This entre shall be verified by the oath or affirmation of the exporter, in the following form : I, port of FORM No. 164. DISTRICT OF in Mexico, by way of Port of do solemnly, sincerely, and truly swear, that the goods, wares, and merchandise, described in the within entry, now delivered by me to the collector of the customs for the port of are truly intended to be exported in bond by me to the and are not intended to be relanded within the limits of the United States. I further swear, that to the best of my knowledge and belief, the said goods, wares, and merchandise, are the same in quality, quantity, value, and package, wastage and damage excepted, as at the time of importation: So help me God. Sworn to this day of before me. Collector. The exporter shall enter into bond, in a penal sum equal to double the value of the goods, with security satisfactory to the collector. Oath. Bond, bond. 510. The proof of due landing at the port of destination in Proof to cancel Mexico will be a certificate of the United States consul or agent, which will be in the following form: FORM No. 170. I. in consul or agent of the United States of America, residing at do hereby certify that I have duly examined the packages of merchandise described in the within entry and invoice, and am fully satisfied that the goods have arrived at this place in the original packages as imported, without any change or alteration, and have been exported from the United States in good faith, to be disposed of and consumes in a foreign country. In testimony whereof, I have hereunto set my hand, and affixed my official seal, this day of A. D. [L. s.] 186 and of the independence of the United States of America the Consul of U. S. If there be no consul or agent of the United States residing at the place, then the certificate may be made by the consul of a nation in amity with the United States; and if there be no such consul there, then by two reputable merchants at said place. SECTION X. RELIEF FROM DUTIES ON GOODS INJURED OR DESTROYED WHILE IN BOND. ART. 524. The 8th section of the warehousing law of the 28th March, 1854, providing for relief from duties in case of the destruction, in whole or in part, of bonded goods, while in ware house, or in transitu, under warehouse transportation bond, from one port to another, or in the appraisers' store undergoing appraisal, it is deemed proper to state that the law proposes relief where actual injury is incurred, or the property is destroyed, in whole or in part, by accidental fire, shipwreck, or other like casualty; but does not provide for deterioration from dampness or other like cause, in the warehouse or in transitu under bond. 525. Application for relief under the 8th section of the act of Application in 28th March, 1854, must be made in writing, under oath or affir case of loss in warehouse Proof. mation, by the claimant, to the collector of the port where the alleged injury or destruction, in whole or in part, of the goods, wares, and merchandise, by accidental fire, or other like casualty, occurred, setting forth that the same happened while the goods remained in the custody of the officers of the customs, in public or private warehouse under bond, or in the appraisers' stores undergoing appraisal, or while in transportation under bond, describing the place and manner of the accident, together with the extent of the injury, loss, or destruction, and the precise time when sustained. 526. This statement must be accompanied by affidavits of two or more credible and disinterested persons, as to the injury, loss or destruction aforesaid. 527. On receipt of the forgoing application and statement, the collector will subjoin thereto an official statement of the officers of the customs connected with the custody of the goods, as to the facts stated by the claimant, together with a statement whether the store or building in question was, at the time of the occurrence, a duly constituted bonded warehouse under the law, or appraisers' store, as the case may be. 528. The collector will report the foregoing to the Department, giving his views as to the character of the proof and the validity of the claim, stating the date of maturity, and parties to each bond, the amount due on each, the amount of duties, if any, paid together with any views or facts connected with the case he may deem useful in enabling the Department to discharge its duty under the law. To be reported on by collector. Damage or loss in transporta 529. When total loss or damage is alleged to have occurred in the course of transportation from one port to another under tion. bond, in pursuance of law and the regulations of the Department, applications for relief must be made in the following forın. In cases of total loss of the vessel or vehicle in which transported, the application must be sustained by the protest of the master or conductor of such vessel or vehicle, the affidavit of the applicant, setting forth that the goods so alleged to be lost were actually on board such vessel or vehicle, and have been totally lost, and no reasonable expectation exists of saving any part thereof, together with the bill of lading, or other receipt for the transportation of said goods. In cases of damage when the goods have arrived at the port of destination, the application of the party must be sustained by evidence as hereinbefore prescribed in cases of loss in warehouse, and must be lodged with the collector within ten days after the landing of the merchandise, and while the goods are in the possession of the officers of the customs, and due appraisement will be made of the goods so alleged to be damaged, as in case of damage occurring on voyages of direct importation from foreign ports. 