Such bonds shall be acceptable only with a qualified corporate surety or sureties. (Sec. 307, 46 Stat. 689; 19 U. S. C. 1307) [13 F. R. 8027, Dec. 18, 1948]

§ 12.44 Certificates of origin. The importer of merchandise bonded under § 12.43, or held in customs custody because of failure to file a bond under that section, shall submit to the Commissioner of Customs within 3 months from the date of entry a certificate of origin in the form set forth below, signed by the foreign seller or owner of the merchandise under oath or affirmation before an American consular officer, or, if the place where the certificate is executed is so remote from an American consulate as to render impracticable its execution before an American consular officer, under an oath or affirmation for falsity of which he would be punishable under the laws of the jurisdiction where made. If the merchandise was mined, produced, or manufactured, wholly or in part, in a country other than that from which it was exported to the United States, an additional certificate in such form so signed by the last owner or seller in such other country, substituting the facts of transportation from such other country for the statements with respect to shipment from the country of exportation, shall be so submitted.

(Sec. 307, 46 Stat. 689; 19 U. S. C. 1307) [13 F. R. 8027, Dec. 18, 1948]

§ 12.45 Investigation by ultimate consignee. The ultimate consignee of merchandise bonded under § 12.43, or held in customs custody because of failure to file a bond under that section, shall make every reasonable effort to determine the source of the merchandise, including the raw materials therein, and ascertain the character of labor used in its mining, production, or manufacture, and shall submit to the Commissioner of Customs, within 3 months from the date of entry, a statement setting forth his efforts, the result thereof, and his belief with respect to the use of the class of labor specified in the finding in any of the processes of mining, production, manufacture of the merchandise. (Sec. 307, 46 Stat. 689; 19 U. S. C. 1307) [13 F. R. 8027, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5420, Sept. 9, 1953]

or

§ 12.46 Decision of Commissioner of Customs; action of collector. If the certificate or certificates required by § 12.44 are submitted within the time prescribed and the Commissioner's decision is in favor of the admissibility of the merchandise, the collector shall cancel the bond or release the merchandise. If such certificate or certificates are not submitted within the time prescribed, or if the Commissioner's decision is against the admissibility of the merchandise, the collector, in cases where the merchandise has been released under bond, shall make demand upon the importer for return of the merchandise to customs custody. If the merchandise is not exported within 60 days from the date of return, or within 60 days from notice of the Commissioner's decision if the merchandise was held in customs custody, it shall be treated as abandoned and shall be destroyed unless the importer files a protest against the decision.

(Sec. 307, 46 Stat. 689; 19 U. S. C. 1307) [13 F. R. 8027, Dec. 18, 1948]

§ 12.47 Transportation in interstate and foreign commerce. All goods, wares, and merchandise imported into the

United States which appear to have been transported in violation of section 1761 or 1762, title 18, United States Code," shall be detained by the customs officer concerned and the facts shall be reported to the United States attorney. If the United States attorney determines that action should be taken against the merchandise and the person or persons interested therein and so advises the collector, the merchandise shall be seized and held pending the receipt of further instructions from the United States attorney or from the court.

[13 F. R. 8027, Dec. 18, 1948] COUNTERFEIT COINS,

OBLIGATIONS,

AND

OTHER SECURITIES; ILLUSTRATIONS OR REPRODUCTIONS OF COINS OR STAMPS

§ 12.48 Importation prohibited; exceptions to prohibition of importation; procedure. (a) In accordance with Chapter 25, Title 18, United States Code,

30"(a) Whoever knowingly transports in interstate commerce or from any foreign country into the United States any goods, wares, or merchandise manufactured, produced, or mined, wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

"(b) This chapter shall not apply to agricultural commodities or parts for the repair of farm machinery, nor to commodities manufactured in a Federal, District of Columbia, or State institution for use by the Federal Government, or by the District of Columbia, or by any State or Political subdivision of a State." (18 U. S. C. 1761)

"(a) All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, when shipped or transported in interstate or foreign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and location of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package.

