T. D. 39508. Act Apr. 12, 1900, U. S. Code, title 48, sec. 740. Act Mar. 3, 1917, S. Code title 48, sec. 1391. PRESIDENTIAL APPOINTMENTS Art. 1404. Oaths-Bonds. (a) Appointments of colsec. 4, 31 Stat. 78. lectors of customs, comptrollers of customs, surveyors of customs, and appraisers of merchandise (with the ex39 Stat. 1132; U. ception of the collectors of customs at San Juan, Porto Rico, and St. Thomas, Virgin Islands, and the appraiser 43 Stat. 957. U. of merchandise at Portland, Oreg.) are made by the President, by and with the advice and consent of the Code, title 19, sec. Senate of the United States, and such officers may be removed at any time by the President. Act Feb. 21, 1925, 8. Code title 19. sec. 20. R. S. 2617; U.S. 24. T. Ds. 29942, 31840, 33652. Executive order, (b) Upon the appointment of a person to any such office, notice thereof will be forwarded to him by the Secretary of the Treasury, accompanied by a blank form of bond, if a bond is required, with instructions for the preparation and execution of the same. (c) Such bond after execution must be forwarded to the Secretary of the Treasury who, upon receipt and approval of the bond, will transmit a commission and blank oath of office with instructions and authority to enter upon duty on execution of the oath. The oath must be taken in the district to which appointed, and, in order to avoid accounting complications, should be taken on the first day of the month, if practicable, or on the 16th. Bonds must be renewed every four years, and oftener if necessary; and evidence of the continued solvency of individual sureties will be required each year. (d) Subordinate officers, or employees of bonded officers, are not eligible as sureties on the bonds of their directing or employing officers. SUBORDINATE APPOINTMENTS IN THE CUSTOMS Art. 1405. Classified civil service positions.-Positions in the Customs Service, other than presidential appointees, mounted inspectors on the Mexican border, stitch counters at the port of New York, one examiner of tobacco at the port of Chicago, navigation season employees in Alaska, unclassified laborers, and positions with compensation of $540 per annum or less are in the classified civil service, and appointments thereto can be made only in accordance with civil-service rules. classified laborers must be appointed in accordance with the labor regulations established by the Civil Service Commission (see article 1412). Un Art. 1406. Assistant collectors, etc.-(a) United States Code, title 19, section 7: The collectors of customs, comptrollers of customs, surveyors of customs, and appraisers of merchandise shall each, with the approval of the Secretary of the Treasury, appoint a customs officer familiar with the customs laws and procedure, to act and be known as the assistant collector, the assistant comptroller, the assistant surveyor, and the chief assistant appraiser (in lieu of the special deputies), and the Secretary of the Treasury shall fix their compensation. The collector of customs at the port of New York shall also, with the approval of the Secretary of the Treasury, appoint a customs officer qualified in the law and familiar with customs procedure, to act and be known as solicitor to the collector, whose compensation shall likewise be fixed by the Secretary of the Treasury. (March 4, 1923, ch. 251, sec. 3, 43 Stat. 1453.) (b) United States Code, title 19, section 8: In case of a vacancy in the office of a collector of customs, comptroller of customs, surveyor of customs, or appraiser of merchandise, such assistant collector, assistant comptroller; assistant surveyor, or chief assistant appraiser shall give bond when required, act as such officer, and receive the compensation of such office until an appointment thereto has been made and the person so appointed has duly qualified. Whenever a vacancy occurs in the position of such assistants, chief assistant, and solicitor to the collector, herein provided for, it shall be filled, with the approval of the Secretary of the Treasury, by the promotion or transfer of a trained and qualified customs officer, and the assistant, chief assistant, and solicitor to the collector so appointed shall continue in office and shall not be reduced or removed except for cause and in accordance with the civil-service laws and regulations. (R. S. sec. 2629; March 3, 1905, ch. 1413, sec. 1, 33 Stat. 983; March 4 1923, ch. 251, sec. 4, 42 Stat. 1453.) (c) When a vacancy occurs in the office of collector of customs, comptroller of customs, surveyor of customs, or appraiser of merchandise, the assistant collector, assistant comptroller, assistant surveyor, or chief assistant appraiser shall immediately assume the duties of the vacant office, giving bond when required, after necessary forms and instructions have been received from the Secretary of the Treasury. (d) An assistant collector so assuming the duties of a vacant position of collector must close the collector's accounts as of the day the position became vacant. New accounts must be opened in his own name as acting collector. Telegraphic request should be sent to the Commissioner of Customs for new symbol numbers