Delegation Treasury Department Order No. 165-21 (Revision 1) to the Commissioner of Customs of certain functions under the Customs Convention on the International transport of goods under cover of TIR carnets Treasury Department, Washington, D.C., February 17, 1969. (1) By virtue of authority vested in the Secretary of the Treasury by Executive Order No. 11450 dated January 18, 1969 (34 F.R. 919), and pursuant to authorization provided by Treasury Department Order No. 190, Rev. 5 (33 F.R. 5811), the Commissioner of Customs is hereby designated to take all necessary action required of the United States under section 1 of Article 5 of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) to which the United States Senate gave its consent on March 1, 1967, and shall exercise his authority hereunder subject to the conditions set forth in section 2 of said Article 5. (2) Treasury Department Order No. 165-21, differing in text but not in substance, is hereby rescinded. (34 FR 2616, 2/26/69) MATTHEW J. MARKS, Acting Assistant Secretary of the Treasury. (T.D. 69-69) Treasury Department Order No. 165-22 Rates Fixed for Reimbursable Services of Customs Officers and Employees in The Virgin Islands Treasury Department, Washington, D. C., February 26, 1969. Under authority vested in the Secretary of the Treasury by section 36 of the Act of June 22, 1936, 49 Stat. 1816 (48 U.S.C. 1406i), to fix the compensation of officers and employees appointed for the administration of the customs laws in the Virgin Islands of the United States and pursuant to authorization provided by Treasury Department Order No. 190, Revision 5 (33 F.R. 5811), it is hereby ordered that: 1. The rates of extra compensation fixed under section 5 of the Act of February 13, 1911, 36 Stat. 901, as amended (19 U.S.C. 267), for services for which extra compensation would be payable under the Act or under section 451 of the Tariff Act of 1930, as amended (19 U.S.C. 1451), and the regulations thereunder for services performed in connection with the administration of the customs laws of the United States shall apply to customs officers and employees appointed for the administration of the customs laws in the Virgin Islands of the United States. 2. Payment to customs officers and employees in the Virgin Islands for extra compensation shall be made from the Virgin Islands Trust Fund. Collections from parties in interest for extra compensation will be made by the Government of the Virgin Islands under authority of its local laws. 3. The application of the rates fixed under 19 U.S.C. 267 to the Virgin Islands customs officers and employees will be subject to the regulations, decisions, directions for assignment and control of personnel, and the accounting procedures that are applicable to customs officers other than those in the Virgin Islands. 4. This order shall become effective on April 6, 1969, and shall apply to reimbursable services performed on and after that date. Notices that the action taken by this Order was proposed were published in the Federal Register of July 20, 1967 (32 F.R. 10670), and December 31, 1968 (33 F.R. 20056). (34 FR 3859, 3/5/69) MATTHEW J. MARKS, Acting Assistant Secretary of the Treasury. vi(n) Treasury Department Order No. 165-23 Designation as United States Customs Service Department of the Treasury, Washington, D.C., April 4, 1973. By virtue of the authority vested in me as Secretary of the Treasury, it is hereby ordered that: 1. The Bureau of Customs is designated the United States Customs Service, effective August 1, 1973. 2. As appropriate, all regulations, rules, orders, decisions, forms, and other Customs and Treasury documents are amended to conform to this order but existing supplies of these materials shall continue to be used without change until they are exhausted. 3. No action taken pursuant to this designation shall be invalid by reason of the fact that any statute or regulation provides or indicates that the action should have been taken under a different name. (38 FR 13037, 5/18/73) vi (n)-1 GEORGE P. SHULTZ, Secretary of the Treasury. CUSTOMS DELEGATION ORDER NO. 1 (REVISION 1) AMENDED Performance of functions in the United States Customs Service Department of the Treasury, 1. By virtue of the authority vested in me by Treasury Department Order No. 165, Revised (T.D. 53654, 19 F.R. 7241), as amended, the following officers in the headquarters office of the United States Customs Service are hereby authorized to make decisions and perform functions as follows: A. ASSISTANT COMMISSIONER OF CUSTOMS, OFFICE OF REGULATIONS AND RULINGS: Decisions with respect to any claim (including claim for liquidated damages), fine, or penalty (including forfeiture) now delegated to the Commissioner of Customs by paragraph (h) of Treasury Department Order No. 165, Revised, as amended, (supra), decisions with respect to appeals from denials of requests for information under 5 U.S.C. 552, decisions with respect to appeals from denials of requests for amendment of records under 5 U.S.C. 552a, decisions denying or approving requests for extension of the time for the submission of comments on proposed amendments to the Customs Regulations, and decisions and functions relating to all matters in which authority also is delegated by this Order to the Director, Classification and Value Division, the Director, Entry Procedures and Penalties Division, and the Director, Carriers, Drawback and Bonds Division. (a) Director, Classification and Value Division: TDs 72-42, 72–321, 73-293, 77-1, 77-200. (1) Decisions relating to the tariff classification, free and dutiable status TD 72-42, 72-321. of merchandise, including matters arising out of the Tariff Schedules of the United States, the