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for consumption shall not be accepted before 12:00 noon eastern standard time in all time zones.
(b) Simultaneous presentation. Special arrangements shall be made so that all entries or withdrawals for consumption of quota merchandise may be presented at the exact moment of the opening of the quota in all the time zones in the Customs territory of the United States. All importers who are present to file entries or withdrawals for consumption when the quota opens shall be given equal opportunity to do so. All entries and withdrawals for consumption presented in the proper form shall be considered to have been presented simultaneously, even though some time may be required for checking purposes.
(c) Proration of quantities. The quantities on all entries and withdrawals for consumption submitted simultaneously shall be prorated by the Commissioner of Customs against the quota quantity admissible to determine the percentage to be allocated to each importer under the quota. Merchandise in excess of the quota will be disposed of in accordance with section 132.5.
132.13 Quotas after opening.
(a) Procedure prior to fulfillment. In order to secure for each importer the rightful quota priority and status for his quota-class merchandise and to close the quota simultaneously at all ports of entry, the Commissioner of Customs may require that authorization prior to the acceptance of an entry or withdrawal be secured or that entry or withdrawal for consumption be made at over-quota rates of duty or that special release of merchandise procedures be followed and that reports be made to the United States Customs Service as follows:
(1) Absolute quotas. The appropriate Customs officer shall note the exact date, hour, and minute of presentation on each entry or withdrawal and shall report the foregoing facts to the Commissioner of Customs and secure his approval prior to the official acceptance of the entry or withdrawal for consumption.
(2) Tariff-rate quotas. The appropriate Customs officer shall note the exact date, hour, and minute of official acceptance on each entry and withdrawal for consumption and report the foregoing facts to the Commissioner of Customs. (b) Closing of the quota. Except as provided by section 132.12, at the closing of a quota all entries or withdrawals for consumption which have acquired quota status due to priority of presentation or of official acceptance shall be entitled to quota benefits. All other entries or withdrawals are without quota status and are not entitled to any quota benefits. All the latter shall be disposed of in accordance with section 132.5.
132.14 Issuance of permits of delivery and special permits for immediate delivery.
(a) Effect of issuance of permits of delivery and special permits for immediate delivery prior to entry. A permit of delivery, or a special permit for immediate delivery prior to entry, does not accord quota priority or status, nor is it entitled to any consideration in according any quota benefit.
(b) Permits of delivery.--(1) Absolute quota merchandise. Permits of delivery on merchandise subject to an absolute quota shall not be issued prior to a determination of quota status.
(2) Tariff-rate quota merchandise. Permits of delivery on merchandise subject to a tariff-rate quota shall not be issued prior to a determination of quota status unless estimated duties are deposited at the over-quota rate of duty.
(c) Entry following special permit for immediate delivery. If quota-class merchandise is the subject of an application for a special permit for immediate delivery prior to entry, the time of presentation of the entry for consumption shall not precede the time when the importing carrier reaches the limits of the port where entry is to be made. See sections 141.69 and 142.11 of this chapter on the time allowed for filing the entry at the close of a quota period. 132.15 Withdrawal from warehouse prior to opening of quota.
Merchandise entered for warehouse for which a withdrawal for consumption has been made in the manner prescribed in section 141.68 (d) of this chapter prior to the opening of any quota period, may not be accorded any quota benefit which may become effective after the time of acceptance of such withdrawal, even though the permit of delivery for the withdrawn merchandise is not delivered to the Customs warehouse officer until after the effective date of the quota benefit.
Subpart C--MAIL IMPORTATION OF ABSOLUTE QUOTA MERCHANDISE
132.21 Regulations applicable.
In addition to the regulations applicable to all mail importations (see Part 145 of this chapter), the regulations in this subpart shall apply to mail importations of absolute quota merchandise.
132.22 When quota is filled.
Any packages containing merchandise subject to an absolute quota which is filled shall be returned to the postmaster for return to the sender immediately as undeliverable mail. The addressee will be notified on Customs Form 3509 or in any other appropriate manner that entry has been denied because the quota is filled.
