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of the United States admitted to the Territory of Hawaii without an immigration or passport visa in accordance with the provisions of paragraph (1) of section 8 (a) of the Act of March 24, 1934 (48 Stat. 462; 48 U.S. C. 1238).

(k) Nonresident occupational seamen. A nonresident alien whose occupational status as a seaman is established, entering the United States temporarily in pursuit of that occupation, who is a bona fide alien seaman as defined in section 120.2, or who arrives as a passenger or workaway and is admitted solely for the purpose of reshipping foreign.

(1) Returning resident occupational seamen. An alien whose occupational status as a seaman is established and who arrives as a seaman or as a passenger or workaway after a temporary absence abroad solely in pursuit of his calling, if he is found upon arrival to have previously been lawfully admitted to the United States for permanent residence and to be returning to an unrelinquished domicile in the United States.

(m) Military or naval personnel. Members of the armed forces of the United States, or of foreign armed forces cooperating with the United States, including nurses and technicians attached to such armed forces, when entering the United States under official orders.

(n) Students, returning from nearby countries. Aliens admitted to the United States as bona fide students under subdivision (e) of section 4, of the Immigration Act of 1924, who, without relinquishing such status, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding 6 months.* (Secs. 2, 3, 39 Stat. 875; 8 U. S. C. 132, 136 (a))

105.4 Burden of proof in claims for exemption. The burden of proof shall be upon the alien to establish that he is within the classes exempted by law from the payment of head tax, and in all cases where such fact is not established to the satisfaction of the immigration officer the tax shall be collected and paid on account of such alien in the manner provided in g 105.7.* (Sec. 2,

, 39 Stat. 875; 8 U.S. C. 132)

105.5 Seamen admitted as immigrants.

(a) A head tax of $8 shall be paid for every alien who arrives as a seaman but is admitted as an immigrant, except a seaman admitted under section 4 (b) of the Immigration Act of 1924 who is within the exemption specified in section 105.3 (1).

(b) Head tax shall be paid for an alien arriving as a seaman but admitted under said section 4 (b) if the alien is returning from a temporary absence abroad which was not connected with his occupation as a seaman, except that he shipped as a seaman in preference to other methods of travel, and if he would be required to pay head tax were he returning from such an absence otherwise than as a seaman.* (Sec. 2, 39 Stat. 875; 8 U. S. C. 132)

105.6 Liability for head tax assessed for admission of seamen as immigrants. In any case in which head tax is assessed under this Part by reason of the admission of a seaman as an immi. grant, the tax shall be paid by the master, agent, owner, or consignee of the vessel or transportation line responsible under the provisions of section 2 of the Immigration Act of February 5, 1917.* (Sec. 2, 39 Stat. 875; 8 U.S. C. 132)

* Por statutory citation, see note to $ 105.1.

105.7 Head' tax; by and to whom paid. The head tax shall be paid to the collector of customs of the port or customs district to which the alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States, or by the alien himself if he does not come by a vessel, transportation line, or other conveyance or vehicle or when collection from the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance, or vehicle bringing such alien into the United States is impracticable.* (Sec. 2, 39 Stat. 875; 8 U.S. C. 132)

*For statutory citation, see note to 8 105.1,

Sec.

Sec. 107.1 Classification of passengers. 107.10 Forms required; specifica. 107.2 Vessels touching at more than

tions as to citizens. one port.

107.11 Forms required; specifica107.3 Landing at port other than

tions as to departing pagmanifested.

sengers; time for filing. 107.4 Final port; checking of 107.12 Form required by $107.15; aliens ; abandonment of

specification. voyage.

107.13 Forms, by whom supplied ; 107.5 Preparation of manifests.

penalty. 107.6 Grouping of aliens on mani- 107.14 Information required; for fest.

eign officials. 107.7 Certain nonimmigrants; how 107.15 Report of illness en route. manifested.

107.16 Data concerning cost of 107.8 Stowaways; how manifested.

transportation. 107.9 Forms required; specifica- 107.17 Manifests of aliens from fortions as to aliens.

eign contiguous territory. 107.1 Classification of passengers. All passengers, arriving in or departing from the United States by water, either directly or through the designated Canadian seaports, and whether aliens or citizens of the United States, shall, for the purposes of section 12 of the Act of February 5, 1917 (39 Stat. 882; 8 U. S. C. 148), be classified on manifests as first cabin, second cabin, tourist third cabin, or third class, according to the class in which they travel. These manifests shall also contain the names of passengers embarking at foreign ports destined to other foreign ports on vessels touching at ports of the United States, and passengers arriving on vessels destined from a foreign port to a United States port where such vessels stop en route at intermediate ports of the United States.* (Sec. 13, 39 Stat. 884; 8 U. S. C. 149)

*88 107.1 to 107.17, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. O. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

107.2 Vessels touching at more than one port. Where vessels touch at more than one United States port, passengers will be manifested for the United States port of destination or final United States port of call, and such manifests shall be presented at all intermediate ports in the United States and a notation made in the space following the last numbered column on Forms 1-400 and 1-430, showing the port or ports at which passengers are granted shore leave. This notation will be simply an abbreviation of the name of the port.* (Sec. 12, 39 Stat. 882; 8 U. S. C. 148)

107.3 Landing at port other than manifested. When any passenger desires regularly to land at any port in the United States other than the one to which he is manifested, his name will be stricken by the ship's officers from the manifest upon which originally recorded and transferred to the manifest intended for the port where he wishes to land. Such change on the manifest will be made only with the prior knowledge of the boarding officer and will be attested by his signature and title placed opposite each entry on the two manifests involved, e. g., opposite the deleted entries he will note:

Immigrant In

*For statutory citation, see note to 8 107.1.