"(b) Whoever violates this section shall be fined not more than $1,000, and any goods, wares, or merchandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law." (18 U. S. C. 1762)

31

any token, disk, or device in the likeness or similitude of any coin of the United States or of a foreign country; counterfeits of coins in circulation in the United States; counterfeited, forged, or altered obligations or other securities of the United States or of any foreign government; or plates, dies, or other apparatus which may be used in making any of the foregoing, when brought into the United States, shall be seized, and delivered to the nearest representative of the United States Secret Service, together with a report of the facts, for appropriate disposition.

(b) In accordance with the regulations approved by the President on February 14, 1938, as amended by regulations approved by the President on November 26, 1938, the printing, publishing, and importation, and the making and importation of the necessary plates for such printing and publishing for philatelic purposes in articles, books, journals, newspapers, and albums (including the circulars and advertising literature of legitimate dealers in stamps and publishers of and dealers in philatelic and historical articles, books, journals, and albums) of black and white illustrations of canceled and uncanceled United States postage stamps (including postage stamps impressed upon stamped envelopes and postal cards) shall be permitted, provided such illustrations are of a size less than three-quarters or more than one and one-half, in linear dimension, of each part of such stamps.

(c) Printed matter of the character described in section 504, title 18, United States Code 32 containing reproductions

31 "The term 'obligations or other security of the United States' includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any act of Congress, and canceled United States stamps." (18 U. S. C. 8)

32 "(a) Nothing in sections 481, 492 and 502 of this title, or in any other provision of law, shall forbid or prevent the printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, for philatelic purposes in articles, books, journals, newspapers, or albums (including the circulars or advertising literature of legitimate dealers in

of postage or revenue stamps, executed in accordance with any exception stated in section 504, or the regulations referred to in paragraph (b) of this section, as the case may be, or colored reproductions of foreign postage stamps the issues of which are no longer valid for postal use in the issuing country, may be admitted to entry. Printed matter containing illustrations or reproductions not executed in accordance with such exceptions shall be treated as prohibited importations. If no application for exportation or assent to forfeiture and destruction is received by the collector within 30 days from the date of notification to the importer that the

stamps publishers of or or dealers in philatelic or historical articles, books, journals, or albums), of black and white illustrations of

"(1) foreign revenue stamps if from plates so defaced as to indicate that the illustrations are not adapted or intended for use as stamps;

"(2) foreign postage stamps; or

"(3) such portion of the border of a stamp of the United States as may be necessary to show minor distinctive features of the stamp so illustrated, but all such illustrations shall be at least four times as large as the portion of the original United States stamp so illustrated.

"(b) Notwithstanding any other provision of law, the Secretary of the Treasury, subject to the approval of the President, may, upon finding that no hindrance to the suppression of counterfeiting and no tendency to bring into disrepute any obligation or other security of the United States will result, by regulations, permit, to the extent and under such conditions as he may deem appropriate, the printing, publishing or importation or the making or importation of the necessary plates for such printing or publishing, for philatelic purposes in articles, books, journals, newspapers, or albums (including the circulars or advertising literature of legitimate dealers in stamps or publishers of or dealers in philatelic or historical articles, books, journals, or albums), of black and white illustrations of canceled or uncanceled United States postage stamps.

"The Secretary, subject to the approval of the President, may amend or repeal such regulations at any time. Such regulations, and any amendment or repeal thereof, shall become effective upon publication thereof in the FEDERAL REGISTER or upon such date as may be specified therein if later than the date of publication.

"All findings of fact made hereunder shall be final and conclusive and shall not be subject to review." (18 U. S. C. 504)

(a) Mer

§ 12.50 Quota priority chandise shall not be regarded as entered for purposes of quota priority until an entry therefor has been filed in proper form. A quota status will not attach to merchandise in any quota period by reason of the presentation of an entry or withdrawal in any prior period.

(b) Merchandise covered by a mail entry or other informal entry shall be regarded as presented for purposes of quota priority when all requirements have been met for the preparation of such an entry.

(c) Merchandise entered for warehouse for which a withdrawal for consumption has been made in the manner stated in § 8.4 (g) of this chapter prior to the opening of any quota period may not be accorded any quota benefit which may become effective after the time of such withdrawal, even though the permit of delivery for the withdrawn merchandise is not delivered to the customs warehouse officer until after the effective date of the quota benefit.

