AMERICAN CONSULAR REGULATIONS RELATING TO THE Prescribed by the President of the United States, October 1, 1870. All invoices of importations from countries in which there are such officers, must, before shipment of the merchandise, be produced to and authenticated by the United States consular officer nearest the place of shipment for the United States. In countries without a United States consular officer, the authentication is made, 1st, by a consul of a country in amity with the United States, who resides there, or, 2nd, if there be no such consul, then by two respectable resident merchants. By the place of shipment is meant the place where the merchandise has been manufactured, finished, or finally prepared for exportation, and where the journey to the United States commences; and is not necessarily the place where it is actually put on board ship. Countries adjacent to the United States are excepted from the above rules. The authen. tication there may be by the consular officer at or nearest to the port or place of clearance for the latter. All such invoices must be triplicate; the three copies to be regarded as one invoice, and subject to only one charge for consular certificate. The authentication must be by certificate under the consular seal, and must be either indorsed on each copy of the invoice, or attached by tape, cord, or ribbon, passed under the seal in such manner as to secure integrity. The certificate must state that the invoice has been produced to the officer certifying; also the date of such production, the name and identity of the person producing, and the intended port of destination of the merchandise in the United States, as declared by such person. It is desirable that it should also, as far as practicable, indicate the facts in regard to market values at the principal markets of the country, of all merchandise the duty on which is in any respect or part based on such values. The Act of March 3, 1865, fully recognizes the solemnity of these certificates, and the importance of consular fidelity in regard to them; but consular officers are not to consider themselves authorised under its provisions absolutely to withhold their certificates, even when they believe the cost or market values set forth in the invoice to be too low, but in such cases they will, on due investigation, certify on the invoice what, in their opinion, is such true market value, and let the importer take the hazard of satisfying customs officers of the contrary. To facilitate this, it is recommended that every invoice should, upon its face, at the right hand margin, have a blank column for "consular corrections of invoices; " in which, when he deems it necessary, the consul may enter in figures what he regards as the true values at the principal markets of the country, and certify accordingly, as set forth in forms. It is the duty of consular officers to acquaint themselves as thoroughly as possible with market values at the principal markets of their districts; with the weights, measures, tares, bounties, &c. there used; and in general with all requisites to enable them to certify intelligently. They may retain invoices for a reasonable time for proper inquiry. To judge correctly the market value of any given article, it will often be important to inquire carefully as to prices in sales thereof for other markets than our own. When the United States are the principal consumers, and fictitious sales to create nominal values are detected, consuls should ascertain the actual cost of production, and add the customary percentage for profits. In such cases especial care is enjoined as to certificates. They will, in all proper cases, require samples of the merchandise to be deposited with them, especially when the invoice descriptions of merchandise are not specific and full enough to enable them, or customs officers, intelligently to judge of the market value without inspection of the merchandise itself. It is particularly enjoined upon consular officers at London, Manchester, Leeds, Glasgow, Belfast, Paris, Lyons, Zurich, Basle, Aix-la Chapelle, Berlin, Leipsic, Dresden, Vienna, Frankfort, and Brussels, generally to require samples of all merchandise imported from there, of a nature to be sampled. All samples must be accompanied by a card or statement, which, if practicable, shall be attached thereto, containing the particulars indicated on the form prescribed by the department, including the certificate at the bottom thereof, which must be signed by the shipper or his agent; and samples of textiles must be of such size as may be indicated by the proper revenue officer of the Treasury department. All samples must be carefully preserved, together with the cards or statements accompanying them, and must not be suffered to be inspected or seen by others than officers or agents of the Government, except in cases of exhibition for the purpose of ascertaining or establishing the market value or price; in which case the name of the shipper will not be made known. Every invoice must be signed by the owners or shippers of the merchandise invoiced, if the same has been actually purchased; or by the manufacturers or owners, if the same has been otherwise obtained; or, if in either case this is impracticable, then by a duly authorised agent. It must, when produced to the consul, be indorsed with a declaration signed by such purchaser, manufacturer, owner, or agent, setting forth (a.) That it is in all respects true. (b.) That no different invoice of the articles therein mentioned has been, or will be, furnished to any one. (c.) That it sets forth the actual quantity, respectively, of all articles therein named which are subject to specific duty. (d.) That as to all articles therein named, which are subject, either wholly or partly, to a duty based upon their value, and obtained by purchase, it contains a true and full statement of the time and place of purchase, their actual cost, and all charges upon them in the currency paid therefor; and when otherwise obtained, the actual market value thereof, respectively, at the principal markets of the country in which they were obtained or manufactured. (e.) That no discounts, bounties, or drawbacks are contained in