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(b) The fact that such animals may be used incidentally for driving or working purposes will not exclude them from free entry if they are imported primarily for breeding purposes.

(abstract 18615),

32776, abstract

Art. 470. Same-Affidavit-Certificate.-(a) There must T. Ds. 28910 be filed in connection with the entry an affidavit on cus-31147, 31518, toms Form 3327 showing that the importer is a citizen 40845, 36468, of the United States and that the animals are imported specially for breeding purposes.

(b) Importers should make application for a certificate of pure breeding direct to the Bureau of Animal Industry of the Department of Agriculture on Form A. H. 105, accompanied by an affidavit on Form A. H. 283.

(c) Certificates of pedigree and evidence of transfer of ownership must be furnished inspectors of the Bureau of Animal Industry at the port of first arrival in time to permit their use in connection with the examination of the animals by such inspectors at that port, and certificates of pure breeding will not be issued by the Department of Agriculture until the description of the animals based on the examination thereof and comparison with the pedigree certificates by the inspector of the Bureau of Animal Industry is received at the Department of Agriculture. Certificates of pure breeding will be forwarded by the Bureau of Animal Industry direct to the collector of customs at the port of entry. When the certificate of pedigree and evidence of transfer of ownership are not furnished prior to the release of the animal by the representative of the Bureau of Animal Industry, the claim for free entry should be rejected.

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Art. 471. Same-Bond for production of evidenceStipulation. (a) A bond on customs Form 7551 or 7553 may be given by the importer for the production within six months of the required affidavit, if it can not be filed at the time of entry, and a certificate of pure breeding, provided the certificates of pedigree and evidence of transfer of ownership were furnished in accordance with paragraph (c) of the preceding article.

(b) Such bond will be canceled only upon the production of the required evidence or on payment of duties. (c) Should the importer so elect, estimated duties may be deposited and a written stipulation filed with the collector within 10 days after the date of entry to produce the affidavit and certificate of pure breeding within six

38011, 44754

T. D. 40740.

months from the date of entry, whereupon the liquidation of the entry will be suspended.

Art. 472. Horses and mules for immediate slaughter.— (a) Tariff act of 1930, paragraph 1695 (free list):

Horses or mules imported for immediate slaughter.

(b) Horses or mules claimed to be entitled to free entry under this paragraph may be admitted free of duty upon the submission of an affidavit stating that the animals are being imported solely for slaughter; provided the collector is satisfied from an examination of the animals and such other investigation as he deems necessary that no other use is intended.

Art. 473. Animals straying or driven across boundary for pasturage-Offspring.-(a) Tariff act of 1930, par. 1606 (c) (free list):

Horses, mules, asses, cattle, sheep, and other domestic animals straying across the boundary line into any foreign country, or driven across such boundary line by the owner for temporary pasturage purposes only, together with their offspring, shall be dutiable unless brought back to the United States within eight months, in which case they shall be free of duty, under regulations to be prescribed by the Secretary of the Treasury:

(b) Upon driving such animals across the boundary for pasturage purposes, the owner must file with the collector of customs a descriptive list stating the number of animals, their sex, age, and marks or brands, together with a written statement that the animals therein described are being taken abroad for temporary pasturage purposes only.

(c) Upon the return of such animals within eight months entry will be required and there shall be filed in connection therewith a declaration in the following form: I, do solemnly declare that I am a resident of that the animals now being returned to the United States are

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of the identical animals described in the list filed with the collector
of customs at the port of
19; and that

on the

day of

of their offspring accompany said animals. (d) Upon the establishment of the intention of the owner to take the animals abroad for temporary pasturage purposes and their identification with the list filed with the collector at the time they were driven from the United States, they may be passed free of duty.

(e) Whenever domestic animals are driven across the boundary line into a foreign country, the collector should endeavor to ascertain whether or not the owner intends to return them to the United States after temporary pasturage abroad, and, if such intention is disclaimed,

or, if, after the matter has been brought to the attention of the owner or his agent, the above-mentioned declaration shall not be filed, this fact should be noted on the export declaration.

(f) Animals which have strayed across the boundary line may be returned, together with their offspring, without entry if brought back within 30 days, otherwise entry will be required. Collectors of customs shall satisfy themselves that such animals are owned in the United States and that they did in fact stray across the boundary line.

Art. 474. Wild animals and birds-Zoological collec- T. D. 16576. tions. (a) Tariff act of 1930, paragraph 1607 (free list):

* * * wild animals and birds intended for exhibition in zoological collections for scientific or educational purposes, and not for sale or profit.

(b) Such animals or birds will be admitted free of duty upon a declaration by the importer being filed in connection with the entry that the animals or birds are specially imported for scientific or educational purposes as the permanent property of the importer, and not for sale or profit. When such animals or birds are imported for menageries or similar institutions they are subject to duty.


