the same, together with the vessel, car, or other vehicle, shall be forfeited to the United States, and shall be held by such officer, to be disposed of as the law provides in other similar cases of forfeiture."

Failure to Declare

SEC. 5. Failure to declare dutiable articles contained in baggage may involve the penalties prescribed by Sections 2802 and 3082 of the Revised Statutes, which provide that:

R. S. 2802. "Whenever any article subject to duty is found in the baggage of any person arriving within the United States, which was not, at the time of making entry, of such baggage, mentioned to the collector before whom such entry was made, by the person making entry, such articles shall be forfeited, and the person in whose baggage it is found shall be liable to a penalty of treble the value of such article."

R. S. 3082. "If any person shall fraudulently or knowingly import or bring into the United States, or assist in so doing, any merchandise contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment or sale of such merchandise after importation, knowing the same to have been imported contrary to law, such merchandise shall be forfeited and the offender shall be fined in any sum not exceed ing five thousand dollars nor less than fifty dollars, or be imprisoned for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have or to have had possession of such goods, such possession shall be deemed sufficient to authorize conviction, unless the defendant shall explain to the satisfaction of the jury."

Baggage in Transit

SEC. 6. In regard to baggage in transit to a foreign country, it is provided by Paragraph CC of Section III of the Act of October 3, 1913, that:

"Any baggage or personal effects arriving in the United States in transit to any foreign country may be delivered by the parties having it in charge to the collector of the proper district, to be by him retained, without the payment or exaction of any import duty, or to be forwarded by such collector to the collector of the port of departure and to be delivered to such parties on their departure for their foreign destination, under such rules and regulations as the Secretary of the Treasury may prescribe."

CHAPTER XXX

MARKING OF IMPORTED MERCHANDISE

Country of Origin to Be Indicated

SEC. 1. In regard to the marking of imported merchandise, it is provided by Section IV of the Act of October 3, 1913:

"Par. F. Subsection I. That all articles of foreign manufacture or production, which are capable of being marked, stamped, branded, or labeled, without injury, shall be marked, stamped, branded, or labeled in legible English words, in a conspicuous place that shall not be covered or obscured by any subsequent attachments or arrangements, so as to indicate the country of origin. Said marking, stamping, branding, or labeling shall be as nearly indelible and permanent as the nature of the article will permit.

"All packages containing imported articles shall be marked, stamped, branded, or labeled so as to indicate legibly and plainly, in English words, the country of origin and the quantity of their contents, and until marked in accordance with the directions prescribed in this section no articles or packages shall be delivered to the importer.

"Should any article or package of imported merchandise be marked, stamped, branded, or labeled so as not accurately to indicate the quantity, number, or measurement actually contained in such article or package, no delivery of the same shall be made to the importer until the mark, stamp, brand, or label, as the case may be, shall be changed so as to conform to the facts of the

case.

"The Secretary of the Treasury shall prescribe the necessary rules and regulations to carry out the foregoing provision.

"Par. F. Subsection 2. If any person shall fraudulently violate any of the provisions of this Act relating to the marking, stamping, branding, or labeling of any imported articles or packages; or shall fraudulently deface, destroy, remove, alter, or obliterate any such marks, stamps, brands, or labels with intent to conceal the information given by or contained in such marks, stamps, brands, or labels, he shall upon conviction be fined in any sum not exceeding $5000, or be imprisoned for any time not exceeding one year, or both."

195

196

IMPORTERS FIRST AID

Packages Containing Spirituous Liquors

SEC. 2. It is also provided by Section 240 of the Criminal Code, under Chapter 9, entitled "Offenses Against Foreign and Interstate Commerce," that:

"Whoever shall knowingly ship or cause to be shipped from one State, Territory, or district of the United States, or place non-contiguous to but subject to the jurisdiction thereof, into any other State, Territory, or district of the United States, or place non-contiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or district of the United States, or place non-contiguous to but subject. to the jurisdiction thereof, any package of or package containing any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, unless such package be so labeled on the outside cover as to plainly show the name of the consignee; the nature of its contents, and the quantity contained therein, shall be fined not more than five thousand dollars; and such liquor 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." (T. D. 30393.)

CHAPTER XXXI

TRADE-MARKS

The Recording of Trade-Marks

SEC. 1. In order to prevent the importation of any article which shall simulate any duly recorded trade-mark, it is provided by Section 27 of the Act approved February 20, 1905:

"That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of this Act, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any custom house of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade-marks and commercial names may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trade-mark, issued in accordance with the provisions of this Act, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department fac-similes of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs."

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Rights of Owner

SEC. 2. It is also provided by Section 3 of the Act approved May 4, 1906:

"That any owner of a trade-mark who shall have a manufacturing establishment within the territory of the United States shall be accorded, so far as the registration and protection of trade-marks used on the products of such establishment are concerned, the same rights and privileges that are accorded to owners of trade-marks domiciled within the territory of the United States by the Act entitled 'An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same, approved February twentieth, nineteen hundred and five."

For regulations in full carrying these provisions of law into effect, see Treasury Decision 38035. (Exhibit XI, Appendix.)