132.23 Partial release procedure.
(a) Notification of quota restrictions. If because of quota restrictions, a mail importation cannot be released, the district director at the port of destination shall notify the addressee on Customs Form 3509 of the procedure required by paragraph (b) of this section, and shall inform the addressee that upon return of the Acknowledgement of Delivery by Postal Service, the packages admissible under the absolute quota will be forwarded to him and the restricted packages will be returned to the sender as inadmissible. The district director may at his discretion hold packages if it appears that the absolute quota will reopen in less than 30 days.
(b) Acknowledgement of Delivery. An Acknowledgement of Delivery by Postal Service shall be sent to the addressee. He shall be advised that if he desires to secure release of less than the total number of packages of the merchandise, the Acknowledgement of Delivery by Postal Service must be signed by him and returned to the district director. Such Acknowledgement of Delivery by Postal Service shall be in the following form:
ACKNOWLEDGEMENT OF DELIVERY BY POSTAL SERVICE
In consideration of the fact that certain articles in a mail importation consisting of ber) packages mailed to me by___ (name of sender) of.
(date of mailing), are subject to quota restrictions under which only a portion of such articles may be admitted to entry at one time, and the Postal Service permits no division of the importation before delivery thereof, and since I am desirous of receiving the packages of such importation which are admissible to entry under the quota administered by the United States Customs, I hereby agree and acknowledge that delivery of the package or packages to the United States Customs shall be regarded as delivery by the Postal Service to me.
(Signature of Addressee)
(c) Agreement to less than full delivery. If, in any case the sender of a mail package has indicated his agreement to the delivery of less than the entire importation at one time, an Acknowledgement of Delivery by Postal Service need not be secured from the addressee.
(d) Deposit required. If a portion of a mail shipment may be released, the district director may require a deposit of an amount sufficient to defray the expenses of repacking merchandise for shipment by mail to the addressee. The shipment shall be under Government frank without new postage.
Unless a formal entry or entry by appraisement is required, a mail entry on Customs Form 3419 shall be issued and forwarded with the package to the postmaster for delivery to the addressee and collection of any duties in the same manner as for any other mail package subject to Customs treatment.
132.25 Undeliverable shipment.
If within a reasonable time, but not to exceed 30 days, the addressee fails to indicate to the district director an intention to receive delivery of the packages or a portion thereof in accordance with the notice on Customs Form 3509 which
was sent to him by the district director, the importation shall be treated in the same manner as other undeliverable mail.
Parallel Reference Table
(This table shows the relation of sections in revised Part 132 to superseded 19 CFR Part 12.)
Part 133--TRADEMARKS, TRADE NAMES, AND COPYRIGHTS
133.45 United States manufacturing requirements for
Demand for redelivery of released articles.
Authority: The provisions of this Part 133 issued under R.S. 251, as amended, sec. 624, 46 Stat. 759; 19 U.S.C. 66, 1624. Subpart D also issued under sec. 109, 61 Stat. 664, 17 U.S.C. 109.
This part provides for the recordation of trademarks, trade names, and copyrights with the United States Customs Service for the purpose of prohibiting the importation of certain articles. It also sets forth the procedures for the disposition of articles bearing prohibited marks or names, and copyrighted or piratical articles, including release to the importer in appropriate circum
Subpart A--RECORDATION OF TRADEMARKS
Recordation of trademarks.
(a) Eligible trademarks. Trademarks registered by the United States Patent Office under the Trademark Act of March 3, 1881, the Trademark Act of February 20, 1905, or the Tradamark Act of 1946, (15 U.S. C. 1051 et. seq.) except those registered on the supplemental register under the 1946 Act (15 U.S.C. 1096), may be recorded with the United States Customs Service if the registration is current.
(b) Notice of recordation and other action. Applicants and recordants will be notified of the approval or denial of an application filed in accordance with sections 133.2, 133.5, 133.6, and 133.7 of this subpart.
(Secs. 28, 42, 60 Stat. 436, 440; 15 U.S.C. 1096, 1124)
133.2 Application to record trademark.
An application to record one or more trademarks shall be in writing, addressed to the Commissioner of Customs, Washington, D.C. 20226, and shall include the following information:
(a) The name, complete business address, and citizenship of the trademark owner or owners (if a partnership, the citizenship of each partner; if an association or corporation the State, country or other political jurisdiction within which it was organized, incorporated, or created);