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customs duty, be delivered to addresses in the United States under such regulations for the collection of duties as inay be agreed upon by the Secretary of the Treasury and Postmaster General. (See $4, Act June 10, 1890 and $gro and 11, Act August 28, 1894, post.)
SEC. 18. That the term “circular” is defined to be a printed letter, which, according to internal evidence, is being sent in identical terms to several persons. A circular shall not lose its character as such, when the date and the name of the addressed and of the sender shall be written therein, nor by the correction of mere typographical errors in writing.
SEC. 19. That “printed matter" within the intendment of this act is defined to be the reproduction upon paper, by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an actual and personal correspondence.
1. THE IMPORTATION OF DUTIABLE MERCHANDISE BY MAIL IS PROHIBITED and subjects the goods to seizure. Where the violation is not willful and the amount of duty does not exceed $25, the articles may be released, for the first offense, upon payment of a “fine” equal to the duty (T. D. 12270, 14873, 15549, section 5293, Revised Statutes, supra, Von Coltzhausen vs. Nazro, 107 U.S., 215; G. A. 2761), for any subsequent offense a fine will be imposed equal to the appraised value of the merchandise (Art. 305, Reg. 1892). In the case of printed matter where the duty does not amount to fifty cents, the duty may be remitted (T. D. 12083). Importations from countries having special packet-post treaties are not subject to seizure (T. D. 12053, note 2, post). Where the importer is dissatisfied with the action of the collector he should apply to the Secretary of the Treasury, under section 5293, supra, who alone has power to remit the penalty or forfeiture (Von Coltzhausen vs. Nazro, supra). The Board of General Appraisers has no jurisdiction (G. A. 2761).
All importations valued at over $100 are subject to the provisions of section 4, Act June 10, 1890, post (T. D. 13531).
“ Any lottery ticket or any advertisement of any lottery," are prohibited from importation by section 10, Act August 28, 1894, post. Lottery matter of any kind, foreign or domestic, are subject to seizure and must be forwarded to dead letter office for destruction (T. D. 12047, 14880, 15046).
Any books entitled to free entry may be imported by mail (T. D. 11819, 11936), but any obscene book, in whatever language printed, is absolutely prohibited from importation by mail or otherwise, under penalty (T. D. 9039). See sections 1o, II, Act August 28, 1894, post.)
2. Regulations under PACKET-POST TREATIES: For Barbadoes and The Bahamas (T. D. 8641), British Guiana (T. D. 12417), Canada (T. D. 8726, 11912), Republic of Columbia (T. D. 9412), Costa Rica (T. D. 10009), Honduras (T. D. 8791), Hawaii (T. D. 9270), Leeward Islands (T. D. 9368), Jamaica (T. D). 8512), Mexico (T. 1). 8977), Republic of Salvador (T. D. 9463), Windward Islands (T. D. 12507).
(U. S. Statutes, Vol. 21, page 173.) An Act to amend the statutes in relation to immediate transpor
tation of dutiable goods and for other purposes.
Ports from which dutiable merchandise may be transported
without appraisement. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That when any merchandise, other than explosive articles, and articles in bulk not provided for in section fourt of this act, imported at the ports of New York, Philadelphia, Boston, Baltimore, Portland, and Bath, in Maine, Chicago, Port Huron, Detroit, New Orleans, Norfolk, Charleston, Savannah, Mobile, Galveston, Pensacola, Florida, Cleveland, Toledo, and San Francisco, shall appear by the invoice or bill of lading and manifest of the importing vessel to be consigned to and destined for either of the ports specified in the seventh section of this act, the collector at the port of arrival shall allow the said merchandise to be shipped immediately after the entry prescribed in section two of this act has been made.
1. Additional ports having had the privilege of this act conferred upon them by subsequent legislation, a list of the same will be found in the Appendix.
2. Free goods are also entitled to the privileges of this act. The bond must be for double the total value of the invoice. This applies also whenever the invoice contains both free and dutiable goods (T. D. 11897).
3. Gunpowder, detonators, matches, or any dangerous or explosive substances cannot be transported in bond (T. D. 5912, 13082, 13107).
