JUNE 7 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. FULBRIGHT, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 4830]

The Committee on the Judiciary, to whom was referred the bill (H. R. 4830) for the relief of Cooperative for American Remittances to Europe, Inc., having considered same, do now report the bill favorably to the Senate without amendment, and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to pay the Cooperative for American Remittances to Europe, Inc. (CARE), the sum of $51,513.89 in full settlement of its claim against the United States as a refund of customs duties paid between December 1946 and April 1947, inclusive, on the importation of Cuban chocolate purchased by CARE and exported by it for relief purposes to Europe.

STATEMENT

CARE, as is well known, is engaged in the preparation and sending of packages of food, etc., to individuals and organizations in a number of European countries, for relief purposes. One of the items of food, consists of 2 pounds of chocolate in bar form. During the first 4 months of 1947, CARE was unable to obtain chocolate of American manufacture, and it therefore purchased Cuban chocolate from an American importer. The price paid for the chocolate reflected the payment by the importer of the customs duty of 5 cents per pound. 983,347 pounds were involved, with a customs duty in the amount of $51,513.89. These facts are substantiated by an affidavit of the importer.

Subsequently CARE requested that chocolate imported by it for repacking and inclusion in its relief packages be permitted entry

without payment of duty, and in accordance with law the Commissioner of Customs approved the request. However, when refund of the amount already paid was sought, the Treasury Department was unable to afford relief under existing law.

According to CARE its failure to apply for duty-free entry earlier was due to "a misunderstanding of the law by CARE's customhouse brokers, who thought that the draw-back provisions of the customs statute would be applicable and the duties paid would be recoverable under the draw-back procedure."

Thus it is evident that CARE's loss, suffered in misunderstanding, has resulted in benefit to the United States in the amount of $51,513.89. The report of the Secretary of the Treasury dated April 15, 1948, to the House Committee on the Judiciary, includes the following:

Although it has been the general policy of the Department to oppose bills for special relief or exemption from payment of customs duties, the Department believes, in view of the character of the organization and the surrounding circumstances in connection with the chocolate in question that the desirability of enactment of H. R. 4830 is solely a question of congressional policy, and the Department has no recommendation in the matter. No administrative difficulty would result from the enactment of the bill into law.

The facts and correspondence with Government departments in connection with this bill are fully set forth in House Report No. 2048, Eightieth Congress, second session and need not be reprinted here.

О

80TH CONGRESS 2d Session

}

SENATE

{No. 1531

REPORT

AUTHORIZING PAYMENT OF CLAIMS BASED ON LOSS OF OR DAMAGE TO PROPERTY DEPOSITED BY ALIEN ENEMIES

JUNE 7 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. COOPER, from the Committee on the Judiciary, submitted the following

REPORT

To accompany S. 29

The Committee on the Judiciary, to whom was referred the bill (S. 29) to authorize payment of claims based on loss of or damage to property deposited by alien enemies, having considered the same, do now report the bill to the Senate favorably, with amendments, and recommend that the bill as amended do pass.

AMENDMENTS

1. On page 2, line 2, before the word "and" insert "the possession of which property was not prohibited by law prior to said promulgations".

2. Page 2, line 3, beginning with the word "with" strike out down through "authorities" in line 4.

3. On page 2, line 12, strike out the period and insert a colon and add the following:

Provided further, That nothing in this act shall be construed to authorize the Attorney General to pay or settle any claims for damage to or loss or destruction of property which had been used for espionage or other illegal purposes on or before December 7, 1941.

4. On page 2, line 16, after the word "any" insert "decision or".

STATEMENT

This bill would authorize the Attorney General to adjust, settle, and pay claims against the United States, not in excess of $1,000, which arose after December 7, 1941, for damage to or loss of personal property which was deposited by alien enemies or United States citizens of Japanese ancestry, pursuant to the requirements of the Presidential proclamations of December 7 and 8, 1941, and the regulations promulgated by the Attorney General on February 5, 1942.