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Section, and Philroy C. Gale, Chief, Operations Section, are each hereby authorized to separately enter into construction contracts in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. The authority granted by this section includes the au

thority to issue 'change orders and extra work orders pursuant to a contract, and to enter into modifications of a contract which are legally permissible, but does not include the authority to terminate a contract. (Secs. 3, 12, 60 Stat. 238, 244; 5 U.S.C. 1002, 1011) (Delegation, Mar. 24, 1947, 12 F.R. 2050]

TITLE 19—CUSTOMS DUTIES

Part

Chapter 1-Bureau of Customs, Department of the Treasury....
Chapter II—United States Tariff Commission. --------

200

CHAPTER I–BUREAU OF CUSTOMS
DEPARTMENT OF THE TREASURY

• N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).

Part

Measurement of vessels. (Amended]
Documentation of vessels. (Amended]
Vessels in foreign and domestic trades. (Amended)
Customs relations with contiguous foreign territory. (Amended]
Air commerce regulations. (Amended]
Liability for duties, entry of imported merchandise. [Amended]
Importations by mail. (Amended]
Articles conditionally free, subject to a reduced rate, etc. (Amended)
Packing and stamping; marking; trade-marks and trade names; copyrights.

(Amended)
Special classes of merchandise. [Cross Reference]
Appraisement. (Amended)

Liquidation of duties. (Amended]
17 Protests and reappraisements. (Amended)

Transportation in bond and merchandise in transit. (Amended)
Customs warehouses and control of merchandise therein. (Amended]
Drawback. (Amended)
Enforcement of customs and navigation laws. (Amended]

Customs financial and accounting procedure. [Amended) 26 Disclosure of information. (Amended) 53 Importation free of duty of food, clothing, and medical, surgical and other

supplies under emergency proclamations of the President. (Amended) 54 Certain importations free of duty during the war. [Amended) 56 Extensions of time pursuant to proclamation of the President under section

318, Tariff Act of 1930. [Amended) 100 Organization; functions, and procedures of the Bureau of Customs.

(Amended]

18

23

Reg.

ABBREVIATIONS: The following abbreviations are used in this chapter:
App. Appendix, United States Code
CFR Code of Federal Regulations
F.R. Federal Register

Regulation
Reorg. Reorganization
R.S. Revised Statutes
Sec.(s) Section(s)
Stat. Statutes at Large
Supp. Supplement, Code of Federal Regulations
T.D. Treasury Decision

PART 2–MEASUREMENT OF (b) and (c) amended, by T.D. 51809, VESSELS

approved Dec. 18, 1947, 12 F.R. 8812] Sec. 2.46 Open shelter deck space. (Amended] 2.49 Dcductions from gross tonnage. PART 3—DOCUMENTATION OF (Amended)

VESSELS § 2.46 Open shelter deck space. ** Sec. (c) Coamings. * * * If any such

3.5 Vessels exempt from documentation,

(Amended] opening is guarded by rails or stanchions

3.17 Home port; definition; change of. they shall be so arranged that they may

(Revised] not be used to secure or assist in secur- 3.24 Change of master. (Amended] ing a cover over that opening.

$ 3.5 Vessels exempt from documenta

tion. (a) * * CODIFICATION: In the first sentence of (2) Canal boats, barges, or other boats $ 2.46 (c), the comma after the words "hatch used in whole or in part on canals or on covers" was changed to a period and the the internal waters of a State, without sentence set forth above was substituted in

sail or internal motive power of their lieu of the remainder of the paragraph by

own, not engaged in trade with contiguTreasury Decision 51617, Commissioner of Customs, approved Jan. 28, 1947, 12 F.R. 790.

ous foreign territory, and not carrying

passengers. $ 2.49 Deductions from gross ton (3) Barges or boats without sail or innage. * *

ternal motive power of their own plying (b) No space shall be deducted un

in whole or in part on inland rivers or less it has been included previously in lakes of the United States, not engaged the vessel's gross tonnage; is reasonable

in trade with contiguous foreign terriin extent for the purpose to which it is tory, and not carrying passengers. [Subappropriated; and is certified by mark- paragraphs (2) and (3) amended by ing as prescribed in paragraph (C) of T.D. 51627, approved Feb. 10, 1947, 12 this section showing that it is used ex- F.R. 1076] clusively for such purpose. (c) The marking required by para