Art. 475. Game animals and birds. (a) Tariff act T. D. 44467. of 1930, paragraph 1682 (free list):

Live game animals and birds, imported for stocking purposes, and game animals and birds killed in foreign countries by residents of the United States and imported by them for noncommercial purposes; under such regulations as the Secretary of Agriculture and the Secretary of the Treasury shall prescribe.

(b) The following classes of live game animals and birds may be admitted free of duty for stocking purposes, if the requirements of the Department of Agriculture, Bureau of Biological Survey, have been complied with, without reference to the Bureau of Customs.


1. Cervidæ, commonly known as deer and elk. 2. Leporida, commonly known as rabbits.

3. Sciurida, commonly known as squirrels.


1. Anatidæ, commonly known as ducks and geese.
2. Gallinæ, commonly known as turkeys, grouse,

pheasants, partridges, and quail.

3. Otididæ, commonly known as bustards.

T. Ds. 31318, 40871.

4. Tinamidæ, commonly known as tinamous.

(c) Application for the free entry of other live animals or birds under paragraph 1682 should be referred to the Bureau of Customs for consideration. Animals imported for fur-farming purposes should not be admitted free of duty under that paragraph.

(d) There shall be filed in connection with the entry a declaration by the importer or his agent on customs Form 3313. If the declaration is signed by an officer of the Federal or a State Government, or a person who shall present to the collector an order for the shipment given him by the Federal or a State Government, a statement as to the place of delivery shall not be required.

(e) Game animals and birds killed in foreign countries by residents of the United States, if not imported for sale or other commercial purposes, may be admitted free of duty upon the filing of a declaration on customs Form 3315. No bond or cash deposit to insure the destruction or exportation of the plumage of such birds shall be required.

Art. 476. Furs and fur skins.-(a) Tariff act of 1930, paragraph 1681 (free list):

Furs and fur skins, not specially provided for, undressed.

(b) Importers of shearling sheepskins or other skins bearing wool or hair of the kinds described in paragraphs 1101 or 1102 and claimed to be free of duty under paragraph 1681, should be required to file an affidavit that the skins are to be used for no other purpose than as fur skins, and free entry should be made dependent on the return of the appraiser that they are of a character which would make it unprofitable to remove the wool or hair for the ordinary purposes for which wool or hair is used and are specially selected and suitable for use without removing the wool or hair from the skin in the manufacture or trimming of clothing, driving gloves, etc.


Art. 477. Free entry authorized-Definition.-(a) Tariff act of 1930, paragraph 1730 (a) (free list):

All products of American fisheries (including fish, shellfish, and other marine animals, and spermaceti, whale, fish, and other marine animal oils), which have not been landed in a foreign country or which, if so landed, have been landed solely for transshipment without change in condition: Provided, That fish the product of American fisheries (except cod, haddock, hake, pollock, cusk, mackerel, and swordfish) landed in a foreign country and there not further advanced than beheaded, eviscerated, packed in ice,

frozen, and with fins removed, shall be exempt from duty: Provided further, That products of American fisheries, prepared or preserved by an American fishery, on the treaty coasts of Newfoundland, Magdalen Islands, and Labrador, as such coasts are defined in the Convention of 1818 between the United States and Great Britain, shall be exempt from duty.

T. Ds. 29143,

32138, 33279,

by 33330, 34188,

39494, 39882,

or 40089, 40725,

(b) Fish or other marine products taken in American 31173, 31534, waters or on the high seas by American vessels or residents of the United States, whether Americans aliens, in undocumented vessels and brought into port by 42137, 43988, the vessel taking the same are not imported from a foreign port, and no entry therefor is required.

(c) American fishery within the meaning of said paragraph is defined as a fishery operated under the American flag by American vessels in foreign waters, in which such vessels have the right, by treaty or otherwise, to take fish and other marine products.

(d) The employment of foreign fishermen either as members of the crew or under the supervision of the master or crew of an American vessel is allowed. The purchase by the owner, agent, master, or crew of an American vessel of fish or other marine products taken by the citizens of another country in foreign waters will subject such fish or other marine products to treatment as foreign merchandise.

(e) The products of American fisheries may include bone, sponges, turtles, pearls, and all other marine products.

40728, 41057,


(f) Marine products taken by American vessels will be 124 Fed. Rep. 107, entitled to free entry although prepared, preserved, or otherwise changed in condition on board an American vessel, provided the work is done by the master and crew of such vessel, or by persons employed by them for the purpose.

T. Ds. 32138,

Art. 478. Affidavit-Manifest.-(a) When such prod-40728, 41057. ucts are imported by the taking vessel, or are shipped to the United States by the master, owner, or agent of the taking vessel or vessels, otherwise than in the taking vessel, an affidavit (customs Form 3295) by the master of the taking vessel, verified by at least two members of the crew, will be required in connection with the entry. Additional proof may be required if doubt exists. In the case of transshipment there should be required an additional statement as to what, if any, change has been made in the condition of the fish since their taking and where such change occurred.

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