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this section unless the collector of customs shall be satisfied that the failure to produce the required invoice is due to causes beyond the control of the owner, importer, consignee, or agent. [36 Stat. L. 174.]
Sec. 18. [Production before American consul — exceptions — declaration by purchaser.] That invoices required by the preceding section shall at or before the shipment of the merchandise, be produced to the consul, viceconsul, or commercial agent of the United States of the consular district in which the merchandise was manufactured or purchased, as the case may be, when importation into the Philippine Islands is from a country other than the United States of America or any territory or place under the jurisdiction and control of the Government thereof: Provided, That the insular collector of customs may, in his discretion, dispense with the requirement for the consular invoices prescribed in this section in case the merchandise for which entry is sought is free of duty under this Act, in which event a commercial invoice certified by the purchaser, manufacturer, seller, owner, or agent shall be filed: And provided further, That when the importation is from the United States of America or any territory or place under the jurisdiction and control of the Government thereof production shall be to a collector of customs, deputy collector of customs, or United States commissioner.
Invoices shall have indorsed thereon when produced as above prescribed a declaration signed by the purchaser, manufacturer, seller, owner, or agent setting forth that the invoice is in all respects correct and true and was made at the place from whence the merchandise is exported to the Philippine Islands; that it contains, if the merchandise was obtained by purchase, a true and full statement of the time when, the place where, the person from whom the same was purchased, and the actual cost thereof, and of all charges thereon; and that no discounts, bounties, or drawbacks are contained in the invoice except such as have been actually allowed thereon; and when obtained in any other manner than by purchase, the actual market value or wholesale price thereof, at the time of exportation to the Philippine Islands, in the principal markets of the country from which exported; that such actual market value is the price at which the merchandise described in the invoice is freely offered for sale to all purchasers in said markets, and that it is the price which the manufacturer, seller, owner, or agent making the declaration would have received and was willing to receive for such merchandise sold in the ordinary course of trade in the usual wholesale quantities, and that it included all charges thereon; that the numbers, weight, or quantity stated is correct, and that no invoice of the merchandise described differing from the invoice so produced has been or will be furnished to anyone.
If the merchandise was actually purchased, the declaration shall also contain a statement that the amount shown and the currency stated in such invoice is that which was actually paid for the merchandise by the purchaser, Said declaration shall be duly sworn to by the purchaser, manufacturer, owner, or agent before the officer to whom produced. [36 Stat. L. 175.]
Sec. 19. [Report of frauds, etc.] That consuls, vice-consuls, commercial agents, collectors of customs, deputy collectors of customs, and commis
sioners of the United States of America having any knowledge or information of any case or practice by which any person obtaining verification of any invoice defrauds or may defraud the revenue of the Philippine Islands shall report the facts to the insular collector of customs. [36 Stat. L. 176.]
Sec. 20. [Inspection of United States Government vessels.] That United States Government vessels, whether transports of the army or naval vessels, when coming from the United States or a foreign port to the ports of the Philippine Islands, shall be subject to the same inspection by customs officers of the Philippine government, for the purpose of determining whether they have on board articles of merchandise dutiable under the laws of the Philippine Islands, as such United States Government vessels are subject to by customs officers of the United States Government when such vessels enter ports of the United States from foreign countries, for the purpose of determining whether such vessels have on board articles or merchandise dutiable under the laws of the United States. [36 Stat. L. 176.]