4. Percussion caps used for sporting purposes only, are not explosive articles, and not included in the list of explosives, and may be forwarded in bond (T. D. 9564). See also section 2962, Revised Statutes, and notes, supra.
5. Sugars to be sampled at original port of entry (T. D. 11289).
6. The requirements of section 5, Act August 28, 1894 (post), relative to marking, branding, and stamping not to be enforced at the exterior port (T. D. 11906).
Special Regulations, T. D. 13750, 11289.
* This act amended by Act February 23, 1887, which will be found immediately following section in of this act.
+ The word " four" changed to“ five" by Act June 14, 1880, U. S. Statutes, 1879-80, page 198.
Entry of the merchandise. Sec. 2. That the collector at the port of first arrival shall retain in his office a permanent record of such merchandise so to be forwarded to the port of destination, and such record shall consist of a copy of the invoice and an entry whereon the duties shall be estimated as closely as possible on the merchandise so shipped, but no oaths shall be required on the said entry. Such merchandise shall not be subject to appraisement and liquidation of duties at the port of first arrival, but shall undergo such examination as the Secretary of the Treasury shall deem necessary to verify the invoice; and the same examination and appraisement thereof shall be required and had at the port of destination as would have been required at the port of first arrival if such merchandise had been entered for consumption or warehouse at such port.
1. ENTRY AT THE FIRST Port of arrival must be made by the owner, agent or consignee (T. D. 4775, 7934, 8807, 9558, 9237, 9885, 10205, 10310, 11134, 10636, 10976, 11259, 13454, section 1, Act June 10, 1890). In the absence of consular invoice entry may be made on proforma invoice (T. D. 9742) and without bond where the value does not exceed $100 (T. D. 10293). Entry by proforma invoice at the first port is not binding (G. A. 968), but similar entry at port of delivery is binding, although a consular invoice may subsequently show a lower valuation (T. D. 10034).
2. ENTRY AT THE PORT OF DELIVERY (interior port) must be made under all the requirements of an original port (T. D. 10636), and the collector at the interior port will decide all questions as to the proper consignee at his port (T. D. 4379, 7905, 8023, 10310, 10426, 10636, 10976, 11259, 11506, 13454), where the ocean bill of lading does not declare either originally or by indorsement the consignee at interior ports, but the bill of lading and entry are conjoined as a unit, and the entry discloses the consignee, duly signed by the consignee at the first port, it may be accepted the same as an indorsement on the bill of lading (T. D. 13088, 13453, 13454, 13455). As to report of entries to Department, see T. D. 15357.
3. Entries-general provisions relating to-Cannot include different consignments for different ultimate consignees, although imported by same vessel, and for same destination (T. D. 12174, 13728); cannot be made for further transportation under this act, but after entry for warehouse, goods may be withdrawn for transportation in bond (T. D. 9724); cannot be made for portion of importation for “1. T." and portion for consumption (T. D. 7552, 12174), nor for portion, leaving balance as unclaimed (T. D. 7584). May be made at first port for consumption or warehouse, if importer prefers (Reg. 1892, Art. 421), and at final port under any form allowed for direct importations (T. D. 10583, 11917); may be made for portion of invoice in case of short shipment or delay in transportation (T. D. 12157); may be made for packed packages under this act (T. D. 10850, Act March 1, 1876, supra).
After the expiration of twenty-four hours after the notice from the transportation company, of the arrival of the goods, the collector should issue a general order and take possession of the merchandise, without regard to the cause which prevented the importers from making entry in due time (T. D. 9485, 10273).
Collectors and other customs officers cannot act as agents for iniporters. Entries must be made where the merchandise arrives by the owner, agent, or consignee (T. D. 10036).
4. ALLOWANCES.-Claims for short shipment or deficiency must be made at the final port (T. D. 14004, section 2921, Revised Statutes, supra). No allowance is made for goods lost or stolen in course of transportation (T. D. 8296, 9333, 14534), but allowance is made for loss or injury “by accidental fire or other casualty' (section 2984, Revised Statutes, supra). Abandonment for damage on the voyage of importation may be made within ten days after entry at the final port (T. D. 1351, 2339, 5911, 11113, section 23, Act June 10, 1890, post).