said invoice but such as have been actually allowed. This declaration on the part of the owner, manufacturer, purchaser, or agent, whether under oath or not, is the verification of the invoice before shipment, recognised and prescribed by the Acts of March 3, 1863, and March 3, 1865, and must not be confounded with consular authentication. The declaration should, if possible, be made by the actual owner, manufacturer, or shipper of the merchandise. No agent must be permitted to make it, or otherwise verify the invoice, without having first filed with the consul a duly executed power of attorney, authorising him to act for and bind his principal. When a verification by oath or affirmation of the owner, shipper, manufacturer, or agent, · is deemed necessary by the consular officer, the affiant may, in countries where an oath, to be of legal force, must be taken before a local magistrate, or other officer, take the same before any such officer. The language and form of the oath, if taken by foreigners, should be those of their country. For the authentication of a signature in these cases, the fee of two dollars, prescribed by the consular tariff, is to be charged. Consular officers are forbidden to be in any way interested in the fees, or to interfere with the selection of such magistrate, or other officer. They may, in their discretion, on points on which they are in doubt, examine experts and others, either on affidavit or orally, without charge or expense to the United States Government. To facilitate the operations of the custom-house, consuls will take care that, when practicable, all invoices are properly folded and indorsed, and all blanks properly filled. One invoice must not embrace merchandise shipped by two or more vessels. Every invoice must truly state quantities in the weights and measures of the country cr place from which the importations are made, without respect to those of the United States AMERICAN CONSULAR REGULATIONS RELATING TO THE Prescribed by the President of the United States, October 1, 1870. All invoices of importations from countries in which there are such officers, must, before shipment of the merchandise, be produced to and authenticated by the United States consular officer nearest the place of shipment for the United States. In countries without a United States consular officer, the authentication is made, 1st, by a consul of a country in amity with the United States, who resides there, or, 2nd, if there be no such consul, then by two respectable resident merchants. By the place of shipment is meant the place where the merchandise has been manufactured, finished, or finally prepared for exportation, and where the journey to the United States commences; and is not necessarily the place where it is actually put on board ship. Countries adjacent to the United States are excepted from the above rules. The authentication there may be by the consular officer at or nearest to the port or place of clearance for the latter. All such invoices must be triplicate; the three copies to be regarded as one invoice, and subject to only one charge for consular certificate. The authentication must be by certificate under the consular seal, and must be either indorsed on each copy of the invoice, or attached by tape, cord, or ribbon, passed under the seal in such manner as to secure integrity. The certificate must state that the invoice has been produced to the officer certifying; also the date of such production, the name and identity of the person producing, and the intended port of destination of the merchandise in the United States, as declared by such person. It is desirable that it should also, as far as practicable, indicate the facts in regard to market values at the principal markets of the country, of all merchandise the duty on which is in any respect or part based on such values. The Act of March 3, 1865, fully recognizes the solemnity of these certificates, and the importance of consular fidelity in regard to them; but consular officers are not to consider themselves authorised under its provisions absolutely to withhold their certificates, even when they believe the cost or market values set forth in the invoice to be too low, but in such cases they will, on due investigation, certify on the invoice what, in their opinion, is such true market value, and let the importer take the hazard of satisfying customs officers of the contrary. To facilitate this, it is recommended that every invoice should, upon its face, at the right hand margin, have a blank column for "consular corrections of invoices; " in which, when he deems it necessary, the consul may enter in figures what he regards as the true values at the principal markets of the country, and certify accordingly, as set forth in forms. It is the duty of consular officers to acquaint themselves as thoroughly as possible with market values at the principal markets of their districts; with the weights, measures, tares, bounties, &c. there used; and in general with all requisites to enable them to certify intelligently. They may retain invoices for a reasonable time for proper inquiry. To judge correctly the market value of any given article, it will often be important to inquire carefully as to prices in sales thereof for other markets than our own. When the United States are the principal consumers, and fictitious sales to create nominal values are detected, consuls should ascertain the actual cost of production, and add the customary percentage for profits. In such cases especial care is enjoined as to certificates. They will, in all proper cases, require samples of the merchandise to be deposited with them, especially when the invoice descriptions of merchandise are not specific and full enough to enable them, or customs officers, intelligently to judge of the market value without inspection of the merchandise itself. It is particularly enjoined upon consular officers at London, Manchester, Leeds, Glasgow, Belfast, Paris, Lyons, Zurich, Basle, Aix-la Chapelle, Berlin, Leipsic, Dresden, Vienna, Frankfort, and Brussels, generally to require samples of all merchandise imported from there, of a nature to be sampled. All samples must be accompanied by a card or