upon the arrival of any such vessel, to go on board thereof, and to carefully measure all the places or spaces in or upon which passengers were brought. They shall also examine every emigrant ship or vessel as required by article 174 of these regulations.

The measurements of the spaces of every vessel will be recorded in proper books kept in the surveyor's office, and be certified by the inspectors making the same, and a detailed report, in the form prescribed, will be made of the examinations of each vessel.

The reports aforesaid, signed by the examining inspectors, will be made to the surveyor in the prescribed form at the close of each month, with a brief abstract of the contents thereof.

ART. 1693. If it shall appear that any vessel has taken on board or brought an excess of passengers, a separate report, in the form prescribed, will be made and signed by the examining inspectors, and be delivered to the surveyor; and if it be discovered by the examining inspectors that any provision of the passenger laws has been violated, they are required to make a special written report thereof to the surveyor.

§ 10. THE APPRAISER,

T. D. 10066.

T. D. 11887.

Act June 10,

ART. 1694. The appraiser examines and appraises by all reasonable ways and means all imported merchandise which is designated for that purpose by the collector, and 1890, sec. 10. reports to the latter, in writing, whether the prices named in the invoice are correct according to the market value or wholesale price of similar goods on the day of shipment in the principal markets of the country from whence ex- T. D. 9659. ported. In order to assist the collector in the assessment

of duty, the appraiser describes the merchandise in such terms as will enable the collector to classify the same for T. D. 12393. duty and reports whether the measurements and quanti

ties (except of such goods as are weighed, gauged, or measured by the surveyor) agree with the invoice.

Appraisers are under the general control and direction T. D. 7986. of the collectors in regard to the arrangement and transaction of the business of their department of the customs.

ART. 1695. It is in no case the function of appraising T.D. 7235,9659. officers to classify imported merchandise, that duty being vested by law in the collector of customs, and the chief business of the appraiser under the statute being the ascertainment of the dutiable values of imported merchandise.

9095-37

T. D. 6928. 7800, 7986, 8212.

T. D. 12283.

R. S., 2949.

T. D. 6928, 7235, 8295, 8584, 9549, 15320.

ART. 1696. Appraisers shall report to the collector, in writing, upon the invoice of any merchandise examined by them, whether the prices named are the same as those demanded on the day of shipment for similar articles in the country from whence exported; also, whether the quantities are correct, and shall note upon the invoice the description of the goods covered thereby. Examiners of merchandise shall attach their initials to all returns made by them to the appraiser. Appraisers shall furnish any further information affecting the assessment of duty when requested by the collector or the naval officer.

ART. 1697. As the examinations of appraisers are made the basis of the classification of importations for the assessment of duty, it is necessary that appraisers shall closely inspect the articles ordered for appraisement, and where they entertain doubts concerning the quality or denomination of articles they shall submit samples thereof, with their opinions, to collectors, or for reference to the Board of General Appraisers.

ART. 1698. Appraisers must rigidly exclude unauthorized persons from the rooms where goods are awaiting or are under examination for appraisement, and forbid their subordinates to hold communication with interested persons concerning the goods under appraisement.

ART. 1699. Appraisers shall not examine goods for appraisement at other places than the appraiser's rooms, except as provided by law.

In every case where an examination for appraisement is held elsewhere than at the public store, the appraiser will state the fact and place of such exceptional examination in his report of the appraisement.

ART. 1700. Appraisers are required to make a special report in writing to collectors in each case where an invoice of goods or an article of merchandise ordered for appraisement is brought to them by any other person than an official messenger. They shall not allow invoices to leave their possession except for return to the customhouse by official messengers.

ART. 1701. At any time before a reappraisement is entered upon, appraisers can recall invoices in order to correct clerical errors in their original returns, but not for the purpose of changing their appraisal.

ART. 1702. Appraisers at the several ports where general appraisers are stationed, or at ports which general appraisers may visit in the discharge of their official duties, will afford those officers free access to books and papers,

and advise with them in all matters connected with appraisements, and will consult with them whenever they have any doubt or difficulty as to the dutiable value of imports.

N. Y.), or, in 10094.

ART. 1703. Appraisers and appraising officers at all ports will at the close of each day or month, accordingly as specially instructed, report to the Board of General Appraisers at the port of New York the appraisements and returns of merchandise which have been made at their respective ports during the day or month, as the case may be, on form Cat. No. 1009 (1097 event of no transactions, on form Cat. No. ART. 1704. At the several ports in which there are subdivisions in the appraisers' offices, and in districts in which there are subports under separate heads, each such head of a division or subport shall report on such forms daily to his chief, who will, upon receiving such daily reports, promptly examine, correct, and forward them. together as one report of his office or district for the day and date rendered.