(d) When it is anticipated that entries or withdrawals, or both, covering quantities sufficient to fill a quota will be presented at the opening of the quota period, no entry for consumption or withdrawal for consumption shall be accepted before 12 noon eastern standard

33 Tariff rate quotas established pursuant to trade agreements do not apply to products of a country with respect to whose products the President, pursuant to the provisions of sec. 350, Tariff Act of 1930, has suspended the tariff changes proclaimed by him in connection with such trade agreements.

34

time at any port in the eastern standard time belt, 11 a. m. central standard time in the central standard time belt, 10 a. m. mountain standard time in the mountain standard time belt, or 9 a. m. Pacific standard time in the Pacific standard time belt. All importers who are present to file entries or withdrawals when the quota opens shall be given equal opportunity to do so and, if necessary, special arrangements shall be made so that all such entries may be presented at the exact moment of the opening of the quota. No importer shall be permitted to present entries or withdrawals for a quantity in excess of the quota quantity. Consumption entries and withdrawals for consumption covering quota commodities shall be accepted only during the official office hours when the customhouse is fully staffed and open for the transaction of all customs business. All entries and withdrawals so presented in proper form shall be considered to have been presented simultaneously even though some time may be required for checking purposes.

(e) When the quota of any commodity is nearing fulfillment, any entry or withdrawal for such a commodity shall show the exact day, hour, and minute of official acceptance.

(f) When it is necessary to secure Bureau authorization before acceptance of entries or withdrawals for quota commodities, and the merchandise is the subject of an application for release under an immediate delivery permit, the time of presentation of such entries or withdrawals as reported to the Bureau shall not precede the time at which the

34 "Beginning at 2 o'clock antemeridian of the twentieth day after the date of enactment of this Act, the standard time of each zone established pursuant to the Act entitled 'An Act to save daylight and to provide standard time for the United States,' approved March 19, 1918, as amended, shall be advanced one hour.

"SEC. 2. This Act shall cease to be in effect six months after the termination of the present war or at such earlier date as the Congress shall by concurrent resolution designate, and at 2 o'clock antemeridian of the last Sunday in the calendar month following the calendar month during which this Act ceases to be in effect the standard time of each zone shall be returned to the mean astronomical time of the degree of longitude governing the standard time for such zone as provided in such Act of March 19, 1918, as amended." (Public Law 403, 77th Cong., approved January 20, 1942)

268016-54- -21

importing vessel reaches the limits of the port of entry with intent to unlade the merchandise, or the importing vehicle arrives within the limits of the United States, as the case may be.

(Sec. 1, 48 Stat. 943, as amended; 19 U. S. C. 1351) [13 F. R. 8028, Dec. 18, 1948, as amended by T. D. 53399, 18 F. R. 8689, Dec. 24, 1953]

§ 12.51 Mail importations of merchandise for which an absolute quota has been established. The following procedure is prescribed for the handling of mail importations of any merchandise for which an absolute quota has been established:

(a) In the absence of other arrangements, when the addressee is located at another port of entry, the importation, regardless of the value, shall be returned to the postmaster for dispatch to the collector of customs in care of the postmaster at the port of destination with customs Form 3511. If the importation exceeds $250 in value, notice on customs Form 3509 to make formal entry shall be sent to the addressee.

(b) If, because of quota restrictions, an entire importation cannot be released at one time, the collector of customs at the port at which such merchandise is to be entered shall so inform the addressee. An Acknowledgment of Delivery by Post Office Department shall be sent to the addressee and he shall be advised that if he desires to secure release of a portion of the merchandise the acknowledgment must be signed by him and returned to the collector of customs. The remainder of the importation, or any portion thereof, shall be released from time to time as it becomes admissible under the quota. Such Acknowledgment of Delivery by Post Office shall be in the following form: ACKNOWLEDGMENT OF DELIVERY BY POST OFFICE DEPARTMENT

In consideration of the fact that certain articles in a mail importation consisting of (state

number) parcels, mailed to me by (name of sender) of (address), on

(date of mailing), are subject to quota restrictions under which only a portion of such articles may be admitted to entry at one time, and that the Post Office Department permits no division of the importation before delivery thereof, and since I am desirous of receiving a portion of such articles as they become admissible to entry from time to time under the quota administered by the

Page 305

United States Customs, I hereby agree and acknowledge that delivery of the parcel or parcels to the United States Customs shall be regarded as delivery by the Post Office Department to me.

