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Title 19-Customs Duties

CHAPTER I—United States Customs Service, Department of the Treasury

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CROSS REFERENCES: Regulations of the Department of Agriculture: See Titles 7 and 9.

Internal Revenue Service, Department of the Treasury: See Internal Revenue Service, 26

CFR Chapter I.

Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury: 27 CFR Chapter I.

Drug Enforcement Administration, Department of Justice: See Food and Drugs, 21 CFR

Chapter II.

Coast Guard, Department of Transportation: See 33 CFR Chapter I and 46 CFR Chapter I.

Customs service in the Canal Zone: See Panama Canal, 35 CFR Part 57.

Defense Department procurement: See National Defense, 32 CFR Chapter I, Subchapter A.

Department of State: See Foreign Relations, 22 CFR Chapter I.

Export clearance and destination control: See Commerce and Foreign Trade, 15 CFR

Part 386.

Food and Drug Administration, Department of Health, Education, and Welfare: See Food
and Drugs, 21 CFR Chapter I.

Foreign excess property: See Commerce and Foreign Trade 15 CFR Part 302.

Foreign trade statistics: See Commerce and Foreign Trade, 15 CFR Part 30.
Foreign-Trade Zones Board: See Commerce and Foreign Trade, 15 CFR Chapter IV.

Immigration and Naturalization Service, Department of Justice: See Aliens and Nationality,
8 CFR Chapter I.

Importation of wildlife or eggs; and importation of feathers of wild birds: See Wildlife and

Fisheries, 50 CFR Parts 13-14.

Postal Service (International Mail): See United States Postal Service, 39 CFR Chapter I,
Subchapter B.

Public Health Service, Department of Health, Education, and Welfare: See Public Health,

42 CFR Chapter I.

Part

Page

148

Personal declarations and exemptions

496

151

152

Examination, sampling, and testing of merchandise
Classification and appraisement of merchandise

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153

Antidumping

543

158

Relief from duties on merchandise lost, damaged, abandoned, or

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175

176

Petitions by American manufacturers, producers, and wholesalers.
Proceedings in the Customs Court

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177

NOTE 1: For nomenclature changes made to Chapter I, see 30 FR 10913, Aug. 21, 1965; 30 FR 11180, Aug. 31, 1965; 38 FR 13037, May 18, 1973; 40 FR 27934, July 2, 1975. NOTE 2: Other regulations issued by the Department of the Treasury appear in 12 CFR Chapter I; 26 CFR Chapter I; 27 CFR Chapter I, and Title 31.

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AUTHORITY: The provisions of this Part 1 issued under 77A Stat. 14, sec. 624, 46 Stat. 759, 79 Stat. 1317; 5 U.S.C. 301, 19 U.S.C. 66, 1202 (Gen. Hdnote 11), 1624; Reorganization Plan 1 of 1965, 3 CFR 1965 Supp., unless otherwise noted.

SOURCE: The provisions of this Part 1 appear at 31 FR 10668, Aug. 11, 1966, unless otherwise noted.

§ 1.1 Authority of Customs officers.

(a) No action taken by any person pursuant to authority delegated to him by the Secretary of the Treasury (whether 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 office, shall not invalidate any action taken by any customs officer.

(d) Unless otherwise indicated, "district director of Customs," "collector of 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, N.Y.); the area directors of Customs in the district of New York, N.Y.; 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", "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.

[T.D. 66-161, 31 F.R. 10668, Aug. 11, 1966, as amended by T.D. 67–8, 31 F.R. 16564, Dec. 28, 1966; 31 F.R. 16765, Dec. 31, 1966; T.D. 69– 249, 34 F.R. 18855, Nov. 26, 1969; T.D. 71–79, 36 F.R. 4979, Mar. 16, 1971]

§ 1.2

Customs regions, districts and ports.

(a) A Customs region is the geographical area under the Customs jurisdiction of a regional commissioner of Customs. A Customs district is the geographical area under the Customs jurisdiction of a district director of Customs.

(b) The term "port" and "port of entry," as used in these regulations, refer to any place designated by Executive order of the President,' by order of the Secretary of the Treasury,1 or by act of Congress, at which a Customs officer is

1 "The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require." (19 U.S.C. 2)

By virtue of the authority vested in him by sec. 1 of the act of Aug. 8, 1950 (64 Stat. 419), the President, by Executive Order

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assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws.'

(c) The following is a list of Customs regions and districts, with a list of the ports in each district. The first-named port in each district (in capital letters) is the headquarters port. The ports were created by the President's message of March 3, 1913, concerning a reorganization of the Customs Service pursuant to the Act of August 24, 1912 (37 Stat. 434; 19 U.S.C. 1). That organization has been changed by subsequent orders of the President and the Secretary of the Treasury. Orders affecting existing ports are cited in parentheses following the name of the port effected.

10289, dated Sept. 17, 1951 (16 FR. 9499), delegated to the Secretary of the Treasury the authority theretofore vested in the President by sec. 1 of the act of Aug. 1, 1914, as amended (19 U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the several customs-collection districts, (2) to discontinue ports of entry by abolishing the same and establishing others in their stead, and (3) to change from time to time the location of the headquarters in any customs-collection district as the needs of the service may require.

2 The Customs district of the Virgin Islands although under the jurisdiction of the Secretary of the Treasury, has its own customs laws. (See 48 U.S.C. 14061.) This district, therefore, is outside the customs territory of the United States and the ports thereof are not "ports of entry" within the meaning of these regulations.

3 The Customs region of New York City, N.Y., and the Customs district of New York City, N.Y., are coextensive.

The States of Maine and New Hampshire except the county of Coos.

Districts

Ports of entry

PORTLAND, MAINE (including territory described in E.O. 9297, Feb. 1, 1943; 8 F.R. 1479). Bangor, Maine (including Brewer, Maine) (E.Ó. 9297, Feb. 1, 1943; 8 F.R. 1479).

Bar Harbor, Maine (including Mount Desert Island, the city of Ellsworth, and the townships of Hancock, Sullivan, Sorrento, Gouldsboro, and Winter Harbor) (E.O. 4572, Jan. 27, 1927).

Bath, Maine (including Booth Bay and Wiscasset) (E.O. 4356, Dec. 15, 1925.)

Belfast, Maine (including Searsport) (E.O. 6754, June 28, 1934).

Bridgewater, Maine (E.O. 8079, Apr. 4, 1939; 4 F.R. 1475).

Calais, Maine (including townships of Calais, Robbinston, and Baring) (E.O. 6284, Sept. 13, 1933).

Eastport, Maine (including Lubec and Cutler) (E.O. 4296. Aug. 26, 1925).

Fort Fairfield, Maine.

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