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ART. 1289. All medicinal leaves, flowers, barks, roots, extracts, etc., not herein specified, must be, when imported, in perfect condition and of as recent collection and preparation as practicable.

All pharmaceutical and chemical preparations, whether crystallized or otherwise, used in medicine, must be found on examination to be pure and of proper consistence and strength, as well as of perfect manufacture, comformably with the formulas contained in the standard authorities named in the act, and must in no instance contain over 3 per cent of excess of moisture or water of crystallization. Essential or volatile oils, as well as expressed oils, used in medicine, must conform in purity to the standards of specific gravity noted and declared in the dispensatories mentioned in the act.

ART. 1290. Upon the entry of medicinal preparations, R.S., 2934. whether chemical or otherwise, usually imported with the name of the manufacturer and the place where prepared, careful examination must be made by the United States appraisers to see that the true name of the manufacturer, and also the place where said articles were prepared, are permanently and legibly affixed to each parcel by stamp, label, or otherwise. In default of these requisites the collector will immediately report the facts to the district attorney.

ART. 1291. When a decree of condemnation and forfeiture takes place an immediate examination must be had, in the manner herein before indicated, to ascertain whether the articles embraced in the importation conform to the requisite standard. Such portion of the importation as may prove to possess the proper standard of strength and purity may be immediately sold, and the proceeds accounted for as in ordinary cases of forfeiture. But all adulterated and spurious articles embraced in such importation must be destroyed in the manner hereinafter mentioned.

ART. 1292. The owner or consignee, if dissatisfied with R. S. 2935, 2936. the examiner's return, has the right of appeal, which must

be made in writing within 10 days after the examiner's

return shall have been made to the collector.

ART. 1293. On receipt of such appeal, and on a deposit R. S. 2936, 2937. with him of such sum as he may deem sufficient to defray the expense of a reexamination and analysis, the collector shall employ a competent analytical chemist, who shall make a careful analysis of the articles included in the ex

aminer's return, and report upon the same under oath, which report shall be final. All articles appearing thereby to be of the requisite strength and purity will be passed, without reservation, on payment of the proper duties; but in case the examiner's return shall be sustained by the analysis and report, the articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage and other expenses necessarily incurred by the United States, and on giving a satisfactory bond to land said articles out of the limits of the United States, shall have the privilege of reexporting them at any time within the period of 6 months after the report of the analysis; but if the said articles shall not be sent out of the United States within the time specified, the collector, at the expiration of said time, will cause the same to be destroyed, holding the owner or consignee responsible to the United States for the payment of all charges in the same manner as if said articles had been reexported.

ART. 1294. When an analysis is required in cases of appeal, and a properly qualified analytical chemist can not be obtained at the port of importation, the collector shall immediately notify the Secretary of the Treasury, in order that a suitable analyst may be had from one of the principal ports.

ART. 1295. The return of the special examiner and the report of the analytical chemist must be made in writing, signed by them respectively, and filed in the custom-house.

In case of appeal from the return of the special examiner, the analysis made by the analytical chemist shall be reported fully and in detail, setting forth clearly and accurately the name, quantity, and quality of the several component parts of the article in question.

ART. 1296. A copy of such report will be immediately furnished by the collector to the special examiner, who, if the same be in conflict with his return, and he have cause to believe that the analytical examination has not been conducted in strict conformity with the law, may enter his protest, in writing, against the reception and adoption by the collector of such report and analysis until a reasonable time be allowed him for the preparation of his views in the case, and their submission to the Secretary of the Treasury for consideration.

ART. 1297. Articles rejected at one port in the United States must be exported, if at all, from that port, and can ' not be sent in bond to any other port of the United States

for exportation except under transportation and exportation entry.

ART. 1298. Upon application to export any adulterated R. S. 2937. and spurious articles in pursuance of the act, proper bond must be taken for the exportation and production of proof of landing abroad, as in the case of exportation of goods from bonded warehouse, and all proper charges must be paid.

ART. 1299. Whenever articles are to be destroyed they must be conveyed to some suitable place, and proper means, to be prescribed by the special examiner or analyst, used for their effectual destruction, in the presence of an officer of the customs detailed by the collector for the purpose. Before the articles are destroyed, a particular description or statement of the same must be prepared containing the name of the importer or owner, the date of importation, the name of the vessel, and the place from which imported, with the character and quantity of the articles and the invoice value. The fact of their destruction must be certified on said statement by the officer detailed as aforesaid, which statement must be filed in the custom-house.

§ 6. ENTRY AND EXAMINATION OF IMPORTED TEAS.

ART. 1300. The importation of any merchandise for T. D. 22138. sale as tea which is inferior in purity, quality, and fitness for consumption to the standards fixed and established by the Secretary of the Treasury, in accordance with section 3 of the act of March 2, 1897, is prohibited.