statement, which, if practicable, shall be attached thereto, containing the particulars indicated on the form prescribed by the department, including the certificate at the bottom thereof, which must be signed by the shipper or his agent; and samples of textiles must be of such size as may be indicated by the proper revenue officer of the Treasury department. All samples must be carefully preserved, together with the cards or statements accompanying them, and must not be suffered to be inspected or seen by others than officers or agents of the Government, except in cases of exhibition for the purpose of ascertaining or establishing the market value or price; in which case the name of the shipper will not be made known. Every invoice must be signed by the owners or shippers of the merchandise invoiced, if the same has been actually purchased; or by the manufacturers or owners, if the same bas been otherwise obtained; or, if in either case this is impracticable, then by a duly authorised agent. It must, when produced to the consul, be indorsed with a declaration signed by such purchaser, manufacturer, owner, or agent, setting forth (a.) That it is in all respects true. (b.) That no different invoice of the articles therein mentioned has been, or will be, furnished to any one. (c.) That it sets forth the actual quantity, respectively, of all articles therein named which are subject to specific duty. (d.) That as to all articles therein named, which are subject, either wholly or partly, to a duty based upon their value, and obtained by purchase, it contains a true and full statement of the time and place of purchase, their actual cost, and all charges upon them in the currency paid therefor; and when otherwise obtained, the actual market value thereof, respectively, at the principal markets of the country in which they were obtained or manufactured. (e.) That no discounts, bounties, or drawbacks are contained in said invoice but such as have been actually allowed. This declaration on the part of the owner, manufacturer, purchaser, or agent, whether under oath or not, is the verification of the invoice before shipment, recognised and prescribed by the Acts of March 3, 1863, and March 3, 1865, and must not be confounded with consular authentication. The declaration should, if possible, be made by the actual owner, manufacturer, or shipper of the merchandise. No agent must be permitted to make it, or otherwise verify the invoice, without having first filed with the consul a duly executed power of attorney, authorising him to act for and bind his principal. When a verification by oath or affirmation of the owner, shipper, manufacturer, or agent, is deemed necessary by the consular officer, the affiant may, in countries where an oath, to be of legal force, must be taken before a local magistrate, or other officer, take the same before any such officer. The language and form of the oath, if taken by foreigners, should be those of their country. For the authentication of a signature in these cases, the fee of two dollars, prescribed by the consular tariff, is to be charged. Consular officers are forbidden to be in any way interested in the fees, or to interfere with the selection of such magistrate, or other officer. They may, in their discretion, on points on which they are in doubt, examine experts and others, either on affidavit or orally, without charge or expense to the United States Government. To facilitate the operations of the custom-house, consuls will take care that, when practicable, all invoices are properly folded and indorsed, and all blanks properly filled. One invoice must not embrace merchandise shipped by two or more vessels. Every invoice must truly state quantities in the weights and measures of the country er place from which the importations are made, without respect to those of the United States f the the e and should set forth the quantity by weight of all woollen, worsted, mohair, and mixed When the value of a foreign currency mentioned in the invoice is not fixed by United The consular officer must return one of the triplicates to the person producing them; file one in his office for careful preservation; and, as soon as practicable, transmit the remaining one directly to the collector of the port of destination of the merchandise, either by the master of the vessel in which shipment is made, or by mail, and without the intervention of any party in interest. Prior to forwarding the last named copy, the consul shall stamp, near the bottom of its first page, at the left-hand corner, and upon his certificate (on which he shall personally write his name,) the amount of the invoice, its consular number, the name of the consulate, and the amount and number of the fee received for the consular authentication. The said copy (or copies, if there are two or more invoices to be forwarded by the same vessel or mail) must then be placed in an envelope, carefully addressed to the collector, and stamped with the name of the consulate and the date. The blank for the numbers of the invoices must be filled in writing. A small silk cord or narrow ribbon must then be passed through the envelope, near the ends and sides, and under the consular seal, with which the envelope must be carefully sealed. When invoices are transmitted from a consulate in the interior, or place of purchase, The copy Consular officers will, on request of the proper collectors, supply them, free of charge, If a consular officer ascertains and has reliable evidence of the falsity of an oath, administered either by himself or by a local magistrate whose certificate he has authenticated, he should notify the Treasury Department; which will transmit to him the original invoice and oath, to be used, if deemed expedient, in a prosecution for perjury. He should also promptly inform the Treasury Department, and the collector of the port to which goods may be destined, of all errors and frauds discovered in invoices that have been certified by him. The Act of June 27, 1864, authorises the Secretary of the Treasury to make regulations for sealing vessels, cars, and other vehicles coming into the United States with dutiable merchandise from any contiguous foreign lands or countries. |