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and condemned in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws.
SEC. 17. That the preceding section shall not apply to vessels or goods, wares, or merchandise imported in vessels of a foreign nation which does hot maintain a similar regulation against vessels of the United States.
(Subsoctions 29 and 30 of section 28, pertaining to the Court of Customs Appeals and the personnel of the Attorney General's office, omitted.]
to be seized, prosecuted, and condemned in like manner, and under the saine regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the l'nited States by the several revenue laws.
J. Subsection 3. That the preceding subsection shall not apply to vessels or goods, wares, or mcrchandise imported in vessels of a foreign nation which does not niaintain a similar regulation against vessels of the United States.
IN. Subsection 2, containing provisions relating to internal revenue, omitted.)
Provisions of the act of 1909 or 1913 corresponding to “Special Provisions" of the
act of 1922 not reenacted.
ACT OF 1909.
ACT OF 1913.
Sec. IV. A. That for the purpose of readjusting the present duties on importations into the United States and at the same time to encourage the export trade of this country, the President of the United Statesis authorized and empowered to nego tiate trade agreements with foreign nations wherein mutual concessions are made looking toward freer trade relations and further reciprocal expansion of trade and commerce: Prorided, howerer, That said trade agreements before becoming operative shall be submitted to the Congress of the United States for ratification or rejection.
R. That the President shall cause to be ascertained each year, the amount of imports and exports of the articles enumcrated in the various paragraphs in section one of this Act and cause an estimate to be made of the amount of the domestic production and consumption of said articles, and where it is ascertained that the imports under any paragraph amount to less than 5 per centu of the domestic consumption of the articles enumerated be shall advise the Congress as to the facts and his conclusions by special message, if deemed important in the public interest.
SEC. 4. That the President shall have power and it shall be his duty to give notice, within ten days after the passage of this Act, to all foreign countries with which commercial agreements in confornity with the authority granted by section three of the Act entitled, “ An Act to provide rerenue for the Government and to encourage the industries of the United States," approved July twenty-fourth, cighteen hundred and ninety-seven, hare been or shall have been entered into, oi the intention of the United States to terminate such agreement at a time specified in such notice, which timeshailin nocase, excepi as hereinafier provided, be longer than the period of time specified in such agreements respectively for notice for their termi. nation; and upon the expiration of the periods when such notice of termination shall become elective the suspension of duties provided for in such a reemients shall be revoked, and thereafter importations from said countries shall be subject to no other conditions or rates of duty than those prescribed by this Act and such other Acts of Congress as may be continued in force: Provided, Thet until the expiration of the period when the notice of intention to terminate herem before provided for shall have becoine effective, or until such date prior thereto as the high contracting parties may by mutual consent select, the terins of said commercial agreements shall remain in force: A vid provided further, That in the case of those commercial agreements or arrangements made in accordance with the provisions of section three of the tariff Act of the United States approved July twentyfourth, eighteen hundred and ninety-seven, which coutain no stipulations in regard to their termination by diplomatic action, the President is authorized to give to the governments concerned a notice of ternination of six months, which notice shall date from April thirtieth, nineteen hundred and nine.
Sec. 19. That all materials of foreign production which may be necessary for the construction of ves sels built in the United States for foreign account and ownership, or for thepurposeofbeing employed in the foreign trade, including thetrade between the Atlanticand Pacific portsofthe United States, and all such materia is necessary for the building of their machinery, and all articles necessary for their outfit and equipment, may be imported in bond under such regulations as the Secreiary of the Treasury may prescribe: and uron proof that such materials have been used for such purposes noduties shall be paid thereon. But vessels receiving the benefit of this section shall not be allowed to engage in the coastwise trade of the United States more than six months in any one year except upon the payment to the United States ofthe duties of which a rebate is herein allowed: Provided, That vessels built in the United States for foreign account and ownership shall not be allowed to engage in the coastwise trade of the United States.?
SEC. IV. * * * J. Subsection 5. That all materials of foreign production which may be necessary for the construction of naval vessels or other vessels of the United States, vessels built in the United States for foreign account and ownership, or for the purpose of being employed in theforeign or domestic trade, and all such materials necessary for the buuidmg of their machinery, and all articles necessary for their outfit and equipment, may be imported in bond under such regulations as the Secretary of the Treasury may prescribe: and upon proof that such materials have been used for such purposes no duties shall be paid thereon.
7 Similar provisions in section 5, Panama Canal Act of August 21, 1912.
SEC. 20. That all articles of foreign production needed for the repair of American vessels engaged in foreign trade, including the trade between the Atlanticand Pacific portsofthe United States, may be withdrawn from bouded warehouses free of duty, under such regulations as the Secretary of the Treasury may prescribe.