Importations of tea may be entered either for consumption, warehouse, warehouse and transportation, warehouse and immediate exportation, transit to Canada or Mexico, or for immediate transportation without appraisement, and all entries must be on the regular forms, and the regular serial numbers for both bonds and entries should be used.

Tea entered for consumption must be stored in warehouse pending examination, and special bond must be taken by the collector from the importer conditioned that such tea shall not be removed from the warehouse until released by the collector. This bond (Cat. No. 821) shall be under a penalty equal to double the estimated duties and shall also be conditioned for the payment of all custom-house charges which may attach to the tea prior

9095-30

T. D. 18065, 20014, 21913.

T. D. 21358, 21440.

T. D., 18062.

T. D., 21515

to its being released, exported, or destroyed, as the case may be under the provisions of law.

ART. 1301. This bond shall be canceled upon the issuance of the permit (Cat. No. 822), or upon the filing of a new bond for the exportation of the tea as provided in section 6 of the act, or upon the destruction thereof as provided for hereinafter.

ART. 1302. The examination of teas shall be made by means of samples to be drawn from packages designated by the collector and to be furnished by the importer, and of additional samples to be obtained by the examiner. The importer shall furnish a sworn statement that any samples submitted by him to the examiner are drawn from packages designated by the collector and covered by his entry (naming the vessel), and that to the best of his knowledge and belief they represent the true qualities of each and every part of the invoice (including the proportion of dust), and accord with the specifications therein contained. The importer shall submit with his entry a chop list or specification of the several lines included in the invoice, and the collector shall select for examination packages representing the different lines. The examination and report upon such samples shall be made in accordance with the provisions of section 7 of the above act.

ART. 1303. Imported teas entered at an exterior port, destined for immediate transportation to an interior port, shall be forwarded without detention; but in all cases, whether for immediate transportation or for transporta- tion in bond, the collector will note on the transportation papers whether the tea has been examined or not.

In case an entry of imported tea shall be made at a port or subport where there shall be no duly qualified examiner, samples shall be furnished by the importer to the chief officer of the customs at such port, in the manner above set forth, and duplicate samples shall be obtained by such chief officer, all of which shall be forwarded by him to the appraiser at the nearest port of entry at which a qualified examiner shall have been designated by the Secretary of the Treasury, and such samples shall be examined by the examiner, whereupon the appraiser shall notify the chief officer at the proper port of entry at once by mail, except in cases where by reason of distrnce or special urgency, the use of the telegraph may appear to be necessary, as to the report of the examination on the samples so submitted, and such chief officer shall take action accordingly.

Qualified examiners are stationed at the ports of New
York, Chicago, San Francisco, St. Paul, and Tacoma.

ART. 1304. Samples sent from ports of importation to ports where tea examiners are stationed, for the purpose of examination, shall be packed in perfectly clean, new tin cans, cylindrical in shape, 24 inches deep, 3 inches in diameter, of a capacity of 4 ounces, with tight slip covers, properly labeled, properly "seasoned," according to the custom of the trade, and accompanied in each instance with an extract from the invoice, giving marks and numbers of packages, invoice number, name of consignee, name of importing vessel, date of importation, etc., in order that the importation may be identified by the examiner, and to the end that, in case of rejection and exportation, should an attempt be made to reenter the teas at another port, their identity can be established.

In all cases samples drawn by the importer and by the customs officer should be forwarded, and the name of the importer or customs officer drawing the sample should appear on the label.

T. D., 21439.

T. D., 18092.

ART. 1305. If, after examination, the tea is found not to be prohibited under the act, a permit shall at once be granted to the importer declaring the tea free from control of the customs authorities; but if, on examination, such tea, or merchandise described as tea, is found, in the opinion of the examiner, to come within the prohibitions of the law and of these regulations, the importer shall be immediately notified, and the tea, or merchandise described as tea, so returned, shall not be released by the custom-house authorities, unless on a reexamination called for by the importer the return of the examiner shall be found erroneous. Should a portion only of the invoice be passed by the examiner as correct, a permit of delivery shall be granted for that portion and the remainder be held as provided in section 6 of the act. Any portion of T. D., 21913. an importation of tea entered for consumption which may be rejected will be held under the special tea bond until it is either destroyed or exported according to law, and the entry is not to be accounted for to the Treasury Department in the warehouse and bond account.

ART. 1306. In case the collector, importer, or consignee T. D., 18515. shall protest against the finding of the examiner, the matter in dispute shall be referred for decision to a board of three United States general appraisers, designated by the Secretary of the Treasury, and if such board shall, after due examination, find the tea in question to be equal

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