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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
Chapter 1-Bureau of Customs, Department of the Treasury.
CHAPTER 1-BUREAU OF CUSTOMS
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 prèvisions 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 2 Measurement of vessels. (Amended] 3 Documentation of vessels. (Amended] 4 Vessels in foreign and domestic trades. (Amended] 5 Customs relations wit contiguous foreign territory. (Amended] 6 Air commerce regulations. (Amended] 8 Liability for duties, entry of imported merchandise. (Amended] 9 Importations by mail. (Amended] 10 Articles conditionally free, subject to a reduced rate, etc. (Amended] 11 Packing and stamping; marking; trade-marks and trade names; copyrights.
(Amended] 12 Special classes of merchandise. [Cross Reference] 14 Appraisement. (Amended)
Liquidation of duties. (Amended] 17 Protests and reappraisements. (Amended) 18 Transportation in bond and merchandise in transit. (Amended) 19 Customs warehouses and control of merchandise therein. (Amended] 22 Drawback. (Amended) 23 Enforcement of customs and navigation laws. (Amended] 24 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] 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.
ABBREVIATIONS: The following abbreviations are used in this chapter:
(b) and (c) amended, by T.D. 51809, approved Dec. 18, 1947, 12 F.R. 8812]
PART 2–MEASUREMENT OF
VESSELS Sec. 2.46 Open shelter deck space. (Amended) 2.49 Deductions from gross tonna ge.
(Amended] § 2.46 Open shelter deck space. (c) Coamings.
If any such opening is guarded by rails or stanchions they shall be so arranged that they may not be used to secure or assist in securing a cover over that opening.
PART 3–DOCUMENTATION OF
VESSELS Sec. 3.5 Vessels exempt from documentation.
(Amended] 3.17 Home port; definition; change of.
(Revised) 3.24 Change of master. (Amended]
$ 3.5 Vessels exempt from documentation. (a)
(2) Canal boats, barges, or other boats used in whole or in part on canals or on the internal waters of a State, without sail or internal motive power of their own, not engaged in trade with contiguous foreign territory, and not carrying passengers.
(3) Barges or boats without sail or internal motive power of their own plying in whole or in part on inland rivers or lakes of the United States, not engaged in trade with contiguous foreign territory, and not carrying passengers. (Subparagraphs (2) and (3) amended by T.D. 51627, approved Feb. 10, 1947, 12 F.R. 1076]
CODIFICATION: In the first sentence of $ 2.46 (c), the comma after the words "hatch covers” was changed to a period and the sentence set forth above was substituted in lieu of the remainder of the paragraph by Treasury Decision 51617, Commissioner of Customs, approved Jan. 28, 1947, 12 F.R. 790.
§ 2.49 Deductions from gross tonnage.
(b) No space shall be deducted unless it has been included previously in the vessel's gross tonnage; is reasonable in extent for the purpose to which it is appropriated; and is certified by marking as prescribed in paragraph (c) of this section showing that it is used exclusively for such purpose.
(c) The marking required by paragraph (b) of this section shall read: "Certified for the accommodation of Master," "Certified to accommodate--seamen," "Certified for boatswain's stores,” “Certified chart house," or "Certified W. C.," as the case may be. Certifications for other deductible spaces shall read: “Certified ," inserting an appropriate designation of the space. The following abbreviations may be used: "Cert. Accom. Master," "Cert. Accom.
Seamen," "Cert. Boatswain's Stores," "Cert. Chart House," "Cert. W. C.," or "Cert. ----," inserting the space designation. The marking shall at all times be center-punched or otherwise cut at least one-eighth of an inch in metal, or carved or branded at least three-eighths of an inch in wood over the doorway on the inside of the deductible space. Roman letters and Arabic numerals of at least one-half of an inch in height shall be used and shall be readily legible at all times. If desired, the marking may be made on a plate of metal (but not of other material) permanently fastened in place by means of welding, riveting, or lock-type screws. (Paragraphs
§ 3.17 Home port; definition; change of. (a) A vessel's home port is that port where documents may be issued to vessels which has been fixed and determined by the owner with the approval of the Commissioner of Customs or of an officer or employee of the Bureau desig
For the purposes of the navigation laws of the United States
*, every vessel of the United States shall have a "home port" in the United States, including Alaska, .Hawaii, and Puerto Rico, which port the owner of such vessel, subject to the approval of the Director of the Bureau of Marine Inspection and Navigation of the Department of Commerce (Commissioner of Customs), shall specifically fix and determine, and subject to such approval may from time to time change. Such home port shall be shown in the register, enrollment, and license, or license of such vessel, which documents, respectively, are referred to as the vessel's document. The home port shown in the document of any vessel of the United States in force on February 16, 1925, shall be deemed to have been fixed and determined in accordance with the provisions hereof.. (46 U. S. C. 18, sec. 102, Reorganization Plan No. 3 of 1946; 3 CFR, 1946 Supp., Chapter
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 customs 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 officer 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
728472-48-SUPP. X-BK. 3
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
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.
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.
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 officers. 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]
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 blåmeless 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 51303 (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.