5. LIEN FOR FREIGHT on merchandise entered under this act must be filed at the final port of entry (T. D, 5353, 14093, 15066), and the lien may be for either ocean or land transportation, or both (T. D. 14093, 14472, section 2981, Revised Statutes, supra). Notice of intention to file a lien for freight at the interior port may be given to the collector at the exterior port, who shall thereupon notify the collector at the interior port (T. D. 15091).
6. The period for bonded immedate transportation goods in warehouse runs from date of importation at port of first arrival (Seeberger vs. Schweyer, 153 U. S., 609, cited in T. D. 14986, sec. 20, Act June 10, 1890). Special Regulations, T. D. 12777, 14212, 14483.
Transportation by designated Common Carriers. SEC. 3. That such merchandise shall be delivered to and transported by common carriers, to be designated for this purpose by the Secretary of the Treasury, and to and by none others; and such carriers shall be responsible to the United States as common carriers for the safe delivery of such merchandise to the collector at the port of its destination; and before any such carriers shall be permitted to receive and transport any such merchandise, they shall become bound to the United States in bonds of such form and amount, and with such conditious, not inconsistent with law, and such security as the Secretary of the Treasury shall require.
1. Common carriers bonded under this act are liable for any delay in transporting and making prompt report and safe delivery of all merchandise (T. D. 7238).
2. Certificates of delivery of immediate transportation of goods at port of destination may be given either after the goods have been entered, or after they have been taken possession of by the customs officer under general order (T. D. 5570, note 3 to section 2).
3. The transportation bond cannot be cancelled by reason of goods being lost in transitu until after conclusive proof of absolute loss has been furnished (T. D. 644).
Special Regulations, T. D. 13931, 14212, 14425. Invoices in quadruplicate required-how to be used for entry.
Sec. 4. That sections 2853* and 2855 of the Revised Statutes of the United States be, and the same are hereby, so amended as to require that all invoices of merchandise
* Section 2853, R. S., repealed by section 29, Act June 10, 1890, post. Section 2 of that act provides for quadruplicate invoices.
imported from any foreign country and intended to be transported without appraisement to any of the ports mentioned in the seventh section of this act, shall be made in quadruplicate; and that the consul, vice consul, or commercial agent, to whom the same shall be produced, shall certify each of said quadruplicates under his hand and official seal in the manner required by section 2855 of the Revised Statutes, and shall then deliver to the person producing the same two of the quadruplicates, one to be used in making entry at the port of first arrival of the merchandise in the United States, and one to be used in making entry at the port of destination, file another in his office, there to be carefully preserved and as soon as practicable transmit the remaining one to the collector or surveyor of the port of final destination of the merchandise: Provided, however, That no additional fee shall be collected on account of any service performed under the requirements of this section.
For consular regulations relating to quadruplicate invoices, see T. D. 10302.
Methods of Transportation. SEC. 5. Amended by Act February 23, 1887, to read as follows: That merchandise transported under the provisions of this act shall be conveyed in cars, vessels, or vehicles securely fastened with locks or seals, under the exclusive control of the officers of the customs ; and mer. chandise may also be transported under the provisions of this act by express companies on passenger-trains, in safes, “pouches,'' and trunks, which shall be of such size, character, and description and secured in such manner as shall be from time to time prescribed by the Secretary ; and in cases where merchandise shall be imported in boxes or packages too large to be included within the safes, trunks, or “pouches" as prescribed, such merchandise may be transported under the provisions of this act by such express companies, “corded and sealed,” in such manner as shall from time to time be prescribed by the Secretary of the Treasury; and "passengers" baggage and effects arriving at any of the ports specified in section one of this act, which shall appear by the manifest of the importing vessel, or other satisfactory evidence, to be destined to any of the ports specified in the seventh section, may also be transported by express companies under the provisions of this act to any of the ports specified in the seventh section thereof, in such manner and under such rules and regulations as the Secretary of the Treasury may prescribe; and merchandise such as pig-iron, spiegel iron, scrap-iron, iron-ore, railroad-iron, and similar articles commonly transported upon platform or flat cars may be transported under