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proper officer of the customs. (Formerly Section 2496 Revised Statutes; Section 2496 in Act March 3, 1883, and Section 7, Act October 1, 1890, with amendments.)
1. The law does not extend to articles of foreign manufacture protected by trade-marks registered in this country, whether the goods are first shipped to an American agency or direct to seller or consumer. The Department cannot prevent importation of goods which do not copy or simulate the name of trade-mark of any domestic manufacture, although such goods may be an infringement upon a patent (T. D. 9460).
2. The law protects only trade-marks for articles of domestic manufacture. A domestic trade-mark used to distinguish a particular imported article does not come within the statute (T. D. 7545, 11753).
3. The owners of trade-marks can import articles bearing their own trade-marks, but the same cannot be imported by others, although ultimately for the use of the owner of the trade-mark (T. D. 6270).
4. To obtain the benefit of a trade-mark registered in favor of a foreign manufacturer, it must be assigned to a domestic firm, with proof that such firm is actually engaged in the manufacture in this country of the articles sought to be protected (T. D. 8649). 5. Articles discovered after entry to infringe trade
mark may be re-exported with refund of duties (T. D. 14886).
6. A list of ports at which it is desired to have the fac-simile filed should be sent to the Department, and one fac-simile is required for each port in addition to one for filing in the Department (T. D. 12059).
7. Special Regulations in T. D. 14089.
Materials for construction, equipment and outfit of certain
vessels and their machinery-Free. SEC. 7. That all materials of foreign production which may be necessary for the construction of vessels built in the United States for foreign account and ownership or for the purpose of being employed in the foreign trade including the trade between the Atlantic and Pacific ports of the United States, and all such materials necessary for the building of their machinery, and all articles necessary for their outfit and equipment, after the passage of this Act, may be imported in bond under such regulations as the Secretary of the Treasury may prescribe; and upon proof that such materials have been used for such purposes no duty shall be paid thereon. But vessels receiving the benefit of this section shall not be allowed to engage in the coastwise trade of the United States more than two months in any one year except upon the payment to the United States of the duties of which a rebate is herein allowed: Provided, That vessels built in the United States for foreign account and ownership shall not be allowed to engage in the coastwise trade of the United States. (Formerly Section 2513 Revised Statutos; Section 2510 in Act March
3. 1893, aud Section 8, Act October 1, 1890.) See Sections 16 and 17, Act June 26, 1884; Sections 10 and 15, Act June 19, 1886, supra; Section 8 of this Act, and title “Vessels" in the Schedule of Duties, page 549.
1. Section 15 of the Act of June 19, 1886 (supra), extended the provisions of Sections 2510 and 2511 of the Revised Statutes, as contained in the Act of March 3, 1883, to vessels of the United States employed in the fishing and whaling business. Under former acts the privilege was restricted to certain specified articles, but is now extended to “all materials of foreign production."
2. The year mentioned in the section commences from the date of the allowance of the rebate of duties as marked on the vessel's register. A vessel clearing foreign in ballast stops at another domestic port, loads cargo to place whence she cleared, is engaged in the coasting trade from commencement of first voyage, and if the round voyage exceeds two months, duties would be payable on the material used under the statute (T. D. 2414).
3. In computing the time which a vessel can engage in the coasting trade, the period between the date of clearance in the coasting trade and that of the subsequent entry, endorsed in each instance on the register of the vessel should be included (T. D. 4407, 4468). The period during which a vessel lies in port need not be included (T. D. 5078).
4. Where a vessel is detained, unavoidably and in good faith, beyond the time permitted for her to engage in the coasting trade, the materials used under this section do not necessarily become dutiable (T. D. 2409).
5. Where the articles entered only into the equipment of the vessel, such vessel is debarred from engaging in the coasting trade, only so long as such equipment last. If the materials entered into the construction .of the hull or body of the vessel, she will always thereafter be subject to such restriction (T. D. 1310).