DRAWBACKS SEC. 21. [Drawback — fuel.] That on all fuel imported into the Philippine Islands which is afterwards used for the propulsion of vessels engaged in trade with foreign countries, or between ports of the United States and the Philippine Islands, or in the Philippine coastwise trade, a refund shall be allowed equal to the duty imposed by law upon such fuel, less one per centum thereof, which shall be paid under such rules and regulations as may be prescribed by the insular collector of customs. [36 Stat. L. 176.] SEC. 22. [Drawback
articles of imported materials, etc.] That upon the exportation of articles manufactured or produced in the Philippine Islands, including the packing, covering, putting up, marking, or labeling thereof, either in whole or in part of imported materials, or from similar domestic materials of equal quantity and productive manufacturing quality and value, such question to be determined by the insular collector of customs, there shall be allowed a drawback equal in amount to the duties paid on the imported materials so used, or where similar domestic materials are used, to the duties paid on the equivalent imported similar materials, less one per centum thereof: Provided, That the exportation shall be made within three years after the importation of the foreign material used or constituting the basis for drawback: And provided further, That when the articles exported or coverings thereof are in part of material grown or produced in the Philippine Islands not subject to drawback under this Act, the imported materials, or the similar domestic materials of equal quantity and productive manufacturing quality and value entitled to drawback, shall so appear in the completed articles or packages that the quantity or measure thereof may be ascertained: And provided further, That the imported materials, or domestic materials entitled to drawback under this Act, for which drawback is claimed, shall be identified; that the quantity of such materials used and the amount of duty paid thereon or if domestic materials, paid upon its equivalent, shall be ascertained ; and that the fact of their exportation shall be established; and the refund if made shall be paid to the manufacturer, producer, or exporter, to the agent of any of them or to the person such manufacturer, producer, exporter or agent shall, in writing, order such refund paid, under and in accordance with such rules and regulations as the insular collector of customs may prescribe: Provided, however, That no drawback shall be paid under this section on account of any articles, goods, wares, or merchandise exported to the United States of America or to any Territory or place under the jurisdiction and the control of the Government thereof, wherein such articles, goods, wares, or merchandise are admitted free of duty. [36 Stat. L. 176.)
SEC. 23. [Return of containers, etc.] That containers, such as casks, large metal, glass, or other receptacles which are, in the opinion of the collector of customs, of such a character as to be readily identifiable may be delivered to the importer thereof upon identification and the giving of a bond with sureties satisfactory to the collector of customs in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon within one year from the date of importation, under such rules and regulations as the insular collector of customs shall prescribe. [36 Stat. L. 177.]
SEC. 24. [Internal revenue tax on imports.] That in addition to the taxes imposed by this Act there shall be levied and collected on goods, wares, or merchandise when imported into the Philippine Islands from countries other than the United States the internal revenue tax imposed by the Philippine government on like articles manufactured and consumed in the Philippine Islands or shipped thereto, for consumption therein, from the United States. [36 Stat. L. 177.]
This section was apparently superseded by the eighth proviso of the Act of Oct. 3, 1913, ch. 16, § IV C, supra, p. 1187.
SEC. 25. [Enforcement of Act.] That the insular collector of customs shall, subject to the approval of the secretary of the department having jurisdiction over the customs service, make all rules and regulations necessary to enforce the provisions of this Act. [36 Stat. L. 177.]
Sec. 26. [Trademarks — jurisdiction of Philippine Courts.] That original jurisdiction in all cases arising in the Philippine Islands is hereby conferred upon the courts of first instance of the Philippine Islands and appellate jurisdiction upon the supreme court of the Philippine Islands in matters arising under the Act of Congress approved February twentieth, nineteen hundred and five, entitled "An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the other States or with Indian tribes and to protect the same,” identical with the jurisdiction conferred upon courts of the United States by section seventeen of said Act. [36 Stat. L. 177.]
For the Act of Feb. 20, 1905, ch. 592, mentioned in the text see TRADEMARKS.
SEC. 27. [Repeal — saving clause.] That all existing decrees, laws, regulations, orders, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed, but the repeal of such decrees, laws, regulations, or orders, or parts thereof, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal takes effect; but all rights and liabilities under said decrees, laws, regulations, or orders shall continue and may be enforced in the same manner as if said repeal had not been made. Any offenses committed and all penalties or forfeitures or liabilities incurred prior to the time when this Act shall take effect under any decree, law, regulation, or order embraced in, modified, changed, or repealed by this Act may be prosecuted or punished in the same manner and with the same effect as if this Act had not been passed. All Acts of limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in, modified, changed, or repealed by this Act shall not be affected thereby; and all suits, proceedings, or prosecutions, whether civil or criminal, for canses arising or acts done or committed prior to the time when this Act shall take effect may be commenced and prosecuted within the same time and with the same effect as if this Act had not been passed. [36 Stat. L. 177.]