SEC. IV. * * * J. Subsection 6. That all artie cles of foreign production needed for the repair of naval vessels of, or other vessels owned or used by, the United States and vessels now or hereafter registered under the laws of the United States may be withdrawn from bonded warehouses free of duty, under such regulations as the Secretary of tho Treasury may prescribe.
J. Subsection 7. That a discount of 5 per centum on all duties inposed by this Act shall be allowed on such goods, wares, and merchandise as shall be imported in vessels admitted to registration under the laws of the United States: Provided, That nothing in this subsection shall be so construed as to abrogate or in any manner impair or affect the provisions of any treaty concluded between the United States and any foreign nation.
SEC. 27. That the produce of the forests of the State of Maine upon the Saint John River and its tributaries, owned by American citizens, and sawed or hewed in the Province of New Brunswick by American citizens, the same being otherwise unmanufactured in whole or in part, which is now admitted into the ports of the United States free of daty, shall continue for two years after the date of the passage of this Act and no longer to be so admitted, under such regulations as the Secretary of the Treasury shall from time to time prescribe.
That ihe produce of the forests of the State oi Maine upon the Saint Croix River and its tributaries owned by American citizens, and sawed or hewed in the Province of New Brunswick by American citizens, the same being otherwise unmanufactured in whole or in part, shall be admitied for two years after the date of the passage of this Act and no longer into the ports of the United States free of duty, under such regulations as the Secretary of the Treasury shall from time to time prescribe.
SEC. 37. There shall be levied and collected annually on the first day of Septeniber by the colector of customs of the district ilearest the residence of the managing owner, upon the use of every foreign-bult yacht, pleasure-boat or vessel, not used or intended to be used for trade, now or hereafter owned or Chartered for more than six months by any citizen or citizens of the United States, a sum equivalent to a toonage tax of seven dollars per gross ton.
In lieu of the annual tax above prescribed the owner of any foreign-built yacht, pleasure-boat or vessel above described may pay a duty of thirtyfive per centuin ad valorem thereon, and such yacht, pleasure-boat or vessel shall thereupon be entitled to all the privileges and shall be subject to all the requirements prescribed by sections fortytwo hundred and fourteen, forty-two hundred and fifteen, forty-two hundred and seventeen, and forty-two hundred and eighteen of the Revised Statutes and Acts amendatory thereto in the same mannerasif said yacht had been built in the United States, and shall be subject to tonnage duty and light money only in the same manner as is said Facht had been built in the United States.
So much of section five of chapter two hundred and twelve of the laws of nineteen hundred and eight, approved May twenty-eighth, nineteen hundred and eight, as relates to yachts built outside the United States and owned by citizens of the United States is hereby repealed. This section shall not apply to a foreign-built vessel admitted to American registry.
TITLE IV-ADMINISTRATIVE PROVISIONS.
ACT OF 1922.
PART 1.- DEFINITIONS.
SECTION 401. When used in this title(a) VESSEL.—The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water orin water and in air.
(b) VEHICLE.-The word “vehicle’’includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, or through the air.
(C) MERCHANDISE.-The word "merchandise” means goods, wares, and chattels of every description and includes merchandise the importation of which is prohibited.
(d) PERSON.-The word "person’’includes partnerships, associations, and corporations. (e) ASTER.-The word “master”' means the person having the command of the vessel. (1) DAY.-The word “day” meansthetime from eight o'clock antemeridian to five o'clock post meridian.
(8) NIGHT.--The word “night” means the time from five o'clock postmeridian to eight o'clock antemeridian.
(h) COLLECTOR.-The word "collector'' means the collector of customs, and includes a deputy collector of customs and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of collector of customs.
(i) APPRAISER. -The word “appraiser” means the person authorized by law, or by the Secretary of the Treasury, to appraise imported merchandise and to make a return of the value thereof.
(i) The term “United States”includes all Territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, and the islands of Guam and Tutuila.
SEC. 402. VALUE.-(a) For the purposes of this Act the value ofimported inerchandise shall be(1) The foreign value or the export value, whichever is higher;
(2) Ifneither the foreign value nor the export value can be ascertained to the satisfaction of the appraising officers, then the United States value;
(3) Ifneither the foreign value, the export value, nor the United States value can be ascertained to the satisfaction ofthe appraising officers, then the cost of production;
(4) If there be any similar competitive article manufactured or produced in the United States of a class or kind upon which the President has made public a finding as provided in subdivision (b) of section 315 of Title III ofthis Act, then the American selling price of such article.