6. Exchange of register for enrolment and license renders the material liable to duty (T. D. 2595, 2646).
7. The refund of duties paid on imported hemp withdrawn from bond to be used in the manufacture of cordage for the equipment of American vessels, is not in the nature of a drawback" and not subject to the retention applied to drawbacks (T. D. 1973).
8. Imported iron in rods or bars may be withdrawn and converted into spikes, pails, bolts, etc., for use in constructing vessels, and be entitled to refund (T. D. 4519, 9047); preservatives and antifouling compounds and marine glue are materials entitled to the privilege of this section (T. D. 15254, 15560).
9. Where a vessel is undergoing both repair and a change of rigging from a ship to a bark, a refund on wire rope may be made if the article was used to supply the place of old worn-out rope; but rebate cannot be allowed if the article was used as new material for equipment necessitated by change of rigging (T. D. 2479).
10. Clippings, waste, &c., left from materials used in the construction of vessels are dutiable, unless used as permanent ballast on the vessel (T. D. 14769).
11. Where an article is withdrawn and the duties paid and is destroyed by fire before it is used for the purposes prescribed, 110 drawback can be allowed (T. D. 11008).
Articles for repair of certain vessels. SEC. 8. That all articles of foreign production needed for the repair of American vessels engaged in foreign trade, including the trade between the Atlantic and Pacific ports of the United States, may be withdrawn from bonded warehouses free of duty, under such regulations as the Secretary of the Treasury may prescribe. (Formerly Section 2514 Revised Statutes; Section 2511 in Act March 3, 1883, and Section 9, Act October 1, 1890.) See Sections 16 and 17, Act June 26, 1884, and Section 15, Act June 26, 1886, supra.
1. No indorsement of the amount of drawback claimed can be made under the vessel's register, in advance of final proof that the articles have been used in the repair of the vessel (T. D. 6542).
2. Credit on a warehouse bond for duties on materials alleged to have been used in repair cannot be allowed in the absence of an endorsement upon the register of the vessel (T. D. 2444, 2646).
3. Exchange of register for enrolment and license renders the metal upon which refund was allowed, liable to duty (T. D. 2595, 2646), but if the metal is found to be worn out and worthless, the duty will not be exacted (T. D. 8422), and if a portion of the metal is found not worn out or worthless, duties should be computed and exacted on such portion (T. D. 8715).
4. Where a vessel after being sheathed with metal with refund, is sold to foreign owners, the amount of refund must be collected, unless the collector is satisfied by evidence under oath that no contract, express or implied, was made before or at the time of the cancellation of the bonds, to sell the vessel to foreign owners (T. D. 4655, 7896).
5. Where a vessel sheathed with metal under rebate, is within a reasonable time remetaled in a foreign port, the indorsement of rebate on the vessel's register may be cancelled upon satisfactory proofs of facts (T. D. 4363).
6. The refund of duties paid on imported hemp, withdrawn from bond to be used in the manufacture of cordage, for the equipment of American vessels, is not in the nature of a drawback, and not subject to the retention applied to drawbacks (T. D. 1973).
7. Paint to be used exclusively on the ship's bottom while the vessel is in port is an article for repair and allowed rebate (T. D. 7199).
8. New copper brought by a foreign vessel for coppering her bottom while in a port of the United States, held to be dutiable (T. D. 8113).
9. A propeller shaft for use on a foreign vessel (T. D. 9962, 11629, 11659 11893), and a propeller wheel for a foreign vessel (T. D. 9135, G. A. 579), and iron castings for repair of a foreign vessel (T. D. 2787), all held to be dutiable.
10. Foreign articles imported for the repair of foreign vessels put into a port in the United States in a disabled condition, must pay duty (T. D. 1407).
11. Duties cannot be refunded without compliance with the regulations, so where certain hemp was withdrawn and manufactured into cordage and taken on board for repair of the vessel, but such repair was not made in port but was made on the voyage, no refund was allowed (T. D. 4469).
