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administration of the customs laws as they pertain to merchandise imported, or entered within his district. (R. S. 2621-2625.)
Ports of Entry
SEC. 5. A Port of Entry is any place at which a customs officer is stationed with authority to collect duties on imports.
By Executive Order of March 3, 1913, the President has designated forty-nine Customs Collection Districts with district headquarters and ports of entry. For complete list see Exhibit I, Appendix. (Treasury Decision 37452, Dec. 24, 1917.)
All merchandise imported into the United States must be entered through the Customs at one of the ports of entry so designated.
Production of a Duly Certified Invoice
SEC. 1. The first essential requirement growing out of the importation of merchandise into the United States is, that the shipment must be accompanied by an invoice, as it is provided by paragraph E of Section III of the Tariff Act of October 3, 1913:
"That, except in case of personal effects accompanying the passenger, no importation of any merchandise exceeding $100.00 in value shall be admitted to entry without the production of a duly certified invoice thereof as required by law, . . .
The $100.00 in value has reference to the invoice value in United States currency, or its equivalent in the standard currency of the country from which the merchandise is imported.
Currency of the Invoice
SEC. 2. Paragraph C, Section III of the Tariff Act of October 3, 1913, provides:
"That all invoices of imported merchandise shall be made out in the currency of the place or country from whence the importations shall be made, or, if purchased, or agreed to be purchased, in the currency actually paid, agreed upon, or to be paid therefor. . .
In the absence of any statement to the contrary, invoices are presumed to have been made out in the currency of the place or country from whence the importations are made.
Estimated Values of Foreign Coins
SEC. 3. For the purpose of determining the value of foreign coin as expressed in the money of account of the United States, it is provided by Section 25 of the Tariff Act of August 28, 1894:
"That the value of foreign coin as expressed in the money of account of the United States shall be the pure metal of such coin of standard value; and the values of the standard coins in circulation of the various nations of the world shall be estimated quarterly by the Director of the Mint, and be proclaimed by the Secretary of the Treasury immediately after the passage of this Act, and thereafter quarterly on the first day of January, April, July and October in each year. And the values so proclaimed shall be followed in estimating the value of all foreign merchandise exported to the United States during the quarter for which the value is proclaimed, and the date of the consular certification of any invoice shall, for the purposes of this section, be considered the date of exportation. . . . ."
For the estimate by the Director of the Mint of the values of pure metal contents of foreign coins for the quarter beginning July 1, 1919, as proclaimed by the Secretary of the Treasury, see Exhibit IV, Appendix. (T. D. 38077.)
Depreciated Currency Certificate
SEC. 4. If the merchandise has not been purchased in the standard coin of the country of exportation, but has in fact been paid for, or is to be paid for in a depreciated paper currency of that country, the invoice should so state, it being provided by Section 2903 of the Revised Statutes that:
"The President may cause to be established fit and proper regulations for estimating duties on merchandise imported into the United States, in respect to which the original cost shall be exhibited in a depreciated currency, issued and circulated under authority of any foreign Government."
Provision has accordingly been made for the issuance by the American consular officer certifying the invoice, of a "certificate of the value of depreciated currency," in the following form:
(Consular Form No. 144.) Certificate of the value of currency.
Consulate of the United States...
Consul of the United
States of America, do hereby certify that the true value of the currency of the ... in which currency the annexed invoice of merchandise is made out, is per cent. as compared with the corresponding standard coin currency, and that the value in such standard coin currency of the total amount of the currency actually paid for the merchandise is....
U. S. Consul.
(Par. 692 Consular Regs. T. D. 34542. Exhibit V, Appendix.)
This condition can arise only in countries where a depreciated paper currency is in circulation.
Fluctuation in Foreign Coin Values
SEC. 5. The estimate by the Director of the Mint of the value of foreign coins as proclaimed by the Secretary of the Treasury under date of July 1, 1919 (Exhibit IV, Appendix, T. D. 38077), shows that the legal standards of the foreign countries estimated for consist of either gold or silver coins.
To compensate for any possible appreciation or depreciation of the standard coin currency of for eign countries, it is provided under the proviso to Section 25 of the Tariff Act of August 28, 1894, heretofore referred to:
"That the Secretary of the Treasury may order the reliquidation of any entry at a different value, whenever satisfactory evi
dence shall be produced to him showing that the value in United States currency of the foreign money specified in the invoice was, at the date of certification, at least ten per centum, more or less, than the value proclaimed during the quarter in which the consular certification occurred."
This condition may arise in countries having a silver standard where, through sudden fluctuations in the open market value of silver bullion, the actual gold value of the silver contained in the silver coins of those countries is at least ten per centum, more or less, than the value proclaimed during the quarter in which the consular certification occurred.
Fluctuations in Foreign Exchange Values
SEC. 6. The condition specified under the foregoing proviso of Section 25 of the Tariff Act of August 28, 1894, may also arise where, through the exigencies of war or other causes existing in the countries of exportation, the value of foreign exchange, as between such countries and the United States, is at the date of exportation at least ten per centum, more or less, than the standard coin value of such foreign coins as estimated by the Director of the Mint for the quarter in which the consular certification occurred. (U. S. vs. Whitridge, 197 U. S. 135; also Opinion Attorney-General, September 1, 1915. T. D. 35951, 37444, 37853, 37880. 37881.)