530. It will be borne in mind, however, that no abatement of duties, satisfaction or cancellation of the bond will be made under the eighth section of the act of the 28th March, 1854, without the previous sanction of the Department. No abatement of duty without the sanction of Department. RECIPROCAL TREATY. IN REFERENCE TO COMMERCIAL INTERCOURSE WITH SECTION I. Act May 24, 1828. Coffee or tea of OF VESSELS OF NATIONS WITH WHOM THE UNITED STATES First Class. ART. 911. Vessels belonging to the following nations are admitted, under the provisions of law, treaties of commerce and navigation, or conventions, into the ports of the United States, on the same terms as vessels of the United States, with the produce or manufactures of their own or any other country. Argentine Confederation, under treaties of July 10 and 27, 1853; proclaimed April 9, 1855. Austria.-Treaty August 27, 1829; proclaimed February 10, 1831; treaty May 8, 1848; proclaimed February 25, 1850. Belgium.-Treaty, November 10, 1825; proclaimed March 31, 1846. Brazil.-Under act of Congress of 24th May, 1828; proclaimed November 4, 1847. Vessels of Brazil, therefore, with their cargoes, from Brazil, or any other foreign country whatever, are to be admitted without the payment of discriminating duties of tonnage or impost, it appearing from an official communication of the governmenf of Brazil, that vessels of the United States and their cargoes are admitted to like privileges at the ports of Brazil. Coffee or Tea, the production of Brazil, imported direct from that country in Brazilian vessels, is exempt from duty under Tariff Act, July the tariff act of 1846, schedule I, and proclamation of the President, November 4, 1847. 30, 1846. Act May 24, 1828. Chili.-Under act of 24th May, 1828, and proclamation of the President, November 1, 1850. Denmark. By treaty of April 26, 1826: proclaimed October 14, 1826. Danish vessels, arriving from the Danish islands of Santa Cruz and St. Thomas, are not chargeable with tonnage duties in the ports of the United States; the vessels of Denmark and the United States, being placed on the same footing, in that respect, under the provisions of the act of Congress of the 31st May, 1830, and the treaty of April 26, 1826. Ecuador. By treaty of June 13, 1839; proclaimed September 23, 1842. 912. Great Britain and her possessions. From and after January 1, 1850 (on which day the act of Parliament of 1849, altering her navigation laws, went into effect), British vessels are admitted into the ports of the United States, on the same terms as vessels of the United States with the produce and manufacture of her own or any other country. By operation of acts of Congress, the convention with Great Britain, of July 3, 1815, continued by conventions of October 20, 1818, and August 6, 1827, and the general instructions for the information of the officers of the customs and others interested, issued by the Department under date of October 19, 1849, to the effect that, in consequence of the alterations of the British navigation laws, British vessels, from British or other foreign ports, will, under existing laws, be allowed to enter in ports of the United States with cargoes of the growth, manufacture, or production of any part of the world; and that such vessels and their cargoes will be admitted on the same terms, as to duties, imposts, and charges, as vessels of the United States and their cargoes. Navigation act Blackford, 1,218 By decision of the Circuit Court of the United States, it has been determined that British vessels, bringing from British ports in Europe articles of the growth, produce, or manufacture of the British possessions in India, were not liable to the penalties provided in the navigation act of March 1, 1817. Coffee of the growth of the coast of Malabar, or island of Coffee from Brit Ceylon, being the possession of Great Britain in India, will be entitled to free entry if imported from Calcutta, or other port of the British East Indies, in vessels of the United States, or in vessels put on the footing of national vessels by reciprocal treaties. Coffee or tea, the production of China, imported via Singapore, a possession of Great Britain, may be admitted to free entry, if it be satisfactorily shown at the time of entry that it was laden on board the American importing vessel, or foreign vessel entitled by reciprocal treaty, from Chinese boats or junks in Chinese waters, intended in good faith to be conveyed ish India posses sions. Coffee 01 tea from China via Singapore. |