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FEDERAL
VOLUME 3

REGISTER

-fc.

1934

Canteo

NUMBER 35

Washington, Friday, February 18, 1938
TREASURY DEPARTMENT.
Bureau of Customs.
T. D. 49410
R elease of E xamined P ackages U pon a S tipulation to P ay An y I ncreased or A dditional D uties CUSTOMS REGULATIONS OF 1 9 3 7 AMENDED

To Collectors of Customs and Others ConcernedU
Pursuant to the authority contained in section 251 of the Revised Statutes U. S. C., title 19, sec. 66 and section 624
of the Tariff Act of 1930 U. S. C., title 19, sec. 1624, article 315 c of the Customs Regulations of 19371 is amended to read as follows:
c If it be estimated that any increased or additional duties upon all the merchandise covered by the entry will not in the aggregate exceed $50, the collector or such designated appraising officer may likewise permit the release of the examined packages, provided there has been filed with the collector a stipulation undertaking and agreeing to pay such duties in any amount not to exceed $50 on any one entry. No such stipulation shall be accepted unless executed by an indi vidual, partnership, or corporation, other than the importer, found by the collector to be financially and otherwise respon sible. Such stipulation by its terms may apply to all entries of a stated class or classes to be made during a period not to exceed one year, or may apply 6nly to a particular entry, in which case it shall be endorsed on such entry.
seal
J ames H. M oyle ,
Commissioner of Customs.
Approved: February 11, 1938.
W ayne C. T aylor,
Acting Secretary of the Treasury.
P. R. Doc. 38-512; Piled, February 16,1938; 1:02 p. m.

DEPARTMENT OF THE INTERIOR.
National Bituminous Coal Commission.
Docket No. 64-FD
I nvestigation of the N ature and E xtent of T ransactions in I ntrastate Commerce in B ituminous Coal in the S tate of W est V irginia and the E ffect of S uch T ransactions on I nterstate C ommerce in S uch C oal
At a Regular Session of the National Bituminous Coal Com mission Held at its offices in Washington, D. C.f on the 15th day of February, 1938.
It appearing, That by Orders Nos. 2 and 49,2 the Commission upon its own motion entered into and conducted an investi gation under the provisions of Section 4-A of the Bituminous 12 P. R. 1806 D I.
2 2 P. R. 1260, 2283 DI.

Coal Act of 1937, for the purpose of determining the nature and extent of transactions in intrastate commerce in bitumi nous coal in the State of West Virginia and the effect of such transactions upon interstate commerce in such coal; and It further appearing, That reasonable public notice of a hearing was provided and that at said hearing interested parties were afforded an opportunity to be heard; that the presiding Examiner duly designated by the Commission hav ing filed his report and recommendations and the Commis sion having given due consideration to said Teport and rec ommendations and to the record of the evidence in this pro ceeding; and, the Commission having on the 15th day of February, 1938, adopted the Examiners report and recom mendations which said report is hereby referred to and made a part hereof ;
Now, therefore, It is by order declared:
That substantially all transactions in bituminous coal in intrastate commerce in the State of West Virginia di rectly affect interstate commerce in such coal; and That there will be an undue or unreasonable advantage, preference, or prejudice as between localities in West Vir ginia in such intrastate commerce on the one hand and in terstate commerce in bituminous coal on the other hand, and an undue, unreasonable, or unjust discrimination against interstate commerce in such coal if such transactions in intrastate commerce or any substantial part thereof are not regulated and subjected to the provisions of Section 4 of the Bituminous Coal Act of 1937.
Therefore, it is further ordered:
1. That on and after the 2nd day of March, 1938, all bituminous coal sold, delivered, or offered for sale in trans actions in intrastate commerce in such coal in all localities within the State of West Virginia, shall be subject to the provisions of Section 4 of the Bituminous Coal Act of 1937, to the Bituminous Coal Code, as promulgated by the Com mission and made effective on the 21st day of June, 1937, and to all relevant orders of the Commission in effect on the date of this order, as well as all further orders which may thereafter be issued by the Commission under Section 4 of said Act, so as to apply to such intrastate commerce in coal within the State of West Virginia.
2. That any producer of bituminous coal in intrastate commerce within the State of West Virginia, who may believe that his or its particular transactions in intrastate commerce in bituminous coal should be exempted from this order and/or from the provisions of Section 4 and 4-A of said Bituminous Coal Act of 1937, may file application at any time hereafter for exemption pursuant to the second paragraph of Section 4-A of said Act, and be entitled to a hearing and appropriate orders thereon.
3. That the Secretary of the Commission shall give notice to each known producer of bituminous coal within the State of West Virginia who is not upon the date of this order a member of the Bituminous Coal Code, by mailing, within five 5 days from this date, a copy of this Order, together With three 3 copies of the Form of Code Acceptance and 479