$3.17 Home port; definition; change graph (b) of this section shall read:

of. (a) A vessel's home port "Certified for the accommodation of

is that Master,” “Certified to accommodate---

port where documents may be issued to seamen,” “Certified for boatswain's

vessels which has been fixed and deterstores," "Certified chart house," or "Cer

mined by the owner with the approval of tified W. C.,” as the case may be. Cer

the Commissioner of Customs or of an tifications for other deductible spaces

officer or employee of the Bureau desigshall read: "Certified ----," inserting an appropriate designation of the space. ”For the purposes of the navigation laws The following abbreviations may be used:

of the United States * . *, every vessel "Cert. Accom. Master," "Cert. Accom..

of the United States shall have a "home port"

in the United States, including Alaska, .Ha--- Seamen," "Cert. Boatswain's

waii, and Puerto Rico, which port the owner Stores," "Cert. Chart House," "Cert. W.

of such vessel, subject to the approval of C.,” or “Cert. ----," inserting the space the Director of the Bureau of Marine Inspecdesignation. The marking shall at all tion and Navigation of the Department of times be center-punched or otherwise Commerce (Commissioner of Customs), shall cut at least one-eighth of an inch in

specifically fix and determine, and subject

to such approval may from time to time metal, or carved or branded at least

change. Such home port shall be shown in three-eighths of an inch in wood over the

the register, enrollment, and license, or 11doorway on the inside of the deductible cense of such vessel, which documents, respace. Roman letters and Arabic nu spectively, are referred to as the vessel's docmerals of at least one-half of an inch in ument. The home port shown in the docuheight shall be used and shall be readily

ment of any vessel of the United States in

force on February 16, 1925, shall be deemed legible at all times. If desired, the mark

to have been fixed and determined in acing may be made on a plate of metal (but

cordance with the provisions hereof. • • • not of other material) permanently fas- (46 U. S. C. 18, sec. 102, Reorganization Plan tened in place by means of welding, riv. No. 8 of 1946; 3 CFR, 1946 Supp., Chapter eting, or lock-type screws. (Paragraphs IV)

nated for the purpose by the Commissioner of Customs pursuant to section 103 of Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp., Chapter IV). It is the port at which a vessel's permanent documents are issued, but it shall appear in all documents whether they are permanent or temporary.

(b) The owner of a vessel shall submit to the collector the designation of a home port for the vessel on customs Form 1319, signed as provided for in § 3.13 (a). When the designation is filed with the collector at the port designated as the home port of the vessel, the designation shall be in duplicate. When the designation is filed with the collector at any port other than the port designated as the home port of the vessel, the designation shall be in triplicate. If the home port so designated is different from the last previous home port of the vessel, the owner shall also request the collector at the previous home port to forward to the collector at the designated home port an abstract of title on custons Form 1331.

(c) If the home port designated is the port at or nearest the place in the same customs collection district where the vessel business of the owner is conducted, if the vessel has previously been documented as a vessel of the United States, and if the designation is presented to the collector at the port where a temporary document is to be issued to the vessel, or at the home port designated, together with recordable bills of sale establishing the complete chain of title to the vessel from the last owner of record, the collector, after examining the bills of sale of the vessel and the abstract of title on customs Form 1331, shall forward to the Bureau the duplicate copy of the designation, when approved by him or an employee in his office properly designated to grant such approvals. If the designation is presented to the collector at a port other than the home port, he shall forward to the collector at the home port the triplicate copy of the designation.

(d) In all other cases, the collector, after examining the bills of sale of the vessel and the abstract of title on customs Form 1331, shall transmit the original of the application, together with all required copies, to the Bureau. · When approved, the original will be returned to the collector transmitting the designation. If the designation is submitted

to the Bureau by the collector at a port other than the home port, the Bureau will also forward a copy of the designation to the collector at the home port.

(e) When it is impracticable to establish the complete chain of title by recordable bills of sale, the collector shall inform the Bureau of the facts and circumstances, and shall state whether or not he is of the opinion that the applicant has legal title to the vessel.

(f) If an owner desires that the home port be elsewhere than the port at or nearest the place in the same customs collection district where the vessel business of the owner is conducted, he shall forward to the Bureau through a collector of customs a designation of home port on customs Form 1319 accompanied by a detailed statement setting forth the reasons.

(g) No oficer or employee of the Bureau designated to grant approvals of designations of home ports shall approve, nor shall any collector forward to the Bureau for approval, any such designation unless it appears that the vessel will be documented as a vessel of the United States substantially simultaneously with the receipt by him of the approval of the designation. When a designation has been approved and the ves- . sel is not so documented, the approval granted shall be cancelled. The collector in subsequently transmitting a new designation by the same owner shall indicate in his remarks the date of the previous approval and that it was cancelled because of failure to document the vessel. (R. S. 161, 4141, secs. 2, 3, 23 Stat. 118, 119, sec. 1, 43. Stat. 947; 5 U. S. C. 22, 46 U. S. C. 2, 3, 17, 18; sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Chapter IV) [T.D. 51610, approved Jan. 22, 1947, 12 F.R. 631]

