CHAPTER XXI IMPORTATION BY MAIL Postal Treaties SEC. 1. It is provided by Section 388 of the Revised Statutes that: "There shall be at the seat of Government an Executive Department to be known as the Postoffice Department, and a Postmaster General, who shall be the head thereof It is also provided by Section 398 of the Revised Statutes that: "For the purpose of making better Postal arrangements with foreign countries, or to counteract their adverse measures affecting our postal intercourse with them, the Postmaster General, by and with the advice and consent of the President, may negotiate and conclude postal treaties or conventions, and may reduce or increase the rates of postage on mail-matter conveyed between the United States and foreign countries." Universal Postal Convention SEC. 2. Acting under the above authority, the Universal Postal Convention of May 26, 1906, was entered into, forming a Universal Postal Union among the following countries: Germany and German Protectorates, United States of America and the Island Possessions of the United States of America, Argentine Republic, Austria, Belgium, Bolivia, Bosnia-Herze. govina, Brazil, Bulgaria, Chili, Chinese Empire, Republic of Colombia, Congo Free State, Empire of Corea, Republic of Costa Rica, Crete, Republic of Cuba, Denmark and Danish Colonies, Dominican Republic, Egypt, Ecuador, Spain and Spanish Colonies, Ethiopian Empire, France, Algeria, French Colonies and Protectorates of Indo-China, the whole of the French Colonies, Great Britain and various British Colonies, British India, the Commonwealth of Australia, Canada, New Zealand, British Colo nies of South Africa, Greece, Guatemala, Republic of Hayti, Republic of Honduras, Hungary, Italy and the Italian Colonies, Japan, Republic of Liberia, Luxemburg, Mexico, Montenegro, Nicaragua, Norway, Republic of Panama, Paraguay, Netherlands, the Dutch Colonies, Peru, Persia, Portugal and Portuguese Colonies, Roumania, Russia, San Salvador, Servia, King dom of Siam, Sweden, Switzerland, Tunis, Turkey, Uruguay, and United States of Venezuela. Articles to Which the Convention Applies SEC. 3. It is provided by Article 2 of the said Convention that: "The stipulations of this Convention extend to letters, postcards, both single and with reply paid, printed papers of every kind, commercial papers, and samples of merchandise originating in one of the countries of the Union and intended for another of those countries." The letters covered by this stipulation have reference to sealed letters forwarded in the ordinary or registered mail. As to printed papers, commercial papers and samples, it is provided by Article 5, Paragraph 3, of the Postal Convention that: "Printed papers of every kind, commercial papers, and samples of merchandise. . . . shall be made up in such manner as to admit of their being easily examined." This contemplates that such packages shall not be under seal. By Paragraph 5 of said Article 5 of the Convention it is furthermore provided that: "Packets of samples of merchandise may not contain any article having a saleable value. . . .' Prohibitions SEC. 4. Article 16 of the Convention, Paragraph 3, provides that: "It is forbidden: To insert in ordinary or registered correspondence consigned to the post: (a) Coin. (b) Articles liable to customs duty. (c) Articles of gold or silver, precious stones, jewelry and other precious articles, but only where their insertion or transmission is forbidden by the legislation of the countries concerned: Any articles whatsoever of which the importation or circulation is prohibited in the country of destination." While the importation through the ordinary or registered mail of articles liable to customs duty is thus prohibited, an exception has been made under Sub-division (c) of Paragraph 3 of Article 16 of the Convention in regard to precious stones, cut or uncut, it being provided by Treasury Decision 36718 of October 9, 1916, that: "Notice is hereby given that from and after this date packages, sealed and unsealed, registered or unregistered, containing precious stones, cut or uncut, may be imported in the regular mails from foreign countries, subject to all customs duties and customs regulations, in the same manner as though imported by parcel post, freight or express. "The packages must be plainly marked abroad with the words 'dutiable' and 'subject to examination by the United States customs officers,' and they may also be marked 'precious stones." Each package must contain an invoice giving an accurate statement of the value of the contents thereof." Undelivered Packages SEC. 5. Under Paragraph 4 of Article 16 of the said Convention it is further provided that: "Packets falling under the prohibitions of the foregoing paragraph 3, which have been erroneously admitted to transmission, should be returned to the postoffice of origin, except in cases where the Administration of the country of destination is authorized by law or by its internal regulations to dispose of them otherwise." Delivery of Prohibited Packages SEC. 6. Pursuant to the provisions of said Paragraph 4 of Article 16 of the Convention, it has been held under the rules and regulations prescribed by the Treasury Department that dutiable articles for warded in the ordinary or registered mail contrary to the provisions of the Universal Postal Convention become illegal importations upon arrival in the United States, and as such are liable to seizure under Section 3082 of the Revised Statutes (Chapter XXV, Section 6). Furthermore, that being thus liable to seizure, it is within the authority of the Secretary of the Treasury to mitigate or remit the seizure under Section 5293 of the Revised Statutes (Chapter XXVI, Section 19). Suitable regulations have accordingly been prescribed authorizing the release of such importations from seizure in certain cases upon the payment of duties, or of a fine equal to the duties that would have been chargeable on the articles had the same been imported otherwise than through the ordinary or registered mail, it being provided by Article 299 of the Customs Regulations of 1915, as amended by T. D. 37779 of September 28, 1918, that: Article 299 of the Customs Regulations of 1915 is hereby amended to read as follows: "ART. 299. Universal postal convention-Ordinary mailsPrinted matter-Dutiable articles-Fines.-The importation of dutiable articles by mail (except books and printed matter), otherwise than as provided in the three preceding articles, is forbidden by the Universal Postal Convention. "The Postoffice Department defines printed matter to be 'al! impressions or reproductions made upon any paper or cardboard by means of printing, engraving, lithographing, or any other mechanical process easy to recognize, except the typewriter, letter press, or manifold copy.' "Dutiable articles so imported are therefore subject to seizure, but the seizure may be released under the following conditions: "When the collector is satisfied that there was no willful violation of the law and that steps have been taken or will be taken to prevent a repetition of the offense if the seizure is valued at less than $100, it may be released upon payment of the full amount of duties thereon, entry being made on customs Cat. No. 3419, the amount being accounted for as duties. If the mer chandise is valued at $100 or more and does not exceed $1000 in value, formal entry will be required. If several parcels from one sender to one addressee arrive in the same mail and their aggregate value is $100 or more, formal entry will be required. "If the collector is of the opinion that there has been a willful violation of the law and the value is less than $100, seizure may be released upon the payment of a fine equal to the foreign value plus the duty, the amount to be collected and reported as a fine on customs Cat. No. 3421. If the value is $100 or more and application is made for remission of the forfeiture the case will be submitted by the collector to the department for decision, together with his recommendation thereon. . . وو Fines Covered Into the Treasury Cannot Be Refunded SEC. 7. If the addressee or importer of the package liable to seizure as an illegal importation through the mails is dissatisfied with the amount of the duties or fine imposed as a condition precedent to the release of the seizure; that is to say, if he is dissatisfied with the valuation placed upon the imported merchandise by the customs officers making the appraisement, or if he is of the opinion that the rate of duty estimated by the collector as chargeable against the importation, had it been regularly imported otherwise than through the ordinary mail, is too high, he may notify the postmaster holding the package, the collector of customs making the assessment, or the Secretary of the Treasury to that effect, and request a review of the collector's action and a reduction of the duties, or of the fine imposed. If the addressee or importer desires to pursue this course he should withhold payment of the fine, if one has been imposed, until his request for a reduction has been finally disposed of, as no such reduction involving a refund can be made after the fine imposed has been covered into the Treasury in |