ART. 1705. At ports where the volume of importations T. D. 18964 is too great to admit of report of all merchandise passed upon, appraisers will exercise care to report sufficient quantities of each quality of every line to show the value and return for classification thereof. In reporting articles of merchandise which are on the free list, or those subject to specific duties, at least one article of such description will be enumerated, which will be sufficient.

ART. 1706. Appraisers and appraising officers at all the ports will see that good and sufficient samples of all lines of merchandise which may be readily sampled and which can be safely mailed are forwarded daily to the Board of General Appraisers; but samples of merchandise identical in quality, materials, and value need not be forwarded oftener than monthly. Such samples will be attached to sample labels (Cat. No. 983; N. Y. Cat. No. 1106), such labels to be consecutively numbered from one upward during the period of each calendar year. Appraising officers are warned that these daily samples are not to be in any instance confounded with samples required to be forwarded with classification protests or reappraisement appeals.

The object of furnishing these reports and samples is to aid in securing uniform valuations and classifications at the several ports of the country, and care should be exercised accordingly. The president of the Board of

T. D. 16867.

Act June 10, 1890.

T. D. 17092.

General Appraisers will insist upon the furnishing of prompt reports and full lines of samples under these regulations, and will notify the Department of any derelictions of duty on the part of officials charged with their fulfillment.

ART. 1707. The following is a list of ports (including subports) from which daily reports should be made:

At all other ports the reports should be rendered monthly.

ART. 1708. Appraising officers will report to the Department the conclusions reached regarding the appraisement of any merchandise which is covered by a certified invoice on which the consul has made annotations calling attention to apparent discrepancies between the value named in such invoice and that prevailing in the country of exportation.

ART. 1709. At ports where appraisers are appointed in pursuance of law, appraisements will be made by them. Where there are no appraisers, appraisement will be made by the collector or other authorized officer. The return of such officers as to the value of the merchandise is final and conclusive, unless the collector shall order a reappraisement, or the importer, owner, agent, or consignee shall notify the collector of his dissatisfaction with such appraisement within two official days after the return of the appraisement.

ART. 1710. All samples, except samples of perishable goods, taken by or furnished to appraising officers shall be regarded and filed as official documents, with proper notations so as to secure identification of the same when necessary. Also all sample cards received from United

States consular officers. The samples and cards so taken will be retained on file for at least six months from date of receipt, and due record kept of the same.

§ 11. THE U. S. GENERAL APPRAISERS.

1890, sec. 12.

ART. 1711. The act of June 10, 1890, effected a change Act June 10, in the method theretofore existing of obtaining a review of appraisements of value made by local appraising officers, and of classifications for duty made by collectors. Under the provisions of the act referred to, such questions are now assigned for the determination of U. S. General Appraisers, nine in number, who are authorized to exercise the powers and to perform the duties defined by the act, at such ports and within such territorial limits as the Secretary of the Treasury may from time to time prescribe, and also to exercise, under the general direction of the Secretary of the Treasury, such other supervision over appraisements and classifications as may be needful to secure lawful and uniform appraisements and classifications at the several ports.

1890, sec. 12. T. D. 10127.

ART. 1712. The nine General Appraisers are appointed, Act June 10, by the President, and three of them are required to always be on duty during business hours at the port of

New York.

June

ART. 1713. The decisions of the General Appraisers upon Act Ju 14, 16, the particular cases under review by them are final and 18. T. D. 11670, conclusive in the matter of appraisements of value and 11881. such decisions will govern the action of local appraisers provided there is no information as to change in foreign market value, no new evidence to be submitted, and no reason to believe that the decisions of the board would be modified or reversed on another reappraisement. They shall be preserved and filed so as to be open for the inspection of all persons interested therein. Application to the circuit court of the United States may be made, within the district in which the matter arises, for review of the questions of law and fact involved in any decision of said General Appraisers regarding the classification of imported merchandise. The General Appraisers have no authority to reverse their own decisions.

ART. 1714. Whenever a decision has been rendered by T D. 10369, 11458, 11736. a board of general appraisers upon a question of classification, and no appeal therefrom has been taken by the Secretary or by the collector within thirty days after such decision, collectors will thereafter be governed thereby in