Sec. 28. [Effect.] That this Act shall take effect sixty days after its passage. Approved, Eight minutes after Five o'clock P. M.
August 5th, 1909. [36 Stat. L. 178.] Validity and effect of ratification of col- 206 U. S. 370, 27 S. Ct. 742, 51 U. S. lection of tariff duties in Philippine (L. ed.) 1098, 11 Ann. Cas. 688, reversing Islands.— See U. S. v. Heinszen, (1907) (1907) 42 Ct. Cl. 58.
PHILIPPINE TARIFF ACT
See PHILIPPINE ISLANDS
PHYSICAL VALUATION OF PROPERTY
See INTERSTATE COMMERCE
See PUBLIC LANDS
CROSS-REFERENCES Violation of Rules for Preventing Collisions, see COLLISIONS. License and Regulations of Pilots, see OFFICERS OF MERCHANT VES
SELS; SHIPPING AND NAVIGATION, Criminal Liability for Loss of Life, see PENAL LAWS. Pensions for Pilots of War Vessels, see PENSIONS. Obstructions by Pilots of Navigable Waters, see RIVERS, HARBORS
AND CANALS. Regulations for Panama Canal, see RIVERS, HARBORS AND CANALS. Liability for Damage, see STEAM VESSELS.
Sec. 4235. [State regulation of pilots.] Until further provision is made by Congress, all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively enact for the purpose. [R. S.]
Act of Aug. 7, 1789, ch. 9, 1 Stat. L. 54. Sections 4235-4237 are a part of chapter 5. (“ Navigation ") of title 48 (“ Regulation of Commerce and Navigation ") of the Revised Statutes.
See also, as to state regulations of pilots, R. S. sec. 4444, infra, p. 1248.
In general.-- In Anderson 1. Pacific it necessary to exercise its power, it Coast Steamship Co., (1912) 225 U. S. should be left to the legislation of the 187, 32 S. Ct. 626, 56 U. S. (L. ed.) 1047, states,' and it has long been established the court said: “ When the Constitution by the decisions of this court that alof the United States was adopted, each though state laws concerning pilotage are state had its own regulations of pilotage. regulations of commerce they fall within While this subject was embraced within that class of powers which may be exerthe grant of the power “to regulate com- cised by the states until Congress shall merce with foreign nations, and among the see fit to act.” several states' (Art. 1, $ 8), Congress did Authority of Congress to legislate renot supersede the state legislation, but by specting pilotage.- Jurisdiction over the the Act of August 7, 1789, c. 9, 8 4 (1 Stat. subject of pilotage is conferred upon the 53, 54; R. S. sec. 4235), it was enacted federal government by the third clause of that all pilots in the bays, inlets, rivers, article VII of the Constitution, which proharbors, and ports of the United States, vides for the regulation of commerce. The shall continue to be regulated in conform- Clymene, (E. Ď. Pa. 1881) 9 Fed. 164, ity with the existing laws of the states affirmed (E. D. Pa. 1882) 12 Fed. 346. respectively wherein such pilots may be, Under that clause of the Federal Conor with such laws as the states may re
stitution giving Congress power to regu. spectively hereafter enact for the purpose, late commerce with the foreign nations until further legislative provision shall be and among the states it became vested made by Congress. This was 'a clear with authority over the subject of the and authoritative declaration by the first pilotage of vessels in all the ports of the Congress, that the nature of this subject Union. Congress has however never so is such, that until Congress should find legislated as to repeal or supersede the