(b) The foreign value of imported merchandise shall be the market value or the price at the time of exportation of such merchandise to the United States, at which such or similar merchandiseis freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course oftrade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States.
(c) The export value ofi mported merchandise shall be the market value or the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandiseis freely offered for sale to all purchasers in the principalmarketsofthe country from which exported, in the usual wholesale quantities andin the ordinary course oftrade, for exportation to the United States, plus, when not included in such price, the cost of all containers and coverings of whatever nature, and all other costs, charges, and expensesincident to placing the merchandisein condition, packed ready for shipment to the Únited States. Ifin the ordinary course of tradei mported merchandiseis shipped to the United States to an agent oft he seller, or to the seller's branch house, pursuant to an order or an agreement to purchase (whether placed or entered into in the United States orinthe foreign country), for delivery to the purchaser in the United States, and ifthetitle tosuch merchandiseremainsin the seller untilsuch delivery, then such merchandise shall not be deemed to be freely offered for salein the principalmarkets ofthe country from which exported for exportation to the United States, within the meaning ofthissubdivision,
(d) The United States value ofimported merchandiseshallbethe priceat which such or similarimported merchandise is freely offered for sale, packed ready for delivery, in the principal market of the United States to all purchasers, at the time of exportation of the imported merchandise, in the usual wholesale quantities and in the ordinary course of trade, with allowance made for duty, cost oftransportation and insurance, and other necessary expenses from the place of shipment to the place of delivery, a commission not exceeding 6 per centum, ifany has been paid or contracted to be paid on goods secured otherwise than by purchase, or profits not to exceed 8 per centum and a reasonable allowance for general expenses, not to exceed 8 per centum on purchased goods.
(e) For the purpose of this title the cost of production of imported merchandise shall be the sum of(1) The cost of materials of, and of fabrication, manipulation, or other process employed in manufacturing or producing such or similar merchandise, at a time preceding the date of exportation of the particular merchandise under consideration which would ordinarily permit the manufacture or production of the particular merchandise under consideration in the usual course of business;
(2) The usual general expenses (not less than 10 per centum of such cost) in the case of such or similar merchandise;
(3) The cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the particular merchandise under consideration in condition, packed ready for shipment to the United States; and
(4) An addition for profit (not less than 8 per centum of the sum of the amounts found under paragraphs (1) and (2) of this subdivision) equal to the profit which ordinarily is added, in the case of merchandise of the same general character as the particular merchandise under consideration, by manufacturers or producers in the country of manufacture or production who are engaged in the production or manufacture of merchandise of the same class or kind. (f) The American selling price of any article manufactured or produced in the United States shall be the price, including the cost of all containers and coverings of whatever nature and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for delivery, at which such article is freely offered for sale to all purchasers in the principal market of the United States, in the ordinary course of trade and in the usual wholesale quantities in such market, or the price that the mannfacturer, producer, or owner would have received or was willing to receive for such merchandise when sold in the ordinary course of trade and in the usual wholesale quantities, at the time of exportation of the imported article.
PART 2.-REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES.
SEC. 431. FORM OF MANIFEST.-The master of every vessel arriving in the United States and required to make entry shall have on board his vessel a manifest in a form to be prescribed by the Secretary of the Treasury and signed by such master under oath as to the truth of the statements therein contamed. Such manifest shall contain:
First. The names of the ports at which the merchandise was taken on board and the ports of entry of the United States for which the same is destined, particularly describing the merchandise destined to each such port: Prorided, That the master of any vessel laden exclusively with coal, sugar, salt, nitrates, hides, dyewoods, wool, or other merchandise in bulk consigned to one owner and arriving at á port for orders, may destine such cargo "for orders,” and within fifteen days thereafter, but before the unlading of any part of the cargo such manifest may be amended by the master by designating the port or ports of discharge of such cargo, and in the event of faillire to amend the manifest within the time permitted such cargo must be discharged at the port at which the vessel arrived and entered.
Second. The name, description, and build of the vessel, the true measure or tonnage thereof, the port to which such vessel belongs, and the name of the master of such vessel.
Third. A detailed account of all merchandise on board such vessel, with the marks and numbers of each package, and the number and description of the packages according to their usual name or denomination, su as barrel, keg, hogshead, case, or bag.
Fourth. The names of the persons to whom such packages are respectively consigned in aceordance with the bills of lading issued therefor, except that when such merchandise is consigned to order the mani. fest shall so state.
