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By virtue of authority vested in me by said Treasury Department Order No. 129 (Revision No. 2), and Treasury Department Order No. 165, Revised (T.D. 53654; 19 F.R. 7241), there is hereby delegated to the regional commissioners of Customs, district directors of Customs, and port directors of Customs, in the event of an enemy attack on the continental United States, authority to perform any function of the Commissioner of Customs which is necessary to insure continuous performance of essential functions otherwise assigned to such officers. This delegation of authority will remain in effect until notice has been received from proper authority that it has been terminated.
This order super sedes Customs Delegation Order No. 44, dated January 15, 1973 (T.D. 73-22; 38 F.R. 1944).
(40 FR 48701, 10/17/75)
VERNON D. ACREE, Commissioner of Customs.
Customs Delegation Order No. 53
Order of the Commissioner of Customs delegating certain authority
Department of the Treasury,
Washington, D.C., February 11, 1976.
By virtue of the authority vested in me by Treasury Department Order No. 145, Revision (32 FR 3066), I hereby delegate to the Regional Commissioners of Customs the authority to consider, ascertain, adjust, determine, deny or settle and pay claims not in excess of $2,500 arising under 28 U.S.C. 2672 by reason of the negligent or wrongful act or omission of any employee of the Customs Service.
This order supersedes Customs Delegation Order No. 47, dated October 16, 1973 (T.D. 73-298, 38 FR 29238).
(41 FR 7551, 2/19/76)
VERNON D. ACREE. Commissioner of Customs.
Customs Delegation Order No. 54
Order of the Commissioner of Customs delegating authority, with respect to the withholding from compensation due Customs employees any amounts erroneously paid such employees, to the Regional Commissioners and the Assistant Commissioner, Office of Administration
Department of the Treasury,
By virtue of the authority vested in me by 5 U.S.C. 5514, and by Treasury Department Circular No. 871, First Supplement, dated November 12, 1954, I hereby delegate to the Assistant Commissioner, Office of Administration, insofar as employees in the Customs Service headquarters are concerned, and to the Regional Commissioners of Customs, insofar as employees in their regions are concerned, the authority to withhold from compensation due Customs employees any amounts erroneously paid such employees. The deductions shall be in accordance with the provisions of 5 U.S.C. 5514 and Treasury Department Circular No. 871, First Supplement, dated November 12, 1954.
This order shall take effect upon publication in the Federal Register. (41 FR 8508, 2/27/76)
VERNON Ó, ACREE, Commissioner of Customs.
(See the table of contents at the beginning of each part and the index at the end of these regulations]
4. Vessels in Foreign and Domestic Trades
6. Air Commerce Regulations---
7. Customs Relations with Insular Possessions and Guantanamo Bay Naval Station-
10. Articles Conditionally Free, Subject to a Reduced Rate, Etc.
ll. Packing and Stamping; Marking -
12. Special Classes of Merchandise----
18. Transportation in Bond and Merchandise in Transit
19. Customs Warehouses, Container Stations, and Control of Merchandise Therein
24, Customs Financial and Accounting Procedure
54. Certain Importations Temporarily Free of Duty
103. Availability of Information
112. Carriers, Cartmen, and Lightermen-
123. Customs Relations with Canada and Mexico
125. Cartage and Lighterage of Merchandise
127. General Order, Unclaimed, and Abandoned Merchandise
133. Trademarks, Trade Names, and Copyrights-
134, Country of Origin Marking
142. Special Permits for Immediate Delivery Prior to Entry-
143. Consumption, Appraisement, and Informal Entries
144. Warehouse and Rewarehouse Entries and Withdrawals-
148, Personal Declarations and Exemptions
151. Examination, Sampling, and Testing of Merchandise
152. Classification and Appraisement of Merchandise
158. Relief from Duties on Merchandise Lost, Damaged, Abandoned, or Exported
161. General Enforcement Provisions -----
162. Inspection, Search, and Seizure---
171. Fines, Penalties, and Forfeitures ---
173. Administrative Review in General
175. Petitions by American Manufactures, Producers, and Wholesalers
176. Proceedings in the Customs Court
19 CFR Chapter I
Part 1.--GENERAL PROVISIONS Sec.
