(e) As time is an important factor in efforts to cope with the housing emergency, publication of notice and public procedure, as provided for in the Administrative Procedure Act (60 Stat. 237; 5 U. S. C. 1002), are found to be impracticable.

(Sec. 318, 46 Stat. 696; 19 U. S. C. 1318, Proc. No. 2708, Oct. 25, 1946, 11 F. R. 12695; 3 CFR, 1946 Supp.)

Part 54-Certain Importations Free of Duty During the War

Sec.

54.3

54.2 Free entry of personal and household effects of certain classes of persons in the service of the United States, of their families, and of evacuees. Bona fide gifts from a member of the armed forces of the United States. AUTHORITY: §§ 54.2 and 54.3 issued under sec. 624, 46 Stat. 759; 19 U. S. C. 1624. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: 54.2 and 54.3 appear at 13 F. R. 8120.

§ 54.2 Free entry of personal and household effects of certain classes of persons in the service of the United States, of their families, and of evacuees. (a) Under sections 1 and 2, 56 Stat. 461; 50 U. S. C. App. 801, 802, free entry may be accorded to the personal and household effects of any person evacuated to the United States under Government orders and to the personal and household effects of any person in the service of the United States, or of his family, which are forwarded to the United States by reason of Government instructions regarding the movement of the owner or the articles, whether or not the owner returns to this country.

(b) The act does not apply to articles imported for sale, but the term "personal effects" as used therein is not confined to that class of articles described in the first provision of paragraph 1798, Tariff Act of 1930, as amended (19 U. S. C. 1201, par. 1798); nor is any period of use, such as is prescribed by paragraph 1632, Tariff Act of 1930 (19 U. S. C. 1201, par. 1632), applicable to household effects entered under this act.

(c) All articles for which free entry is claimed under the act shall be entered or withdrawn in accordance with the requirements prescribed by the Tariff Act of 1930. The Bureau has not prepared

forms of declarations or certificates to be filed in connection with such entries or withdrawals. Collectors of customs shall, therefore, accord free entry under the statute upon the production of satisfactory proof that the articles are entitled to the benefit thereof.

(d) Certified or other invoices shall not be required for articles accorded free entry under the act.

(e) The act is effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after December 8, 1941, and before the proclamation of peace by the President. Duties and taxes paid on articles entered or withdrawn on or after December 8, 1941, may therefore be refunded provided such refunds are not precluded by the provisions of section 514 or 520 (c) (2), Tariff Act of 1930, as amended (19 U. S. C. 1514, 1520 (c) (2)). (Secs. 481, 484, 498, 46 Stat. 719, 722, as amended, 728; 19 U. S. C. 1481, 1484, 1498)

§ 54.3 Bona fide gifts from a member of the armed forces of the United States. (a) Under 56 Stat. 1041; 50 U. S. C. App. 846 approved December 5, 1942, collectors of customs shall accord entry free of duty, internal-revenue taxes, and customs charges and exactions to bona fide gifts from members of the armed forces of the United States on duty outside the continental limits of the United States to the extent of $50 in value in any shipment if the gifts were purchased in or through authorized agencies of the armed forces of the United States or in accordance with regulations prescribed by the major geographical commands of the United States armed forces.

(b) Satisfactory evidence as to the status of articles under Public Law No. 790, as amended, will have been filed in connection with the entry within the meaning of the statute if (1) the shipment is accompanied by a declaration of the donor and a duly designated officer of the armed forces executed substantially in the following form:

I certify that I am a member of the armed forces of the United States on duty outside the continental limits of the United States, that the following-described articles in this parcel are being sent as bona fide gifts from me, that they were purchased in accordance with regulations prescribed by the major geographical command of the armed forces from which sent, and that the amounts listed below are the actual amounts paid for such articles:

(Officer designated by local commander to execute the foregoing declaration in accordance with current rules and regulations

or if (2) such a declaration, adequately describing and identifying the articles, is subsequently filed at the customhouse, and the entry, if liquidated, can be reliquidated in accordance with section 514, Tariff Act of 1930, or section 520 (c) of the tariff act, as amended, and § 16.14 of this chapter.

(c) The declaration provided for in paragraph (b) (1) of this section shall be retained by customs officers, or, if affixed to the parcel in a manner which makes removal impracticable, shall be appropriately marked to prevent its further use.

(d) The entry requirements prescribed in the Tariff Act of 1930, as amended, and the Customs Regulations of 1943, as amended, are applicable to articles entitled to free entry under 50 U. S. C., App., 846.