Fifth. The names of the several passengers aboard the vessel, stating whether cabin or steerage passengers, with their baggage, specifying the number and description of the pieces of baggage belonging to each, and a list of all baggage not accompanied by passengers.
Sixth. An account of the sea stores and ship's stores on board of the vessel.
SEC. 432. SEA AND SUIT'S STORES.-The manifest ofany vessel arriving from a foreign port or place shall separately specify the articles to be retained on board of such vesse as sea stores, ship's stores, or bunker coai or bunker oil, and if any other or greater quantity of sea stores, ship's stores, bunker coal, or bunkor oil is found on board of any such vessel than is sperified in the manifest, or if any such articles, whether shown on the manifest or not, are landed without a permit therefor issued by the collector, all such articles omitted from the manifest or landed without a permit shall be subject to foi feiture, and the master shall be liable to a penalty equalto the value of the articles.
SEC. 433. REPORT OR ARRIVAL.--Within twenty-four hours after the arrival of any vessel from a foreign port or place, or ofa foraign vessel from a domestic port, or of a vessel of the United States carrying bouded merchandise, or foreign merchandise for which entry has not been made, at any port or within any harbor or bay at which such vessel shall come to, the masier shall, unless otherwise provided by 12w, report the arrivalofthe vessel at the customhouse, under such regulationsasthe Secretary of Commerce inay prescribe.
SEC. 434. ENTRY OF AMERICAN VESSELS.-Except as otherwise provided by law, and under such regulations as the Secretary of Commerce may prescribe, the master of a vessei of the United States arriving in the United States from a foreign port or place shall, within forty-eight hours after its arrival within the limits of any customs collection district, make formal entry of the vessel at the customhouse by producing and depositing with the collector the vessel's crew list,its register, or documentin lieu thereof, the clearance and bills of health issued to the vessel at the foreign port or ports from which it arrived, together with the original and one copy of the manisest, and shall nake oath that the ownership of the vesselisasindicated in the register and that the manifest was made out in accordance with section 431 of this Act..
SEC. 135. ENTRY OF FOREIGN VESSELS.---The master of any foreign vessel arriving within the limits of any customs collection district shall, within forty-eight hours thereafter, make entry at the customhouse in the same manner asis required for the entry ofa vessel of the United States, excepithat a list of the crew need not be delivered, and that instead of depositing the register or document in lieu thereof such master may produce a certificate by the consulofthe nation to which such vessel belongs that said documents have been deposited with him: Provided, That such exception shall not apply to the vessels of foreign nations in whose ports American consular officers are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nations.
SEC. 436. FAILURE TO REPORT OR ENTER VESSEL.-Every mastor who fails to make the report or entry provided for in section 433, 434, or 435 of this Act shall, for each ofiense, be liable to & fine of not more than $1.000.
SEC. 437. DOCUMENTS RETURNED AT CLEARANCE.--The register, or document in lieu thereof, deposited in accordance with section 434 or 435 of this Act shall be returned to the master or owner of the vessel upon its clearance.
SEC. 438. UNLAWFUL RETURN OF SHIP'S PAPERS.-It shall not be lawful for any foreign consulto deliver to the master ofany foreign vesselthe register, or document in lieu thereof, deposited with him in accordance with the provisions of section 435 of this Act until such master shall produce to him a clearance in due form from the collector of the port where such vessel has been entered. Any consul offending against the provisions of this section shall be liable to a fine of not more than $5,000.
SEC. 439. FAILURE TO DELIVER MANIFEST.-immediately upon arrival and before entering his vessel, the master ofa vesselfrom a foreign port reqạired to make entry shall mailto the Comptroller General of the United States at Washington, District of Columbia, or shall mail or deliver to the comptroller of customs, if any be located in such district, a copy of the manifest, and shallon entering his vessel make affidavit that a true and correct copy was so mailed or delivered, and lie shall a lso mail to said Comptroller General, or mailor deliver to sad comptroller ofcustomsa true and correct copy of any correction of such manifest filed on entry of his vessel. Any master who fails so to mail or deliver such copy of the manifest or correction thereofshall be liable to a penalty ofnot more than $500.
SEC. 410. POST ENTRY.-Ifthere is any merchandise or baggage on board such vessel which is not included in or which does not agree with the manifest, the master of the vessel shall make a post entry thereof, and maila copy to the Comptroller General of the United States or mail or deliver a copy to the comptroller of customs,ifany, and for failure so to do shall be liable to a penalty of $500.
SEC. 441. VESSELS NOT REQUIRED TO ENTER. The following vessels shall not be required to make entry at the customhouse:
(1) Vessels of war and public vessels employed for the convevance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passenger's or merchandise in trade;