$ 3.24 Change of master. * * *

(c) Every application for the endorsement of the names of one or two alternate masters on the license of a vessel in addition to the name of the master already endorsed on the license shall be filed with the collector of customs at the home port of the vessel and shall contain a statement of the condition of employment of the vessel. The endorsement of the names of one or two alternate masters upon the license shall be authorized by the collector or an employee in his office properly designated to grant such authorization whenever that officer or employee, after examining

the application, deems the condition of employment of the vessel warrants such action. Under no circumstances shall the endorsement of the names of more than two alternate masters upon the license be authorized. The same oaths shall be required of such alternate masters as are required in the case of other masters. (Paragraph (c) amended by T.D. 51610, approved Jan. 22, 1947, 12 F.R. 632]

PART 4—VESSELS IN FOREIGN AND

DOMESTIC TRADES

but not to exceed 1 year nor longer than the period of the supporting bond may be granted to a carrier operating passenger vessels making three or more trips a week between a port in the United States and a foreign port, or vessels used as ferryboats, including car ferries, to unlade merchandise, passengers, or baggage, or to lade merchandise or baggage in the case of any or all of such vessels at night or on a Sunday or holiday when customs supervision is required. The application for such a special license shall be on customs Form 3851 supplemented by a request on customs Form 3853 for overtime services of customs of ficers. Such request for overtime services must show the exact times when overtime services will be needed unless arrangements are made so that the proper customs officer will be seasonably notified during official hours in advance of the services requested as to the exact times that the services will be needed. The special license shall not be granted unless the required bond on customs Form 3587, 7567, or 7569 shall have been filed.

(f) The collector may also issue a permit running for any period up to 1 month, and in multiples of months thereafter but not to exceed 1 year, toʻunlade or lade vessels specified in paragraph (e) of this section during official hours. . Customs Form 3851 (modified) shall be used for such purpose. (Paragraphs (e) and (f) amended by T.D. 51740, approved Aug. 19, 1947, 12 F.R. 5725]

ARRIVAL AND ENTRY OF VESSELS
Sec.
4.3 Vessels required to enter. (Note]

TONNAGE TAX AND LIGHT MONEY
4.22 Exemptions from special tonnage taxes,

(Amended]

LANDING AND DELIVERY OF CARGO 4.30 Permits and special licenses for un

lading and lading (Amended] 4.33 Diversion of cargo. (Amended)

FOREIGN CLEARANCES 4.74 Incomplete manifest; incomplete ex

port declarations; bond. (Note]

COASTWISE PROCEDURE • 4.84 Trade with noncontiguous territory.

[Cross reference] 4.85 Vessels with residue cargo for domestic

ports. (Amended] ARRIVAL AND ENTRY OF VESSELS § 4.3 Vessels required to enter. NOTE: Treasury Decision 51296 (see 19 CFR, 1945 Supp., 4.3 note) was revoked by Treasury Decision 51632, Acting Secretary of the Treasury, Feb. 19, 1947, effective midnight, Mar. 22, 1947, 12 F.R. 1367.

TONNAGE TAX AND LIGHT MONEY $ 4.22 Exemptions from special tonnage taxes.

CODIFICATION: In $ 4.22 the words “Syria and The Lebanon” were deleted from the list of nations at the end of section, by Treasury Decision 51769, Acting Commissioner of Customs, approved by the Acting Secretary of the Treasury, Oct. 8, 1947, 12 F.R. 6765.

NOTE: Proclamation 2746, Sept. 20, 1947, Title 3, supra, suspended tonnage duties with respect to vessels of Palestine.

LANDING AND DELIVERY OF CARGO § 4.30 Permits and special licenses for unlading and lading. * * *

(e) A special license on customs Form 3851 running for any period up to 1 month and in multiples of months thereafter

§ 4.33 Diversion of cargo. * * *

(c) The destination in the United States of foreign cargo appearing on the inward foreign manifest may be changed at any domestic port to permit the landing of such cargo at any other domestic port if the vessel's owner or agent files with the collector a written application therefor accompanied by a bond, in an appropriate amount, conditioned that the collector shall be held blameless for any consequence of the act. * * * [First sentence amended by T.D. 51610, approved Jan. 22, 1947, 12 F.R. 632)

FOREIGN CLEARANCES NOTE: Treasury Decision 51803 (see 19 CFR, 1945 Supp., 4.60 4.75 note) was revoked by Treasury Decision 51632, Acting Secretary of the Treasury, Feb. 19, 1947, effective midnight Mar, 22, 1947, 12 F.R. 1367.

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