(e) Customs invoices, including the invoices provided for in § 9.1, of this chapter, shall not be required for shipments of bona fide gifts accorded free entry under Public Law No. 790, as amended, in whole or in part. If the certificate provided for in paragraph (b) (1) of this section stating the information as to the purchase price of each article listed accompanies the parcel, it shall be accepted as a compliance with the other

requirements of § 9.1 of this chapter of the customs regulations.

(f) Free entry shall be accorded under the act to articles entered, or withdrawn from warehouse, for consumption on and after December 6, 1942, and before July 1, 1949.

(Sec. 498, 46 Stat. 728, secs. 1, 2, 56 Stat. 1041, as amended; 19 U. S. C. 1498, 50 U. S. C. app. and Sup. 846, 847)

Part 55-Changes in Customs Requirements and Procedure Due to the War

§ 55.1 Bonds for production of certified invoices; temporary instructions. Until six months after the termination of the unlimited national emergency proclaimed by the President on May 27, 1941, collectors of customs shall observe the following instructions respecting bonds for the production of certified invoices, unless such instructions are sooner amended, revoked, or superseded:

(a) Collectors of customs shall be guided by the provisions of the general customs regulations currently in effect in determining the amounts of bonds for the production of certified invoices. However, as the requirement of certified invoices in accordance with Part 8 of this chapter (Customs Regulations of 1943, Part 8) will not only furnish information for customs purposes but will also aid in the enforcement of import controls, such as those relating to General Imports Order M-63, as amended, of the War Production Board, and the Proclaimed List of Blocked Nationals, and will assist the Department of State in compiling certain statistical data it urgently needs, collectors of customs shall consider these factors in fixing the amounts of bonds pursuant to the authority contained in the third sentence of § 25.4 (a) (10) of this chapter (sec. 25.4 (a) (10), Customs Regulations of 1943). The Bureau is of the opinion that such amount should in no case be less than $5,000 or an amount equal to the value of the merchandise, as set forth in the entry, whichever is lower. These factors shall also be considered in administering the provisions of § 25.17 of this chapter (sec. 25.17, Customs Regulations of 1943) and no case in which liquidated damages have been incurred for failure to produce a certified invoice shall be settled by a collector under that reg

ulation if the merchandise involved is subject to General Imports Order M-63, as amended.

(b) Upon the breach of any bond given for the production of a certified invoice covering merchandise subject to General Imports Order M-63, as amended, liquidated damages in the full amount of the bond shall be demanded, and no remission or mitigation thereof will be granted unless the importer shall produce within one month after the expiration of the bond period satisfactory evidence that the importation of the merchandise was not in violation of General Imports Order M-63, as amended, and that the failure to satisfy the conditions of the bond was not due to negligence or lack of good faith on the part of any party to the transaction.

(Sec. 624, 46 Stat. 759; 19 U. S. C. 1624. Interprets or applies secs. 484, 623, 46 Stat. 722, as amended, 759, as amended; 19 U. S. C. 1484, 1623) [13 F. R. 8121]

AUTHORITY: §§ 56.1 and 56.3 issued under sec. 624, 46 Stat. 759; 19 U. S. C. 1624. Interpret or apply sec. 318, 46 Stat. 696; 19 U. S. C. 1318. Proc. 2599, Nov. 4, 1943, 8 F. R. 15359, 3 CFR, 1943 Supp.

SOURCE: §§ 56.1 and 56.3 appear at 13 F. R. 8121.

§ 56.1 Periods of time prescribed in sections 491, 557, and 559, Tariff Act of 1930, as amended, extended; conditions. (a) Pursuant to the authority contained in the Proclamation 2599 of the President dated November 4, 1943, 3 CFR, 1943 Supp., Ch. I, the one-year period prescribed in section 491, Tariff Act of 1930, as amended, or the three-year period prescribed in sections 557 and 559 of the said act, as amended, as the case may be, is hereby extended for one year in each case wherein the respective period has expired on or after December 7, 1942, or shall have expired hereafter and during the continuance of the unlimited na

tional emergency proclaimed on May 27, 1941, and wherein the collector of customs concerned shall have been furnished with:

(1) If the merchandise is charged against an entry bond, the agreement of the sureties on the bond to remain bound under the terms and conditions of the bond to the same extent as if no extension had been granted, or an additional bond with acceptable sureties to cover the period of the extension, or

(2) If the merchandise is charged against a carrier's bond, the agreement of the principal on such bond to the extension and the agreement of the sureties on such bond to remain bound under the terms and conditions of the bond to the same extent as if no extension had been granted.

(b) Pursuant to the same authority and subject to the same conditions, such one-year period or such three-year period, as the case may be, is hereby extended for an additional period of one year from and after the expiration of the immediately preceding extension if such expiration occurs during the continuance of the aforesaid national emergency.

