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net tons burden without special license granted by the Secretary [of the Treasury] under such conditions as he may prescribe, nor in any other manner than by sea, except by aircraft duly licensed in accordance with law, or landed or unladen at any other port than is directed by law, under the penalty of seizure and forfeiture of all such unlicensed vessels or aircraft and of the merchandise imported therein, landed or unladen in any manner. Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found upon any such vessel or aircraft, shall be prima facie evidence of the foreign origin of such merchandise.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1706 (Aug. 5, 1935, c. 438, title I, § 6, 49 Stat. 519).

The words

"the Dominion of" preceding “Canada” have been deleted as surplusage; and

"of the Treasury" following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

SEC. 1105. CERTIFICATE FOR IMPORTATION OF ALCOHOLIC LIQUORS IN SMALL VESSELS; BOND WHERE LIQUOR DESTINED TO FOREIGN PORT; PENALTY FOR FAILURE TO CARRY; LOST, DEFACED, OR INCORRECT CERTIFICATE AS RELIEVING FROM PENALTY.-In addition to any other requirement of law, every vessel, not exceeding five hundred net tons, from a foreign port or place, or which has visited a hovering vessel, shall carry a certificate for the importation into the United States of any spirits, wines, or other alcoholic liquors on board thereof (sea stores excepted), destined to the United States, said certificate to be issued by a consular officer of the United States or other authorized person pursuant to such regulations as the Secretary of State and the Secretary of the Treasury may jointly prescribe. Any spirits, wines, or other alcoholic liquors (sea stores excepted) found, or discovered to have been, upon any such vessel at any place in the United States, or within the customs waters, without said certificate on board, which are not shown to have a bona fide destination without the United States, shall be seized and forfeited and, in the case of any such merchandise so destined to a foreign port or place, a bond shall be required in double the amount of the duties to which such merchandise would be subject if imported into the United States, conditioned upon the delivery of said merchandise at such foreign port or place as may be certified by a consular officer of the United States or otherwise as provided in said regulations: Provided, That if the [collector] officer or employee designated by the Secretary of the Treasury for that purpose shall be satisfied, that the certificate required for the importation of any spirits, wines, or other alcoholic liquors was issued and was lost or mislaid without fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake, said penalties shall not be incurred nor shall such bond be required.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1707 (Aug. 5, 1935, c. 438, title I, §7, 49 Stat. 520; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary of the Treasury for + purpose" have been substituted for "collector" because the office of "col

lector of customs" was abolished by 1965 Reorganization Plan No. 1. The words "of the Treasury" are included here notwithstanding the definition of "Secretary" as "Secretary of the Treasury" in section 101 of this act because the section also refers to the Secretary of State.

SEC. 1106. Allowing Lading of LiqUOR IN FOREIGN PORT WITH CERTIFICATE FOR IMPORTATION; PENALTY; PROCURING LADING WITH INTENT TO DEFRAUD REVENUE LAWS; PENALTIES.-(a) If the master of any vessel of the United States, not exceeding five hundred net tons, allows such vessel to be laden at any foreign port or other place without the United States with any merchandise destined to the United States and consisting of any spirits, wines, or other alcoholic liquors (sea stores excepted), which facts may be evidenced by the testimony or depositions of foreign administrative officials or certified copies of their records or by other sufficient evidence, without certificate issued for the importation of such merchandise into the United States as required by section [7] 1105 of this Act, the master of such vessel shall, in addition to any other penalties provided by law, be liable to a penalty equal to the value of the said merchandise but not less than $1,000 and such vessel and such merchandise shall be seized and forfeited.

(b) Whoever, being a citizen of the United States or a master or a member of the crew of a vessel of the United States, if such vessel does not exceed five hundred net tons, shall, with intent to defraud the revenue of the United States, procure, or aid or assist in procuring, any merchandise destined to the United States and consisting of any spirits, wines, or other alcoholic liquors, without certificate issued for the importation thereof into the United States as required by section [7] 1105 of this Act, to be laden upon such vessel at any foreign port or other place without the United States, which facts may be evidenced by the testimony or depositions of foreign administrative officials or certified copies of their records or by other sufficient evidence, shall, in addition to any other penalties provided by law, be liable to a fine of not more than $1,000 or to imprisonment for not more than two years, or to both such fine and imprisonment.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1708 (Aug. 5, 1935, c. 438, title I, § 8, 49 Stat. 520).

Changes have been made in phraseology as required in the context of this act.

SEC. 1107. DEFINITIONS.-When used in this [Act] chapter, in sections 246, 247, 260, 267, 902, 904, 910, 912, 915, 933, 1301, and 1303 of this Act and sections 401, 586, 592, 615, 619, and 621, Tariff Act of 1930, as amended

[(a)] (1) [The term] "United States", when used in a geographical sense, includes the Commonwealth of Puerto Rico and all [Territories] territories and possessions of the United States, except the Virgin Islands, the Canal Zone, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.

[(b) The term "officer of the customs" means any officer of the Customs Service or any commissioned, warrant, or petty

officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service.]

[(c)] (2) [The term "customs] "Customs waters" means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States.

[(d)] (3) [The term "hovering] "Hovering vessel" means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws repecting the revenue.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1709 (Aug. 5, 1935, c. 438, title IV, § 401, 49 Stat. 529; June 25, 1938, c. 679, § 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; June 30, 1955, c. 258, § 2(b), 69 Stat. 242).

The words "the term" have been deleted in three places as surplusage.

The words "the Commonwealth of Puerto Rico and" are included in subsection (a) to reflect the present status of this former possession. See act July 3, 1950, c. 446, §§ 1-6, 64 Stat. 319; § 1, Constitution of the Commonwealth of Puerto Rico (48 U.S.C. 731b-e, 737).

The word "territories" has been substituted for "Territories" because, with the admission of Alaska and Hawaii as States, there are no more incorporated Territories to which the term "Territories" is applicable.

Former subsection (b) has been omitted as covered by section 101 of this act. Changes have been made in phraseology as required in the context of this act.

CHAPTER 12-FEES

SEC. 1201. FEES TO BE CHARGED AND COLLECTED: GENERALLY.[There shall be allowed and paid for the use of the collectors] Officers or employees designated by the Secretary for that purpose shall charge and collect the following fees:

[First.] (1) For every entrance or clearance of any vessel of one hundred tons burden and upward, $2.50; of any vessel of less than one hundred tons burden, $1.50.

[Second. For every clearance of any vessel of one hundred tons burden and upward, $2.50.]

[Third. For every entrance of any vessel under the burden of one hundred tons, $1.50.]

[Fourth. For every clearance of any vessel under the burden of one hundred tons, $1.50.]

[Fifth.] (2) For every post entry, $2.

[Sixth. For every permit to land goods; 20 cents.]
[Seventh.] (3) For every bond taken officially, 40 cents.

[Eighth. For every permit to load goods for exportation, which are entitled to drawback, 30 cents.]

[Ninth.] (4) For every [debenture or other] official certificate or certification, except as prescribed in section 1205 of this Act, 20 cents. [Tenth. For every bill of health, 20 cents.]

[Eleventh.] (5) For every official document not elsewhere enumerated, registers excepted], required by any merchant, owner, or master of any vessel [not elsewhere enumerated], and for which fees are not prohibited by section 1206 of this Act, 20 cents.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 58 (R.S. 2654; Aug. 24, 1912, c. 355, § 1, 37 Stat. 434; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 1317).

The words "Officers or employees designated by the Secretary for that purpose shall charge and collect" have been substituted for "There shall be allowed and paid for the use of the collectors" before "the following fees:" in the introductory line in accordance with section 4 of the Plan of Reorganization of the Customs Service adopted under act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434; 1950 Reorganization Plan No. 26, and 1965 Reorganization Plan No. 1. The "Message from the President of the United States, Transmitting Plan of Reorganization of the Customs Service and Detailed Estimate of Expenses of the Same," dated Mar. 3, 1913 (see historical note following 19 U.S.C. 1), provided in section IV:

"There shall be one collector of customs for each of the customs collection districts above established, who shall receive the compensation hereafter set forth, which shall constitute all the compensation and emoluments to be received by him and which shall be in lieu of all fees, commissions, salaries, or other emoluments of any name or nature (including the right to charge for blank manifests and clearances under the provisions of section 2648 of the Revised Statutes) heretofore received by or allowed to him."

