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to his employee if he can show to the satisfaction of the district director that a hardship to his business would result pending issuance of an identification card.

(b) Validity and renewal. The temporary identification card shall be valid for a period of 60 days. The district director may renew the temporary identification card for additional 30-day periods if he feels that the circumstances unaer which the temporary identification card was originally issued continue to exist. The temporary identification card shall be returned by the holder or licensee to the district director when the identification card is issued or the privileges granted thereby arc withdrawn.

(c) Withdrawal of temporary card. The temporary identification card may be withdrawn at any time if in the judgment of the district director continuation of the privileges granted thereby would endanger the revenue or if the holder of the temporary identification card refuses or neglects to obey any proper order of a Customs officer or any Customs order, rule, or regulation.

(d) Bond. The licensed cartman or lighterman shall as a condition precedent to the issuance of a temporary identification card to his employee be required to post a bond in a penal sum, the amount to be determined by the district director, to guarantee return of the temporary identification card by the holder upon its withdrawal or upon issuance of a permanent identification card and to cover any loss or damage caused to the United States by the holder of the temporary identification card. The bond shall be in the following format:

District No.

BUREAU OF CUSTOMS

BOND OF CUSTOMS CARTMAN FOR ISSUANCE OF TEMPORARY IDENTIFICATION CARD

Know all men by these presents that

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Whereas, the said principal has satisfied the district director that a hardship to his business would result from the nonissuance of a temporary identification card for the said employee; and

Whereas, the said temporary identification card may be withdrawn at any time by the district director if he believes the continuation of the privileges granted thereby would endanger the revenue or the holder of the temporary identification card refuses or neglects to obey any proper order of a Customs officer or any Customs order, rule, or regulation; and

Whereas, the said principal has executed this obligation as a condition precedent to the issuance of said temporary identification card;

Now, therefore, the condition of this obligation is such that

(1) If the above-bounden principal for whose benefit the temporary identification card has been issued, shall return the said card upon notice of demand made by the district director or upon the issuance of a permanent card to the said employee; and

(2) If the said principal shall exonerate and hold harmless the United States and its officers from or on account of any risk, loss, damage, or expense of any kind or description caused by the holder of the temporary identification card; and

(3) If the said principal fails to comply with any of the foregoing conditions, shall pay the amount of this obligation as liquidated damages;

Then this obligation to be void; otherwise to remain in full force and effect.

Signed, sealed, and delivered in the presence of

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Sec.

113.36 Partners acting as surety in behalf of a partner or in behalf of a partnership.

113.37 Corporate sureties.

113.38 Delinquent sureties.

113.39 Acceptance of cash deposits or obligations of the United States in lieu of sureties on bonds.

Subpart E-Production of Documents

113.41 Entry made prior to production of documents.

113.42 Time period for production of documents.

113.43 Extension of time period.

113.44 Assent of sureties to an extension of a bond.

113.45 Charge for production of a missing document made against a term bond. 113.46 Cancellation of bond charges resulting from failure to produce documents.

Subpart F-Assessment of Damages and
Cancellation or Termination of Bond

113.51 Cancellation of bond or charge against the bond.

113.52 Failure to satisfy the bond. 113.53 Waiver of Customs requirement supported by a bond.

113.54 Cancellation of erroneous charges. 113.55 Cancellation of export bonds. 113.56 Termination of bond of Customs cartman or lighterman.

Subpart G-Special Provisions Concerning Consolidated Aircraft Bonds and General Term Bonds for the Entry of Merchandise

113.61 Consolidated Aircraft Bond. 113.62 General Term Bond for Entry of Merchandise.

AUTHORITY: R.S. 251, as amended, secs. 623, 624, 46 Stat. 759, as amended; (19 U.S.C. 66, 1623, 1624). Subpart E also issued under sec. 484, 46 Stat. 722, as amended (19 U.S.C. 1484). Additional authority and statutes interpreted or applied are cited in the text or following the sections affected.

SOURCE: T.D. 74-227, 39 FR 32015, Sept. 4, 1974, unless otherwise noted.

§ 113.0 Scope.

This part sets forth the general requirements applicable to bonds. It contains the general authority and powers of the Commissioner of Customs in requiring bonds, the classes of bonds and their approval and execution, general and special bond requirements, the requirements which must be met to be

either a principal or a surety, the requirements concerning the production of documents, and the authority and manner of assessing damages and of cancelling the bond or charges against a bond.