and for funds to cover salaries, rents, and expense payable from the appropriation for collecting the revenue from customs, followed by requisition in the same amount by mail, on the prescribed form. Requisition for other funds not immediately needed for disbursement should be mailed on the prescribed form. Act Jan. 3, 1925, 43 Stat. 748; U.S. 6. T. D. 33139. (e) When an assistant collector assumes, as acting collector, the duties of a vacant position of collector, he should at once nominate an officer on his force for designation as acting assistant collector and also submit the necessary forms for the designation of such officer as acting disbursing agent. There is no provision of law, however, which will permit the officer so designated to receive the compensation of the position of assistant collector. When an assistant collector, an assistant comptroller, an assistant surveyor, or a chief assistant appraiser has been appointed, he retains that position regardless of changes in the position of collector, comptroller, surveyor, or appraiser until separation from the service or demotion for cause, in accordance with the civilservice laws and regulations. It is not necessary that the foregoing officers be renominated by newly appointed collectors, comptrollers, surveyors, or appraisers. Art. 1407. Other subordinate officers.-Deputy colCode, title 19, sec. lectors, clerks, storekeepers, inspectors, customs guards, and other employees in the collector's office are appointed by the Secretary of the Treasury upon the nomination of the collector, when approved by the Commissioner of Customs; deputy comptrollers, clerks, and other employees of the comptroller's office upon the nomination of the comptroller through the Commissioner of Customs; assistant appraisers, examiners, clerks, verifiers-openerspackers, laborers, and other employees in the appraiser's stores upon the nomination of the appraiser through the Commissioner of Customs; and deputy surveyors, clerks, and other employees in the office of the surveyor upon the nomination of the surveyor through the Commissioner of Customs. In districts in which there is no comptroller, appraiser, or surveyor all nominations will be made by 'the collector. T. D. 38942. Art. 1408. Nominations-Examination-required positions. (a) When appointments are to be made to positions in the examination-required class, the nominating officer shall request the district civil service manager for a certification of eligibles, and upon receipt of the certification accompanied by the papers of the eligibles certified, will make a selection from the names certified, with sole reference to merit and fitness. (b) A nomination on customs Form 3021 shall be forwarded to the Commissioner of Customs in quintuplicate through the civil service manager for the district, when his approval is necessary, accompanied by the civil-service certificate when one has been issued; in quadruplicate direct to the Commissioner of Customs when civil service approval is not necessary. If approved, one copy of this form will be returned to the nominating officer. (c) The nomination must contain the following information: The Christian name and surname of the nominee with middle initial or initials, if any; date of birth, kind of appointment (permanent, probational, reinstatement, transfer, excepted, or temporary); the proposed compensation; the proposed pay-roll title; official station; effective date; the name, designation, and salary of previous incumbent; and whether the vacancy occured by promotion, demotion, transfer, death, resignation, or removal. Art. 1409. Probationary.-(a) If the Secretary of the T. D. 40872. Treasury approves the recommendation of the nominating officer, he will appoint the person so recommended for a probationary period of six month. Upon receipt of the letter of appointment, the nominating officer will notify the appointee to report for duty and take the prescribed oath (customs Form 3003). After execution of the oath of office, a certificate of appointment (customs Form 3005) will be delivered to the appointee. The above oath and the personal history (standard Form 6) shall be in triplicate, two copies of each to be forwarded to the Commissioner of Customs; the remaining copies to be filed with the nominating officer. (b) At the end of the fifth month of the probationary period a report in duplicate must be made on standard Form 17 to the Commissioner of Customs. (c) (Civil Service Rule XI, section 3, provides that no employee shall be promoted during the probationary period except upon approval of the commission, previously obtained.) Art. 1410. Permanent.-(a) If at the end of six months the services of the appointee are satisfactory he will be retained in the service and the appointment will become absolute. No additional oath is required. (b) If the services of the probationer be not satisfactory to the nominating officer, that officer will notify such probationer in writing with a full statement of the reasons, and report his action on customs Form 3021, to the Secretary of the Treasury through the Commissioner of Customs, transmitting a copy of the notice. Such notice |