(Signature of Addressee)

This form may be mimeographed in the quantities needed.

(c) If, in any case, the sender of a mail article has indicated his agreement to the delivery of less than the entire importation at one time, an Acknowledgment of Delivery by Post Office Department need not be secured from the addressee.

(d) The collector may require a deposit of an amount sufficient to defray the expenses of repacking each portion of the merchandise for shipment by mail to the addressee as it becomes admissible to entry under the quota. The shipment shall be under Government frank without new postage. Unless a formal entry or entry by appraisement is required, a mail entry on customs Form 3419 or 3420 shall be issued and forwarded with the parcel to the postmaster for delivery to the addressee and collection of any duties in the same manner as for any other mail article subject to customs treatment.

(e) If formal entry or entry by appraisement is required, and the addressee is not located in the city where such entry is to be filed, the notice to the addressee shall be accompanied by appropriate entry forms for execution and return to the collector of customs.

(f) If within a reasonable time, but not to exceed 30 days, the addressee fails to indicate to the collector of customs an intention to receive delivery of the articles or a portion thereof in accordance with the notice sent to him by the collector of customs, the importation shall be treated in the same manner as other undeliverable mail.

(g) When any such articles imported in the mails, subject to classification under paragraph 1798, Tariff Act of 1930, as amended, but subject to quota restrictions, are declared in writing by a resident of the United States upon his return to this country, and a certified copy of such declaration is on file or is presented, the same procedure shall be followed, except that the articles may be released for delivery by the postmaster without the requirement of any other en

try under a quota allocation obtained from the Bureau, unless duty is assessable and is to be collected at the time of delivery by mail, in which case a mail entry shall be issued.

[13 F. R. 8029, Dec. 18, 1948, as amended by T. D. 53399, 18 F. R. 8689, Dec. 24, 1953]

FUR-SEAL OR SEA-OTTER SKINS

36

The

§ 12.60 Importation prohibited. transportation, importation, sale, or possession of the skins of fur seals or sea otters is prohibited if such skins were taken contrary to the provisions of section 2 of the act of February 26, 1944 (58 Stat. 100-104) " or, in the case of such skins taken under the authority of the act or any fur-seal agreement, if the skins are not officially marked and certified as required by section 2 of the act. Section 16" makes the act inapplicable to skins taken for scientific purposes under a special permit.

(Secs. 1-17, 58 Stat. 100, 101, as amended, 102-104; 16 U. S. C. 631a-631q) [13 F. R. 8029, Dec. 18, 1948]

36 "It shall be unlawful, except as hereinafter provided, for any citizen or national of the United States, or person owing duty of obedience to the laws or treaties of the United States, or any vessel of the United States. or person belonging to or on such vessel, to engage in pelagic sealing or sea otter hunting in or on the waters of the North Pacific Ocean; or for any person or vessel to engage in sealing; or for any person or vessel to use any port or harbor or other place subject to the jurisdiction of the United States for any purpose connected in any way with the operation of pelagic sealing, sea otter hunting, or sealing; or for any person to transport, import, offer for sale, or have in possession at any port, place, or on any vessel subject to the jurisdiction of the United States, raw, dressed, or dyed skins of sea otters taken contrary to the provisions of this section or, where taken pursuant to section 3 of this Act, not officially marked and certified as having been so taken, or raw, dressed, or dyed skins of fur seals taken in or on the waters of the North Pacific Ocean or on lands subject to the jurisdiction of the United States, except seal skins which have been taken under the authority of this Act or under the authority of the respective parties to any fur-seal agreement and which have been officially marked and certified as having been so taken." (Sec. 2, 58 Stat. 101)

37 "Nothing contained in this act shall apply to the killing, capturing, pursuing, transportation, importation, offering for sale, or possession of fur seals or sea otters, or the skins thereof, for scientific purposes under special permit issued therefor by the Secretary." (Sec. 16, 58 Stat. 104)