Subpart A-Genera! Provisions

§ 113.1 Authority to require execution of bond or security.

Where a bond or other security is not specifically required by law, the Commissioner of Customs, pursuant to Treasury Department Order No. 165 Revised, as amended (T.D. 53654, 19 FR 7241), may by regulation or specific instruction require, or authorize the district director to require, such bonds or other security considered necessary for the protection of the revenue or to assure compliance with any pertinent law, regulation, or instruction.

§ 113.2 Powers of Commissioner of Customs relating to bonds.

or

Whenever a bond is required or authorized by law, regulations, instructions, the Commissioner of Customs may:

(a) Prescribe the conditions and form of such bond, and fix the amount of penalty, whether for the payment of liquidated damages, or of a penal sum, except as otherwise specifically provided for by law.

(b) Provide for the approval of the sureties on the bond, without regard to any general provision of law.

(c) Authorize the execution of a term bond the conditions of which shall extend to and cover similar cases of importations over a period of time, not to exceed one year or such longer period as he may fix when in his opinion special circumstances existing in a particular instance require such longer period.

(d) Authorize the taking of a consolidated bond (single entry or term) in lieu of separate bonds to assure compliance with two or more provisions of law, regulations, or instructions. Such a consolidated bond shall have the same force and effect as the separate bonds in lieu of which it was taken. The Commissioner of Customs may fix the penalty of a consolidated bond

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§ 113.13 Bonds approved by the Commissioner of Customs.

(a) Submitted to district director for forwarding to Commissioner of Customs. The following bonds, after execution by the principals and sureties, shall be forwarded by the district director to the Commissioner of Customs for approval:

(1) Proprietor's Manufacturing Warehouse Bond, Class 6, Customs Form 3583. Proprietor's Manufacturing Warehouse Bond, Class 6, Customs Form 3583, in an amount to be recommended by the district director, but not less than $5,000 on each building or area and not more than $50,000 on all buildings or areas, unless the Commissioner of Customs directs that additional security is necessary. Buildings connected by loading platforms or

sheds shall be considered as separate buildings. This Customs bond shall be prepared in duplicate. The district director shall forward to the Commissioner, along with this bond, his recommendation, together with all reports, documents, and drawings filed in connection with the bond.

(2) Blanket smelting and refining bond. Blanket smelting and refining bond in the form prescribed by T.D. 72-244, in an amount to be recommended by the district director and fixed by the Commissioner. The number of copies required for this bond are set forth in § 113.27.

(b) Submitted directly to Commissioner of Customs. Public Gauger bond, the form for which may be obtained from the district director, shall be submitted directly to the Commissioner of Customs in the amount of $10,000, in accordance with § 151.43(b) of this chapter.

§ 113.14 Bonds approved by the district director.

The following bonds are subject, after execution, to approval by the district director:

(a) Proprietor's Warehouse Bond, Customs Form 3581. Proprietor's Warehouse Bond, Customs Form 3581, in the amount of $5,000 on each building or area covered, but not to exceed $50,000 on all buildings or areas, unless the district director believes additional security is necessary. Buildings connected by loading platforms or sheds shall be considered as separate buildings. All reports, documents, and drawings submitted in connection with the bonding of the warehouse shall be filed with the bond.

(b) Bonds for the carriage of merchandise-(1) Carrier's Bond, Customs Form 3587. Carrier's Bond, Customs Form 3587, for common carriers, contract carriers, and freight forwarders, in an amount to be determined by the district director, but in an amount not less than $25,000 in the case of motor and air carriers and in an amount not less than $50,000 in the case of other carriers.

(2) Private Carrier's Bond, Customs Form 3588. Private Carrier's Bond,

Customs Form 3588, in an amount to be determined by the district director.

(c) Bond of Customs Cartman or Lighterman, Customs Form 3855. Bond of Customs Cartman or Lighterman, Customs Form 3855, in such amount as the district director deems necessary, but not less than $5,000, and not more than $50,000, unless the district director deems the latter amount insufficient. If the latter amount is considered by the district director insufficient, he shall report this fact to the Commissioner of Customs for the Commissioner's determination as to the amount of the bond.

(d) Bond of Claimant of Seized Goods for Costs of Court, Customs Form 4615. Bond of Claimant of Seized Goods for Costs of Court, Customs Form 4615, in the amount of $250.

