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the importer to bring in an excessive quantity over the invoice in a subsequent importation (G. A. 1811).
6. The fact that certain merchandise, in the custody of the Gov. ernment, is found, upon being reweighed, to weigh less than the original return, affords no ground for a claim for reliquidation of former entries of similar merchandise, at the same reduced weight (T. D. 8827).
7. Importers should keep posted as to weigher's return, and, if dissatisfied, should request reweighing before the merchandise leaves the custody of the Government (T. D. 8827, 11614, 13162: G. A. 377, 922, 940, 1942).
SECS. 2922, 2923 AND 2924. (Relating to examination of importers respecting market value.) Repealed by Act June 10, 1890, $29 (post). See $16 of said Act.
Bond to produce proof of description of merchandise. SEC. 2925. Whenever, in the opinion of the Secretary of the Treasury, it may be necessary in order to carry into full effect the laws for the collection of the revenue, he may authorize the collector of any district into which merchandise, subject to duty, may be imported, to require the owner, importer, or consignee of such merchandise, to give bond, in a sum not exceeding the value of such merchandise, that he will produce or cause to be produced, within a reasonable time, to be fixed by the Secretary, such proof as the Secretary may deem necessary, and as is in the power of the owner, importer, or consignee to obtain, to enable the collector to ascertain the class or description of manufacture, or rate of duty, to which such merchandise is justly liable. (See $$4 and 16, Act June 10, 1890, and Act June 20, 1876, post.)
Storing merchandise when damaged or when entry incomplete.
Sec. 2926. All merchandise, of which incomplete entry has been made, or an entry without the specification of particulars, either for want of the original iwwoice, or for any other cause, or which has received damage during the voyage, shall be conveyed to some warehouse or storehouse to be designated by the collector, in the parcels or packages containing the same, there to remain with due and reasonable care, at the expense and risk of the owner or consignee, under the care of some proper officer, until the particulars, cost, or value, as the case may require, shall have been ascertained either by the exhibition of the original invoice thereof, or by appraisement, at the option of the owner, importer, or consignee; and until the duties thereon shall have been paid, or secured to be paid, and a
permit granted by the collector for the delivery thereof. (See $82789, 2963, R S.; $$ 4 and 23, Act June 10, 1890, and $24, Act Fune 22, 1874, post.)
1. Charges for cartage, labor and storage are chargeable on goods entered by appraisement under this section, (T. D. 8993.)
2. Where goods are transferred from one store to another, for better facilities in examination of the goods, the charge for transfer cannot be exacted from the owner, (T. D. 9849, 9943.)
SEC. 2927. (Relating to goods damaged during the voyage.) Repealed by Act June 10, 1890, $29 (post). See $23 of said Act.
Entry of Wrecked Goods. SEC. 2928. Before any merchandise which may be taken from any wreck shall be admitted to an entry, the same shall be appraised; and the same proceedings shall be ordered and executed in all cases where a reduction of duties shall be claimed on account of daniage which any merchandise shall have sustained in the course of the voyage; and in all cases where the owner, importer, consignee, or agent shall be dissatisfied with such appraisement, he shall be entitled to the privileges of appeal as provided for in this Title. (See $3058, and $$13, 14, 23, Act June 10, 1890, post.)
1. This section applies to wrecked goods recovered from wrecks which have remained sunk for a period less than two years. The Act of June 22, 1874, (post) and section 23 of the Act of October 1, 1890 (post), relate to goods recovered after being sunk for two years or longer.
2. Duty is to be assessed on wrecked goods upon the basis of the appraised value, whether subject to specific or ad-valorem duty. If goods are damaged, a proportionate reduction of duty is to be made, if ad valorem goods, a deduction from the sound value, if goods paying specific duty, a deduction from the quantity, (T. D. 1312, 11760.) Wrecked goods must pay duties the same as other goods, whether regarded as the property of underwriters or salvors. No allowance is to be made for salvage in estimating the dutiable value, (T. D. 9598.)
3. Iron and Steel should be entered by appraisement on its value and condition at the time of importation, in the same manner as any other wrecked goods, (T. D. 8028.)
4. A vessel after being stranded, is conveyed into port, her cargo cannot be considered wrecked goods; nor the cargo of a vessel, which took fire at sea, and had to make port to extinguish the fire, which damaged the cargo, (T. D. 7326, 7554.) But where goods were wrecked in course of transfer by lighter to the import. ing vessel were entitled to entry under this section, (T. D. 12061.)
5. If the merchandise is not claimed and entered by the owner on due proof of ownership, it will be subject to sale for duties in the usual manner, (Reg. 1892, art. 370.) See notes to “Wrecked goods in Schedule of Duties.
SECS. 2929, 2930, 2931 and 2932. (Relating to reappraisement, protest and appeal.) Repealed by Act June 10, 1890, $29 (post). See $$13, 14 and 15 of said Act.
Drugs and Medicines to be examined before entry. SEC. 2933. All drugs, medicines, medicinal preparations, including medicinal essential oils and chemical preparations, used wholly or in part as medicine, imported from abroad, shall, before passing the custom-house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes, as to their value and identity specified in the invoice. (See T. D. 14348.)
