaces not ed in.

c) If a situation develops where the roved form of a bond is deemed to be pplicable, the collector may draft a m which he believes will be sufficient, before execution of the bond the case Il be submitted to the Bureau for its sideration and approval of the proed form.

5. 4197, as amended; 46 U.S.C. 91)

5.5

General instructions.

a) The names of the principal and eties and their respective places of idence shall appear in full in the body -the bond. The signature of each ty to a bond executed by a non-corate principal or surety shall be witised by two persons, who shall sign ir names as witnesses, followed by eir addresses. No witnesses are rered where bonds are executed by operly authorized officers or agents of corporate principal or a corporate ety. If the bond is executed by an thorized officer of a corporation, the cer's signature shall be properly atted under the corporate seal.

b) When two persons signing as witsses act for both principal and surety, ey shall so indicate by stating "as to th," or a similar term.

(c) Each bond shall bear the date of day it was actually executed. The mination date of every term bond ill be the last day of the period and t the first day of a succeeding period; example, January 1, 1940, to and inding December 31, 1940, and not Janry 1, 1940, to January 1, 1941.

(d) A bond in which erasures, intereations, or alterations occur shall ve placed upon it a statement by an ent of the surety company or by the rsonal sureties that such erasures, erlineations, or alterations were made or to this signing of the bond. If such erations or erasures were made er the bond was signed, the consent all the parties thereto shall be written the bond.

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individuals, and the corporate seal shall be affixed adjoining the signatures of persons signing on behalf of the corporation.

(b) Bonds approved by collectors of customs shall be sealed in accordance with the law of the state in which executed, and when the charter or governing statute of a corporation requires its acts to be evidenced by its corporate seal, such seal is required.

§ 25.7 Partnerships as principals.

(a) Partnership bonds shall be executed in the firm name, with the name of the member or attorney of the firm executing it appearing immediately below the firm signature."

(b) Unless written notice of the full names of all partners in the firm have been previously filed with the collector, the names of all persons composing the partnership shall appear in the body of the bond; for example, “A, B, and C, composing the firm of A, B, and Co."

§ 25.8 Corporations as principles.

(a) When a corporation is the principal, its legal designation and the address of its principal place of business shall be inserted in the body of the bond. The bond shall be signed by an authorized officer or attorney of such corporation and the corporate seal shall be affixed immediately adjoining the signature of the person executing the bond, as provided for in § 25.6 (b). When the bond is to be approved by the Secretary of the Treasury or the Bureau, the official character and authority of the person or persons executing the bond for the principal may be certified by the secretary, assistant secretary, or other officer of the corporation. Such certification shall be made by executing the certificate as to corporate principal appearing in the bond. In lieu of such certificate, there may be attached to the bond so much of the records of the corporation as will show the official character and

"When any bond is required by law or regulation to be executed by any partnership for any purpose connected with the transaction of business at any customhouse, the execution of such bond by any member of such partnership shall bind the other partners in like manner and to the same extent as if such other partners had personally Joined in the execution, and an action or suit may be instituted on such bond against all partners as if all had executed the same." (Tariff Act of 1930, sec. 495; 19 U. S. C. 1495)

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