(e) Bond to Produce Manifest and Shipper's Export Declarations for Goods Exported to Canada—(1) Single entry bond, Customs Form 7303. Single entry Bond to Produce Manifest and Shipper's Export Declarations for Goods Exported to Canada, Customs Form 7303, in the amount of $1,000.

(2) Term bond. Term bond to produce manifest and shipper's export declarations for goods exported to Canada, in the form prescribed in T.D. 46594, as amended by T.D. 52626 and T.D. 55876, in such amount as the district director may deem necessary.

(f) Special carpet wool and camel's hair bond-(1) Single entry bond, Customs Form 7547. Special single entry carpet wool and camel's hair bond, Customs Form 7547, in an amount equal to the value of the wool or hair involved plus double the estimated duty, as determined at the time of entry.

(2) Term bond, Customs Form 7549. Special term carpet wool and camel's hair bond, Customs Form 7549, in the amount of $10,000, or such larger amount as the district director may deem necessary.

(g) Immediate Delivery and Consumption Entry Bond-(1) Single entry bond, Customs Form 7551. Immediate Delivery and Consumption Entry Bond (Single Entry), Customs Form 7551, in the amount equal to the

value of the articles, as set forth in the entry, plus the estimated duty (including any taxes required by law to be treated as duties) and the estimated amount of any other taxes imposed upon or by reason of importation, as determined at the time of entry except that:

(i) Merchandise entered at reduced rate of duty. When the bond is to cover merchandise granted a conditional right of entry at a reduced rate of duty, the amount of the bond shall be fixed in an amount equal to the value of the articles, as set forth in the entry, plus the maximum rate of duty prescribed by the law.

(ii) Merchandise remaining in Customs custody. When the merchandise involved will remain in Customs custody until (a) the examination of the merchandise has been completed, (b) it is found to be truly and correctly invoiced, and (c) it is determined that its release is not precluded by law or regulation and it is entitled to admission into the commerce of the United States, the bond shall be in an amount equal to the aggregate sum of double the estimated amount of ordinary Customs duty on the merchandise (including any taxes required by law to be treated as duties) plus the estimated amount of any other tax or taxes on the merchandise collectible by the district director.

(iii) Merchandise

unconditionally free of duty. When the merchandise appears to the satisfaction of the district director to be unconditionally free of duty and not prohibited from admission into the commerce of the United States, the amount of the bond may be in such lesser amount as, in the opinion of the district director, will be sufficient to accomplish the purpose for which the bond is given, but in no case less than $100.

(iv) Immediate delivery. When the bond relates to an application for immediate delivery, the amount of the bond shall be fixed in the amount equal to the value of the articles, based on the information furnished in the application, plus the estimated duty (including any taxes required by law to be treated as duties) and the estimated amount of any taxes imposed

upon or by reason of importation, as determined at the time of the application.

(2) Term bond, Customs Form 7553. Immediate Delivery and Consumption Entry Bond (Term), Customs Form 7553, in the amount of $10,000, or such larger amount as the district director may deem necessary. This bond shall be taken to cover only entries to be made at a single port and shall not be modified to cover more than one port. The rules prescribed in paragraph (g)(1) of this section for determining the amount of the single entry immediate delivery and consumption entry bond shall be applied in making charges against immediate delivery and consumption entry term bonds.

(h) Warehouse Entry Bond, Customs Form 7555. Warehouse Entry Bond, Customs Form 7555, in an amount equal to the aggregate sum of double the estimated amount of ordinary Customs duty on the merchandise (including any taxes required by law to be treated as duties) plus the estimated amount of any other tax or taxes on the merchandise collectible by the district director. When the bond is to cover merchandise granted a conditional right of entry at a reduced rate of duty, the amount of the bond shall be fixed on the basis of the maximum rate of duty prescribed by the law.

(i) Bond for Exportation or Transportation or for Transportation and Exportation-(1) Single entry bond, Customs Form 7557. Single entry Bond for Exportation or Transportation or for Transportation and Exportation, Customs Form 7557, in an amount equal to the aggregate sum of double the ordinary Customs duty on the merchandise (including any taxes required by law to be treated as duties/ plus the estimated amount of any other tax or taxes on the merchandise collectible by the district director.

(2) Term bond, Customs Form 7559. Term Bond for Exportation or Transportation or for Transportation and Exportation, Customs Form 7559, in the amount of $10,000, or such larger amount as the district director may deem necessary to afford ample security to the revenue.

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