868700o_44431

729

tor."*

spector.” On the manifest to which the name is transferred he will note:“Transferred from manifest of passengers for dated

Immigration Inspec(Secs. 12, 13, 39 Stat. 882, 884; 8 U.S. C. 148, 149) 107.4 Final port; checking of aliens; abandonment of voyage. At the final port of call a check shall be made to determine the presence on board of all aliens who have been granted shore leave at intermediate ports, the manifests to be taken up at such final port of call. Forms I-428 will be furnished at the port of embarkation of alien and citizen passengers. If any such passenger abandons the voyage at an intermediate United States port, notification shall be given to port of embarkation by the steamship company.* (Secs. 12, 13, 39 Stat. 882, 884; 8 U. S. C. 148, 149)

107.5 Preparation of manifests. All manifests must be typewritten or printed in the English language. First cabin passengers shall be listed on pink, second cabin on yellow, tourist third cabin on light blue, and third class on white manifests. (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S. C. 148, 149)

107.6 Grouping of aliens on manifest. Transportation companies shall assemble or group together, to the fullest extent possible, all aliens coming from the same locality, also all members of a family, and the names of all members of a family shall appear upon the same manifest sheet when such members travel in the same class. Where the members of a family travel in different classes, appropriate cross references to this fact should be made on the several manifest sheets on which their names are listed, so that the immigration authorities may consider their cases together.* (Secs. 12, 13, 39 Stat. 882, 884; 8 U. S. C. 148, 149)

107.7 Certain nonimmigrants; how manifested. All nonimmigrants as defined by section 8 (2), (3), and (6) of the Immigration Act of 1924 (43 Stat. 154, 47 Stat. 607; 8 U. S. C. 203) arriving by water at the ports of the United States shall be listed and classified separate and apart from immigrants generally, and grouped and assembled in the manner required by $S 107.5, 107.6. To each nonimmigrant or head of a family of nonimmigrants shall be given a ticket on which shall be written his name, a number or letter, followed by the letters NI, designating the list in which his name and other information are contained and his number on said list. Such list shall be plainly marked "Nonimmigrant mani.

(Secs. 12, 13, 39 Stat. 882, 884; 8 U.S. C. 148, 149) 107.8 Stowaways; how manifested. Alien stowaways shall be manifested and produced for inspection in the same manner as are other aliens, and the fact that they were stowaways shall be indicated on the manifest.* (Secs. 12, 13, 89 Stat. 882, 884; 8 U.S. C. 148, 149)

107.9 Forms required; specifications as to aliens. The typewritten or printed lists or manifests required by section 12 of the Act of February 5, 1917 (39 Stat. 882; 8 U. S. C. 148), and paragraph (e), section 2, of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 202 (e)), with respect to arriving aliens shall be typewritten or printed in the English language on commercial

fest.” *

*For statutory citation, see note to $ 107.1

ledger paper 40. by 1842 inches, 50 pounds, color, pink for first cabin, yellow for second cabin, light blue for tourist third cabin, and white for third-class passengers, and according in every respect to Forms I-400, I-401, 1-402, and I-403, as approved by the Commissioner of Immigration and Naturalization, or in such form or forms as may hereafter be prescribed.*

107.10 Forms required; specifications as to citizens. The information required by section 12 of the Immigration Act of 1917 (39 Stat. 882; 8 U. S. C. 148), in relation to arriving United States citizens shall be typewritten or printed in the English language on commercial ledger paper 36 by 1842 inches, basis 50 pounds, in sheets 18 by 1872 inches, color, pink for first cabin, yellow for second cabin, light blue for tourist third cabin, and white for third-class passengers, and according in every respect to Forms I-430, 1-431, 1-432, and I-433, now in use and approved by the Commissioner of Immigration and Naturalization, or in such form or forms as may hereafter be prescribed.*

107.11 Forms required; specifications as to departing pas. sengers; time for filing. The list required by section 12 of the Immigration Act of 1917 containing information regarding alien passengers and citizens of the United States and its insular possessions departing from the United States and its insular possessions, either permanently or temporarily, shall be typewritten or printed in the English language on commercial ledger paper in sheets 21 by 16 inches (substance 32), color white, according in every respect to Form I-428 now in use and approved by the Commissioner of Immigration and Naturalization, or on such form or forms as hereafter may be prescribed. Such lists shall be deposited with the immigration officials before the departure of the vessel, except that in the case of vessels making regular trips to ports of the United States such lists may be delivered to the immigration officials at the port of departure within twenty-four hours after departure of the vessel. (Sec. 12, 39 Stat, 882; 8 U.S. C. 148).*

107.12 Form required by $ 107.15; specification. The report required by $ 107.15, shall be typewritten or printed in the English language on white commercial ledger paper 17 by 28 inches, basis 851/2 pounds, in sheets 17 by 14 inches, and according in every respect to Form I-442 now in use and approved by the Commissioner of Immigration and Naturalization, or on such form or forms as may hereafter be prescribed.* (Sec. 13, 39 Stat. 884; 8 U. S. C. 149)

107.13. Forms, by whom supplied; penalty. The master or commanding officer, owners, or consignees of steamers, sailing, or other vessels plying between the United States and foreign ports or between foreign ports and the designated Canadian seaports, having passengers on board, are required to furnish the information provided for by sections 12 and 13 of the Immigration Act of 1917 (39 Stat. 882, 884; 8 U. S. C. 148, 149), and shall at their own expense furnish the forms referred to in 88 107.9–107.12, according to the specifications therein set out, and any failure, noglect, or omission to comply with the requirements of said sec

• For statutory citation, see note to $ 107.1.

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