qualification for the free entry of merchandise under section 321, Tariff Act of 1930, as amended, and the Trade Fair Act of 1959; legal aspects of valuation, dumping and countervailing duty determinations and procedures; and authorizations for liquidation or reliquidation of entries in matters relating to the above. (2) Decisions other than those enumerated heretofore in subparagraph TDs 72-42, 72–321. (a), in matters arising under provisions of law administered in the Classification and Value Division. (b) Director, Entry Procedures and Penalties Division: chandise. (1) Decisions with respect to the legal aspects of the entry of mer (2) Decisions with respect to (i) any claims (including liquidated damages) except as otherwise provided in Treasury Department Order No. 165, Revised, as amended (supra), (ii) mitigation or remission of claims, fines, penalties (including forfeitures) incurred or arising out of any laws administered by the United States Customs Service in amounts not exceeding $50,000 in the aggregate in any one case and (iii) offers in compromise under 19 U.S.C. 1617, as amended, if recommended by the General Counsel of the Treasury Department. (3) Decisions denying or approving requests under 5 U.S.C. 552 and 5 U.S.C. 552a. (4) All other decisions in matters arising under provisions of law administered in the Entry Procedures and Penalties Division. (c) Director, Carriers, Drawback and Bonds Division: TDs 72-42, 72-321. TD 73-293. TDs 72-321, 77-200, TD 77-200. (1) Decisions relating to the legal aspects of entry, clearance, use and TD 72-321. dutiability of vessels and aircraft, vehicles and other carriers, their equipment and repairs and other maritime activities, connected with the administration of the laws administered by the United States Customs Service. (2) Decisions with respect to the designation of instruments of inter- TD 75-317. national traffic and to the legal aspects of control over such instruments. (3) Decisions relating to legal questions about bonds, bonded warehouses, the entry of articles under items 820.40, 820.50 and Schedule 8, Part 5, Subpart C, Tariff Schedules of the United States, and drawback rates and collateral drawback matters. (4) Decisions, other than those enumerated heretofore in this subpara- TD 72-321. graph (c), in matters arising under provisions of law administered in the Carriers, Drawback and Bonds Division. vi(o) TD 72-321. TD 72-321. TD 72-321. TD 72-321. TD 72-321. B. ASSISTANT COMMISSIONER OF CUSTOMS, OFFICE OF OPERATIONS: Decisions and functions relating to all matters in which authority also is delegated by this Order to the Director, Inspection and Control Division, and the Director, Appraisement and Collections Division. (a) Director, Inspection and Control Division: (1) Decisions concerning (i) requests for permission for scheduled aircraft to land elsewhere than at an international airport, and (ii) the establishment and changing of hours of service at ports of entry, stations, and offices. (2) Decisions, other than those heretofore enumerated in this subparagraph (a), regarding procedural and operational matters relating to the functions administered by the Inspection and Control Division. (b) Director, Appraisement and Collections Division: (1) Decisions interpreting and applying factual information concerning matters of value (value decisions, final list, etc.). chandise. (2) Decisions regarding the proper statistical classification of mer (3) Decisions, other than those heretofore enumerated in this subparagraph (b), regarding procedural and operational matters relating to the functions administered by the Appraisement and Collections Division. 2. Each of the officials hereby designated will perform under this authority in his own capacity and under his own title and shall be responsible for referring to the Commissioner of Customs any matter of exceptional importance or which involves some special factor requiring that action be taken by the Com. missioner of Customs. 3. The delegations made by this Order relate to decisions to be made and functions to be performed at the headquarters office of the Bureau of Customs, and no such delegation to these officers shall be interpreted as revoking or modifying any delegation made to the Customs field officers. 4. Customs Delegation Order No. 1 (T.D. 53161; 17 F.R. 11705), as amended by T.D. 53694, 19 F.R. 8756; T.D. 53914, 20 F.R. 7554; T.D. 54654, 23 F.R. 5962; T.D. 55431, 26 F.R. 6628; T.D. 55543, 27 F.R. 262; T.D. 55823, 28 F.R. 1267; T.D. 55946, 28 F.R. 7611; T.D. 56262, 29 F.R. 13350; T.D. 56293, 29 F.R. 14860; and T.D. 66-4, 31 F.R. 226, is rescinded. However, all delegations of authority to Customs officers and employees, whether in the headquarters office of the Bureau of Customs in Washington, or in the field, heretofore made in the Cus. toms Regulations of 1943, as amended (19 CFR, Chapter II), or any other regulation, order, or instruction, other than those in Treasury Decisions 52209, 52330, 52331, and 52394 (14 F.R. 2244, 6533, 6534, 15 F.R. 589), heretofore superseded, are continued in effect unless and until otherwise prescribed. Further, all functions which immediately prior to the effective date of Reorganiza. tion Plan No. 26 of 1950 (15 F.R. 4935) were vested by law in Customs officers other than the Commissioner of Customs (which have been performed by such officers or by their successors under Reorganization Plan No. 1 of 1965 (3 CFR 1964-1965 Comp.) and under Treasury Order No. 120, dated July 31, 1950 (15 F.R. 6521)), shall continue to be performed by such officers or by their successors unless and until otherwise prescribed. (34 F.R. 8208, 5/27/69) vi(p) LESTER D. JOHNSON, Commissioner of Customs. |