§ 56.3 Extension of bonds. (a) In cases where the merchandise is covered by a warehouse entry bond, customs Form 7555, and an extension or further extension of the three-year period prescribed in sections 557 and 559, of the act, is desired, the principal on the bond shall, in order to obtain the benefit of such extension, furnish to the collector of customs at the port where the bond is on file an agreement in the following form:

EXTENSION OF WAREHOUSE ENTRY BOND

Whereas, in Treasury Decision 50967 of November 19, 1943, issued pursuant to authority contained in the President's proclamation dated November 4, 1943, the threeyear warehousing period for imported merchandise prescribed in sections 557 and 559, Tariff Act of 1930, as amended, was extended for one year and further extended for additional periods of one year each from and after the expiration of the immediately preceding extension, provided, among other things, that in each case the sureties on the entry bond agree to remain bound under the terms and conditions of the bond to the same extent as if no extension had been granted, and

Whereas, the warehouse entry bond described below was furnished in connection with the warehouse entry indicated, and it is now desired to extend the liability under

1 Here insert the words "as extended" if a previous extension has been allowed.

(b) If the principal on a warehouse entry bond desires to furnish a new bond to cover the period of extension in lieu of furnishing an agreement in the form prescribed in paragraph (a) of this section, the facts in such case shall be submitted to the Bureau by the collector for instructions as to the form in which the new bond shall be furnished.

(c) In cases in which the merchandise was entered for warehouse and charged against a General Term Bond for Entry of Merchandise, customs Form 7595, or against a Blanket Smelting and Refining Bond in the form prescribed in T. D. 50267, the agreement of the principal and sureties on the bond sha'l be furnished to the collector of customs in the following form and forwarded by the collector to the Bureau of Customs for approval:

EXTENSION OF GENERAL TERM BOND FOR ENTRY OF MERCHANDISE 2

Whereas, In Treasury Decision 50967 of November 19, 1943, issued pursuant to authority contained in the President's Proclamation dated November 4, 1943, the threeyear warehousing period for imported merchandise prescribed in sections 557 and 559, Tariff Act of 1930, as amended, was extended for one year and further extended for an additional period of one year from and after the expiration of the immediately preceding extension, provided, among other things, that in each case the sureties on the entry bond agree to remain bound under the terms and conditions of the bond to the same extent as if no extension had been granted, and

Whereas, the bond described below was furnished by--

(Name of principal on the bond) and accepted by the Government of the United States to cover, among other things, the entry of imported merchandise for warehouse or rewarehouse at the port(s) of during the period beginning on 19, and ending on 19____;

-----

(Name of principal on the bond) desires, as to such merchandise, to obtain an extension of the period during which it may remain in warehouse for one year from and after the expiration of the three-year period prescribed in sections 557 and 559, supra, as amended, and to obtain such further extensions for additional periods of one year each from and after the expiration of the immediately preceding extension as may be permissible under T. D. 50967, as amended, and to continue the liability therefor under the bond for such three-year period and to extend the liability under the bond to cover such one-year extension and any further extensions as may be permissible under T. D. 50967, as amended;

Now, therefore, this is to certify that principal, and and

----, sureties, on the bond de

819586-49- -32

scribed above, hereby stipulate and agree that, in consideration of the granting of an extension of one year of the three-year period during which the merchandise may remain in warehouse and the granting of such further extensions of one year each as may be permissible under T. D. 50967, as amended, their liability under the bond as to such merchandise shall cover such one-year extension and any further extensions permissible under T. D. 50967, as amended, together with the original three-year period. Witness our hands and seals this

day

(Name and official title)

(Surety)

(Name and official title) (Surety)

(Name and official title) Signed, sealed, and delivered in the presence of

EXTENSION OF CARRIER'S BOND

Whereas, in Treasury Decision 50967 of November 19, 1943, issued pursuant to authority contained in the President's proclamation dated November 4, 1943, the one-year period prescribed in section 491, Tariff Act of 1930, as amended, was extended for one year and further extended for additional periods of one year each from and after the expiration of the immediately preceding extension, provided, among other things, that in each case in which the merchandise remains charged against a carrier's bond the principal on such bond shall agree to the extension and shall furnish the agreement of the sureties on the bond to remain bound under the terms and conditions of the bond to the same extent as if no extension had been granted, and

Whereas, the carrier's bond described below was furnished in connection with the entry for transportation in bond indicated, and it is now desired to extend the liability under such bond for a period of one year from the date of maturity of the bond.. Name of carrier: