rectly by such vessel with the use of no | uct obtained by the transferor from a other boats than those carried as its particular lot of wool or hair received by regular equipment. him for processing, (2) contains, with respect to such lot, an abstract of the above-mentioned data, and (3) is supported by the affidavit prescribed in paragraph (e) of this section. amended by T.D. 50000, Oct. 26, 1939; 4 [As F.R. 4445] No whale, fish, or marine animal oil of a class or kind for which a rate of import tax is provided in section 2491 (a), I.R.C., shall be admitted without entry, notwithstanding the provisions of article 489 (b), Customs Regulations of 1937, as amended by (1938) T.D. 49682.1 If entry free of the import tax imposed by section 2491 (a), I.R.C., is claimed for any whale, fish, or marineanimal oil or fatty acid derived there- § 8.101 Records and reports of enufrom because of its production in the merated articles or wool or hair delivUnited States, the case should be sub- | ered; transfer certificates. mitted to the Bureau for decision. For the purposes of this section, the term "United States," when used in a geographical sense, includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia (sec. 3797 (a), I.R.C.). In view of the provisions of section 2493 (3), I.R.C., oils or fatty acids of the character described in the proviso to section 2491 (a) and produced in the Philippine Islands, Virgin Islands, Puerto Rico, Guam, or American Samoa, of a class or kind for which a rate of import tax is provided in section 2491 (a), I.R.C., shall not be admitted free of the import tax notwithstanding that they may have been produced from whales, fish, or marine animals taken and captured by vessels of the United States. (R.S. 251, sec. 624, 46 Stat. 759, sec. 2494, I.R.C., 53 Stat. 268; 19 U.S.C. 66, 1624, 26 U.S.C., Sup.. 2494) [As added by T.D. 49966, Sept. 19, 1939; 4 F.R. 4032] WOOL AND HAIR OF THE CAMEL FOR USE IN MANUFACTURING NOTE: Paragraph (d) of this section was amended by the addition of the above sentence at the end thereof, by T.D. 50000, Oct. 26, 1939; 4 F.R. 4445. * (e) Wool or hair transferred by one bonded manufacturer, processor, or dealer to another manufacturer, processor, or dealer, shall be covered by a transfer certificate on customs Form 7531-A. Such certificates shall, in cases where the transfer is made by a dealer, be filed within 30 days after the date of the transfer, and, in cases where the transfer is made by a manufacturer or processor, shall be filed within the period allowed for the filing of the abstract on which the transfer is required to be reported. * [As amended by T.D. 50000, Oct. 26, 1939; 4 F.R. 4445] NOTE: Paragraph (e) of this section was amended by substituting two sentences for the former first sentence by T.D. 50000, Oct. 26, 1939; 4 F.R. 4445. PART 9-PACKING, STAMPING AND § 9.8 Marking of articles and pack § 8.100 Records of manufacture; ab- ages to indicate country of origin. stracts. (d) (j-1) The compensation of customs In the case of prelimi- officers and employees assigned to supernary processors, such as pullers, sorters, vise the exportation, destruction, or washers, scourers, and carbonizers, trans-marking of articles so as to exempt them fer certificates on customs Form 7531-A from the application of marking duties covering wool or hair processed and shall be computed at the gross regular transferred by them may be accepted by hourly rate of pay of the customs officer the collector as abstracts of the manu- or employee so assigned, except to the facturing records, if the certificate (1) extent that such supervision is performed shows that the quantity of wool or hair by a customs officer or employee in an transferred is the entire quantity of prod- overtime status, in which case the compensation with respect to the overtime shall be computed in accordance with 13 F.R. 2033. ments mentioned in paragraph (c) as are required to show the ownership of the applicant; three uncertified printed facsimiles of the statement and drawing covering the trade-mark for deposit in the Treasury Department, and a sufficient number of such facsimiles to enable the Bureau to forward copies to the headquarters ports of the customs districts named in the application. The number of facsimiles required for each of the several customs districts and the names of the headquarters ports of those districts are as follows: § 22.23 or § 22.24. The time for which | 85, 107, 121-128); such of the docucompensation is charged shall include all periods devoted to the supervision and all periods during which such officers or employees are away from their regular posts of duty by reason of such assignment and for which compensation to such officers and employees is provided for by law. In formulating charges for expenses pertaining to such supervision, there shall be included all expenses of transportation, per diem allowance in lieu of subsistence, and all other expenses incurred by such officers and employees by reason of such supervision. If the aggregate amount of compensation and expenses with respect to a single assignment, computed as herein provided, is less than 50 cents, no charge shall be made with respect to such assignment. If the importations of more than one importer are concurrently supervised, the service rendered for each importer shall be regarded as a separate assignment, but the total amount of the compensation, and any expenses properly applicable to more than one importer, shall be equitably apportioned among the importers concerned. added by T.D. 49842, Apr. 11, 1939; 4 F.R. 1619] § 9.14 Trade-marks; recording. [As (b) To record a trade-mark with the Treasury Department an application must be addressed to the Treasury Department, Bureau of Customs, Washington, D. C. (which may be in the form of a letter), stating therein the name, residence, and citizenship of the owner or owners (if a partnership, the citizenship of each partner; if a corporation or association, the country or state within which it was organized or created); the name of the locality in which the goods are manufactured, and the customs districts (designated by the names of the headquarters ports listed below) in which the applicant desires to have facsimiles of the statement and drawing recorded. The application must be accompanied by one certified copy of the original certificate of registration issued by the Commissioner of Patents in accordance with the Trade-Mark Act of February 20, 1905 (33 Stat. 724; 15 U.S.C. 81-109), or the Trade-Mark Act of March 19, 1920 (41 Stat. 533; 15 U.S.C. 7 Baltimore, Md. 3 Charleston, S. C. 4 Charlotte Amalie, St. Thomas, V. I. 6 Chicago, Ill. 11 Cleveland, Ohio. 7 Detroit, Mich. 6 Galveston, Tex. 3 Indianapolis, Ind. 5 New Orleans, La. 15 Ogdensburg, N. Y. 1 Salt Lake City, Utah 7 San Francisco, Calif. 4 Savannah, Ga. 20 Seattle, Wash. 21 Tampa, Fla. 4 Wilmington, N. C. No fee is charged for recording trademarks in the Treasury Department. [As amended by T.D. 50005, Nov. 1, 1939; 4 F.R. 4522] PART 10-EXAMINATION, CLASSIFI- GRAIN AND GRASS SEEDS are of a size less than three-quarters or more than one and one-half, in linear dimension, of each part of such stamp. [As amended by T. D. 49922, July 28, 1939; 4 F.R. 3505] * * (c) Under 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 § 10.14 Examination of seeds; release in stamps and publishers of and dealers under bond. After samples of seed of-in philatelic and historical articles, books, fered for importation into the United journals, and albums) of black and white States from any foreign country have illustrations of canceled and uncanceled been drawn, such seed shall be admitted United States postage stamps (including into the commerce of the United States postage stamps impressed upon stamped only after the seed has been found to be envelopes and postal cards) are perneither adulterated nor unfit for seed-mitted, Provided, That such illustrations ing purposes within the meaning of the Federal Seed Act and to have been colored as required by 7 CFR 201.9: Provided, however, That if each and every container of such seed bears a sufficient mark of identification, collectors of customs may release shipments which have been sampled, pending examination and decision in the matter, upon the execution on the appropriate form of a customs single-entry or term bond, containing a condition for the redelivery of the seed, or any part thereof, upon demand of the collector of customs at any time, in such amount as is prescribed for such bonds in the customs regulations in force on the date of entry. Prior to being so admitted, the seed shall be kept intact and not tampered with in any way, or removed from the containers except under Government supervision. The bond shall be filed with the collector of customs, who, in case of default, shall take appropriate action to effect the collection of liquidated damages equal to the invoice value of the entire shipment, plus the estimated duties thereon, if any. (Sec. 1, 37 Stat. 506, 39 Stat. 453, sec. 1, 44 Stat. 325; 7 U.S.C. 111) [As amended by T.D. 50000, Oct. 26, 1939; 4 F.R. 4445] CROSS REFERENCE: For Federal Seed Act regulations and notices, see 7 CFR Part 201. CROSS REFERENCE: For regulations governing illustrations of United States postage stamps, see 31 CFR Part 400. PART 11-SAMPLING, WEIGHING AND GAUGING OF MOLASSES AND SIRUPS § 11.18 Plans of storage tanks. Where molasses or sirups are imported in bulk in tank vessels and are to be pumped or discharged into storage tanks, the gallonage capacity of the latter, per inch in height, shall be ascertained while the storage tank is empty on the basis of 231 cubic inches to the gallon. Before the discharging is permitted, there must be on file in the customhouse a certified copy of the plans of the storage tank, showing all inlets and outlets and stat depth of the unfilled part of the tank. Deduct the "ullage" or depth of the un lished height of the calibrated part of the tank and the result is the depth of the liquid in the tank. (2) Innage method. The depth of the liquid