See note (1) to preceding section, and notes to title “Vessels" in the Schedule of Duties, page 549.
Bonded warehouses for manufacturing goods for export.
SEC. 9. That all articles manufactured in whole or in part of imported materials, or of materials subject to internal-revenue tax, and intended for exportation without being charged with duty and without having an internal-revenue stamp affixed thereto shall, under such regulations as the Secretary of the Treasury may prescribe, in order to be so manufactured and exported be made and manufactured in bonded warehouses similar to those known and designated in Treasury Regulations as bonded warehouses, ciass six: Provided, That the manufacturer of such articles shall first give satisfactory bonds for the faithful obseryance of all the provisions of law and of such regulations as shall be prescribed by the Secretary of the Treasury: Provided further, that the manufacture of distilled spirits from grain, starch, molasses or sugar, including all dilutions or mixtures of them or either of them, shall not be permitted in such manufacturing warehouses.
Whenever goods manufactured in any bonded warehouse established under the provisions of the preceding paragraph shall be exported directly therefrom or shall be duly laden for transportation and immediate exportation under the supervision of the proper officer who shall be duly designated for that purpose, such goods shall be exempt from duty and from the requirements relating to revenue stamps.
Any materials used in the manufacture of such goods, and any packages, coverings, vessels, brands, and labels used in putting up the same may, under the regulations of the Secretary of the Treasury, be conveyed without the payment of revenue tax or duty into any bonded manufacturing warehouse, and imported goods may, under the aforesaid regulations, be transferred without the exaction of duty from any bonded warehouse into any bonded manfacturing warehouse; but this privilege shall not be held to apply to implements, machinery, or apparatus to be used in the construction or repair of any bonded manufacturing warehouse or for the prosecution of the business carried on therein.
No articles or materials received into such bonded manufacturing warehouse shall be withdrawn or removed therefrom except for direct shipment and exportation or for transportation and immediate exportation in bond under the supervision of the officer duly designated therefor by the collector of the port, who shall certify to such shipment and exportation, or ladening for transportation, as the case may be, describing the articles by their mark or otherwise, the quantity, the date of exportation, and the name of the vessel. All labor performed and services rendered under these provisions shall be under the supervision of a duly designated officer of the customs and at the expense of the manufacturer.
A careful account shall be kept by the collector of all merchandise delivered by him to any bonded manufacturing warehouse, and a sworn monthly return, verified by the customs officers in charge, shall be made by the manufacturers containing a detailed statement of all imported merchandise used by him in the manufacture of exported articles.
Before commencing business the proprietor of any manufacturing warehouse shall file with the Secretary of the Treasury a list of all the articles intended to be manufactured in such warehouse and state the formula of manufacture and the names and quantities of the ingredients to be used therein.
Articles manufactured under these provisions may be withdrawn under such regulations as the Secretary of the Treasury may prescribe for transportation and delivery into any bonded warehouse at an exterior port for the sole purpose of immediate export therefrom.
The provisions of Revised Statutes thirty-four hundred and thirty-three shall, so far as may be practicable, apply to any bonded manufacturing warehouse established under this Act and and to the merchandise conveyed therein. (This Section supersedes Section 10, Act October 1, 1890, which Section incorporated Section 3433 of the Revised Statutes.)
1. Liquors made from imported materials and exported with benefit of drawback, may be re-imported and be entitled to the provisions of the statute (T. D. 6671, with opinion of the U. S. Attorney General.)
2. The mixture of distilled spirits and the use of the same as component materials of articles manufactured in bonded warehouses are not prohibited (T. D. 15253).
3. Special Regulations, T. D. 15442, 15611.
SEC, 10. That all persons are prohibited from importing into the United States from any foreign country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, fig. ure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature. or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion, or any lottery ticket or any advertisement of any lottery. No such articles, whether imported separately or contained in packages with other goods entitled to entry, shall be admitted to entry; and all such articles shall be proceeded against, seized, and forfeited by due course of law. All such