Sec. 1.1 Authority of Customs officers.
1.5 Office of Investigations, 1.2 Customs regions, districts and ports.
1.6 Customs laboratories. 1.3 Customs stations; requirements for transaction of cus- 1.7 Hours of business. toms business at places other than ports of entry.
1.8 Customs seal. 1.4 Customs offices in foreign countries.
1.9 Identification cards, 1.4a Assignment of Customs regions to regional directors, 1.11 Definitions,
security and audit, Authority: The provisions of this Part 1 issued under R.S. 161, 251, 77A Stat. 14, sec. 624, 46 Stat. 759, 79 Stat. 1317; 5 U.S.C. 22, 19 U.S.C. 66, 1202 (Gen. Hdnote 11), 1624. Reorganization Plan 1 of 1965; 3 CFR 1965 Supp. Other authorities are cited to text in parentheses.
1.1 Authority of Customs officers.--(a) No action taken by any person pur
TDs 56526. suant to authority delegated to him by the Secretary of the Treasury (whether 66-161, directly or by subdelegation) shall be invalid by reason of the fact that any statute or regulation, including any provision of this chapter, provides or indicates that such action shall be taken by some other person.
(b) Any action performed by a person pursuant to authority delegated to him by the Secretary of the Treasury (whether directly or by subdelegation) shall constitute compliance with any requirement of any statute or regulation which provides or indicates that it shall be the duty of some other person to perform such action.
(c) Any failure to perform any function required by statute or regulation, which failure is attributable to a reorganization of the Customs Service or the consolidation of the functions of two or more persons in one officer, shall not invalidate any action taken by any Customs officer.
(d) Unless otherwise indicated, "district director of Customs," "collector of TD's 67-8, 71-79. Customs," "appraiser of merchandise" and variations of those terms, such as "district director," "collector of the district," "collector," "deputy collector," or "appraiser" as used in this Chapter shall mean the district director of Customs at a headquarters port of the district (except the district of New York, New York); the area directors of Customs in the district of New York, New York; and the port director at a port not designated as a headquarters port. Ordinarily each port director will exercise the authority delegated herein only where statute, regulation, or instruction contemplates action at the port over which he has supervision.
(e) Unless otherwise indicated, "Customs agent", "Customs agent in charge'', TD 69-249. "supervising Customs agent", including any of the foregoing with the prefix "assistant", as used in this Chapter, shall mean special agent, special agent in charge, and supervising special agent, or any of the foregoing with the prefix assistant", respectively.
1.2 Customs regions, districts and ports.--(a) A Customs region is the geo- TDs 33249, 34753, graphical area under the Customs jurisdiction of a regional commissioner of 34951, 36189, 36603, Customs. A Customs district is the geographical area under the Customs juris- 37345,38263,39429,
44076,49951,50023, diction of a district director of Customs.
50031,50149,50700, (b) The terms ''port" and "'port of entry," as used in these regulations, refer
1 to any place designated by, Executive order of the President, by order of the
51956,52409,52716, 1 Secretary of the Treasury, or by act of Congress, at which a Customs officer 52848,52943,52975,
53033,53336,53514, 1 "The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by con- 53576,53707,53786, solidation or otherwise, the several Customs-collection districts and to discontinue ports of entry by abolishing the 54017,54137,54166, same or establishing others in their stead. The President is authorized from time to time to change the location of 54202,54682,54683, the headquarters in any Customs-collection district as the needs of the service may require." (19 U.S.C. 2)
54741,54834,54867, (Footnote I continued on page CR-2) 54884,54900.55020,