Name of proprietor to be affixed to Medicinal Preparations.
SEC. 2934. All medicinal preparations, whether chemical or otherwise, usually imported with the name of the manufacturer, shall have the true name of the manufacturer and the place where they are prepared, permanently and legibly affixed to each parcel by stamp, label, or otherwise ; and all medicinal preparations imported without such names so affixed shall be adjudged to be forfeited. (See 85 Act Aug. 28, 1894, post.)
Examination of Drugs. SEC. 2935. If, on examination, any drugs, medicines, medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found, in the opinion of the examiner, to be so far adulterated, or in any manner deteriorated, as to render them inferior in strength and purity to the standard established by the United States, Edinburgh, London, French, and German Pharmacopæias and dispensatories, and thereby improper, unsafe, or dangerous to be used for medicinal purposes, a return to that effect shall be made upon the invoice, and the articles so noted shall not pass the custom-house, unless, on a reexamination of a strictly analytical character, called for by the owner or consignee, the return of the examiner shall be found erroneous, and it is declared as the result of such analysis, that the articles may properly, safely, and without danger, be used for medicinal purposes.
Appeal from Examination of Drugs. SEC. 2936. The owner or consignee shall at all times, when dissatisfied with the examiner's return, have the privilege of calling, at his own expense, for a re-examination; and the collector, upon receiving a deposit of such sum as he may deem sufficient to defray such expense, shall procure some competent analytical chemist possessing the confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any such institutions exist in the State in which the collection-district is situated, to make a careful analysis of the articles included in the return, and a report upon the same under oath. In case
this report, which shall be final, shall declare the return of the examiner to be erroneous, and the articles to be of the requisite strength and purity, according to the standards referred to in the next preceding section, the entire invoice shall be passed without reservation, on payment of the customary duties.
Exportation or destruction of rejected Drugs. SEC. 2937. If the examiner's return, however, shall be sustained by the analysis and report, the articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage and other expenses necessarily incurred by the United States, and on giving a bond with sureties satisfactory to the collector to land the articles out of the limits of the United States, shall have the privilege of re-exporting them at any time within the period of six months after the report of the analysis; but if the articles shall not be sent out of the United States within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed, and hold the owner or consignee responsible to the United States for the payment of all charges, in the same manner as if the articles had been re-exported. (See Act Juue 22, 1876, post.)
1. Condemned drugs are subject to destruction, whether entered, or remaining unclaimed and liable to sale. In the latler case, collectors should require a special report from appraisers upon drugs liable to sale, before ordering their destruction (T. D. 7799).
2. Opium condemned as unfit for medicinal purposes cannot be entered for manufacture into morphine (T. D. 2203).
3. Importers are liable for charges and expenses when goods are rejected (T. D. 14347).
Appraisement at New York. SEC. 2938. One of the assistant appraisers at the port of New York, to be appointed with special reference to his qualifications for such duties, shall, in addition to the duties that may be required of him by the appraiser, perform the duties of a special examiner of drugs, medicines, chemicals, and so forth.
SEC. 2939. The collector of the port of New York shall not, under any circumstances, direct to be sent for examination and appraisement less than one package of every invoice, and one package at least out of every ten packages of merchandise, and a greater number should he, or the appraiser, or any assistant appraiser, deem it necessary. When the Secretary of the Treasury, however, from the character and description of the merchandise, may be of the opinion that the examination of a less proportion of packages will amply protect the revenue, he may, by
special regulation, direct a less number of packages to be examined. (See $2901).
Examiners at New York. SEC. 2940. The Secretary of the Treasury may, on the nomination of the appraiser, appoint such number of examiners at the port of New York as the Secretary may in writing determine to be necessary, to aid each of the assistant appraisers in the examination, inspection, and appraisement of merchandise. No person shall be appointed such examiner who is not, at the time of his appointment, practically and thoroughly acquainted with the character, quality, and value of the article in the examination and appraisement of which he is to be employed, nor shall any such examiner enter upon the discharge of his duties, as such, until he shall have taken and subscribed an oath faithfully and diligently to discharge such duties.
Appraisers and others not to engage in other business.
SEC. 2941. No appraiser, assistant appraiser, examiner, clerk, verifier, sampler, messenger, or other person employed in the departments of appraisal at the port of New York, or any of them, shall engage or be employed in any commercial or mercantile business, or act as agent for any person engaged in such business, during the term of his appointment.
SEC. 2942. All provisions relating to the duties of appraisers, or to any proceedings consequent or dependent upon the action of such appraisers and not inconsistent with the provisions relating to the appraiser and assistant appraisers at the port of New York, shall be construed to apply to them.
SEC. 2943. (Relating to Appraisement of damaged goods.) Repealed by Act June 10, 1890, $29 (post).
Labor beyond usual hours. SEC. 2944. If at any time, from an increase of importation, or from any other cause, there shall be found upon the floors of the public stores in the City of New York an accumulation of merchandise awaiting appraisement, the appraiser shall, under regulations established by the Secretary of the Treasury, direct the assistant appraisers, and others associated with them in this branch of the public business, to devote time beyond the usual business hours, in each day, during daylight, to their respective duties, so that the business of appraisement may be faithfully and more promptly dispatched.