The authority of the collectors of customs became vested in the Secretary of the Treasury, subject to delegation, by 1950 Reorganization Plan No. 26, and the office of "collector of customs" was abolished by 1965 Reorganization Plan No. 1. Items first, second, third, and fourth have been combined into paragraph (1). Item fifth has been redesignated paragraph (2). Item sixth has been omitted as beyond the scope of this act. Item seventh has been redesignated paragraph (3). Item eighth has been omitted as beyond the scope of this act. Item ninth has been revised and redesignated paragraph (4). The reference to "debenture" has been deleted as obsolete, and the words "except as prescribed in section 1205 of this Act" have been added to indicate that any certificate or certified copy of a bill of sale, conveyance, mortgage, or hypothecation furnished shall be charged for at the rate of 20 cents a folio with a minimum charge of $1. Item tenth, relating to a "bill of health," has been deleted as obsolete. The foreign quarantine regulations found in subchapter F of part 71 of title 42, Code of Federal Regulations do not provide for issuance of a "bill of health" to vessels proceeding from an American port and specifically provide in 42 CFR 71.11 that:

"A vessel or aircraft at any foreign port clearing or departing for any port under the control of the United States shall not be required to obtain or deliver a bill of health."

Item eleventh has been revised and redesignated paragraph (5). The reference to "registers" has been deleted as covered by paragraph (2) of section 1206 of this act, and the phrase "and for which fees are not prohibited by section 1206 of this Act," has been added to make clear that fees may not be charged "vessels of the United States" for the issuance of official documents enumerated in that section. Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 1202. SAME: VESSELS NOT BELONGING TO CITIZENS OF THE UNITED STATES ON COASTWISE MOVEMENTS, EXCEPT THOSE NAVI

71-032-67-13

GATING CERTAIN FRONTIER WATERS OTHERWISE THAN BY SEA.The following fees shall be levied] charged and collected from the owners and masters of all vessels not belonging to a citizen or citizens of the United States, except those navigating the waters of the northern, northeastern, and northwestern frontiers[] otherwise than by sea:

[First.] (1) For granting a permit [for a vessel not belonging to a citizen or citizens of the United States,] to proceed from [district] one port or place in the United States to [district] another port or place within the same, and receiving the manifest, as provided in section 927 of this Act, $2.

[Second.] (2) For receiving a manifest[] and granting a permit, to [unload] unlade, [for] on such a [last-mentioned vessel vessel's, on her] arrival [in one district] at a port or place in the United States from another [district] port or place within the same, as provided in section 928 of this Act, $2.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 329 (R.S. § 4381; June 19, 1886, c. 421, § 1, 24 Stat. 79).

The words "port or place in the United States or port or place within the same” have been substituted for "district" in four places in this section consistent with sections 927 and 928 of this act and for the reasons stated in the note to section 245 of this act.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 1203. SAME: VESSELS NOT OF THE UNITED STATES ON COASTWISE MOVEMENTS NAVIGATING CERTAIN FRONTIER WATERS OTHERWISE THAN BY SEA.-The following fees shall be [levied] charged and collected from the owners and masters of vessels not of the United States navigating the waters of the northern, northeastern, and northwestern frontiers [,] otherwise than by sea:

[First.] (1) For certifying a manifest, including master's oath, and granting a permit for a vessel to go from [district] one port or place in the United States to [district] another port or place within the same, 10 cents.

[Second.] (2) For receiving a manifest, including master's oath, on arrival of a vessel [from] at one [collection district] port or place in the United States [to] from another port or place within the same, whether touching at foreign intermediate ports or not, 10 cents.

[Third. For a port entry of such vessel, $2.]

NOTE

This section is based on title 46, U.S.A., 1964 ed., § 330 (R.S. § 4382; July 5, 1884, c. 228, §§ 2, 3, 23 Stat. 132, 133; June 19, 1886, c. 421, § 1, 24 Stat. 79; Mar. 3, 1897, c. 389, § 9, 29 Stat. 689.)

The words "not of the United States" have been inserted following "vessels' in the introductory line consistent with 46 U.S.C. 331 (sec. 1206 of this act) which in part provides that no fees shall be charged or collected from vessels of the United States for certifying and receiving manifest, including master's oath, and permit.

The words "one port or place in the United States" or "port or place within the same" have been substituted for the word "district" consistent with sections 927, 928, and 1202 of this act and for the reasons stated in the note to section 245 of this act.

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