in the tank is measured with a ing accurately the distance between the calibrated part of the tank and any fixed gauging point that may have been estab-filled part of the tank from the established atop the tank. All outlets of the storage tank shall be sealed by the gauger before pumping begins. In the event a storage tank is partially filled with molasses or sirups, the gauger will ascertain the quantity contained therein before the pumping of the new importation is commenced. He shall also carefully examine the pump line to see that the same is in good condition. (R.S. 251, sec. 624, 46 Stat. 759; 19 U.S.C. 66, 1624.) [As amended by T.D. 50053, Dec. 27, 1939; 4 F.R. 4983] § 11.19 Time of gauging. NOTE: This section was amended by adding the words "or sirup" after the word "molasses." by T.D. 50053, Dec. 27, 1939; 4 F.R. 4983. § 11.20 Tank gauging. (a) The report of the gauging of the molasses or sirup shall show the number of gallons of such molasses or sirup and the temperature thereof in degrees centigrade at the time of gauging. Report as to gauge and temperature shall be made to the examiner (customs Form 5991). When a fixed gauge point has been established atop any tank and an accurate statement of the distance between such gauge point and the calibrated part of the tank is on file in the customhouse, as provided in § 11.18, the amount of molasses or sirup in any such tank must be measured by one of the two methods described in paragraph (b). In the event a tank has no such established gauge point the amount of molasses or sirup in the tank must be measured by the second method described in paragraph (b). (b) The two methods of gauging are as follows: sectional steel rod having a removable brass scale expressed in inches and eighths of inches. The rod is let down until it touches bottom. The figure at the wet part of the brass scale is then read and the depth of the liquid is determined. (c) If there is foam present the gauging, under either method, shall be made with the use of a "foam can" which shall be furnished by the owners or operators of the tanks to be gauged. The "foam can" shall be of sufficient the foam into the molasses and shall be length and weight to penetrate through of sufficient width or diameter to allow for the free passage of the plumb bob or gauging rod. There shall be a removable plug at the bottom of the can so that when the can has penetrated through the foam into the molasses this plug may be removed to permit the molasses to flow into the can to the level of the molasses in the tank, the sides of the can excluding the foam. The top of the can shall be fitted with suitable hooks for attaching ropes for lowering. When the foam can is used, the plumb bob or gauging rod is lowered through the can and the gauge is registered without the presence of the foam. This procedure shall be followed on immediate gauging as well as gauging after the lapse of the 20-day period in all cases where foam is present. No allowance shall be made for occluded air or other (1) Outage (ullage) method. A steel gases in the body of the molasses or tape graduated in inches and eighths of sirup. The depth of the imported moinches with plumb bob attached is low-lasses or sirup having been ascertained ered from the gauge point atop the tank to below the surface of the liquid in the tank. The measurement shown on the tape at the gauge point is then noted and such measurement, less the length of the tape which was wet by immersion in the liquid, represents the distance from the surface of the liquid to the gauge point. Deduct from this measurement the distance from the gauge point to the top of the calibrated part of the lasses," by T.D. 50053, Dec. 27, 1939: 4 F.R. tank and the result is the "ullage" or in inches, the result will be multiplied by the number of gallons per inch in height previously ascertained when the storage tank was measured empty. (R.S. 251, sec. 624, 46 Stat. 759; 19 U.S.C. 66, 1624) [As amended by T.D. 50053, Dec. 27, 1939; 4 F.R. 4983] § 11.21 Gauging tank cars. NOTE: This section was amended by adding the words "or sirup" after the word "mo 4983 WOOL AND HAIR examination until it has been released from customs custody; that, if such mer § 11.49 Entry; affidavit of clean con-chandise has been corded and sealed, the tent; examination of shipment by importer; marking of packages. NOTE: Paragraph (c) (2) of this section was revoked by T.D. 50053, Dec. 27, 1939; 4 F.R. 4983. PART 12-APPRAISEMENT cords and seals shall be kept intact until NOTE: The second sentence of paragraph § 12.2 Examination of merchandise; (c) of this section was amended by T.D. procedure. 50000, Oct. 26, 1939; 4 F.R. 4446. NOTE: The finding with respect to phosphate rock from Morocco, vacated by T.D. 49964, Sept. 18, 1939; 4 F.R. 4002, was vacated as of Feb. 9, 1928, the date of issuance on the grounds that the finding was not justified. T.D. 50021, Nov. 27, 1939; 4 F.R. 4725, states that findings of dumping with respect to wood pulp imported from foreign countries are not justified. |