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REGISTER

FEDERAL
VOLUME I

1934

NUMBER 199

Washington, Saturday, Decem ber 19, 1936
855 b of the Customs Regulations of 1931 is hereby amended to read as follow s:

TREASURY DEPARTMENT.
Bureau o f Customs.
T . D. 48704
C u s t o m s R e g u l a t i o n s A m e n d e d G a u g i n g o f L iq u o r s CUSTOMS REGULATIONS OF 1931 AMENDED TO PROVIDE FOR GAUG
ING OF LIQUORS BY WEIGHT METHOD AS ALTERNATIVE WITH ROD
METHOD WHERE USE OF WEIGHT METHOD PRACTICABLE

To Collectors of Customs and Others Concerned:
Pursuant to authority contained in section 251 of the Revised Statutes U. S. C, title 19, sec. 66 and section 624
of the T a riff A ct of 1930 U. S. C., title 19, sec. 1624, article 1357 of the Customs Regulations of 1931 is hereby amended as follow s:
Paragraph b is amended to read as follow s:
T. D s.
31796, 32576, 33850,
31203, 31850, 33303, 33986.

b W h en ganged by the rod method, each package of wines, spirits, and liquors m ust be gauged and inspected separately w ithout regard to marks and brands already on such package.

The follow ing new paragraphs, designated f and g , are added:
f W here practicable, packages of wines, spirits, and liquors may be gauged by the weight method when the packages are marked by scoring cutting or dyeing in the wood with the gross and net weights and the tare, and the collector of customs shun be satisfied that the liquors were gauged prior to exportation and the weights and tare marked on the packages under the supervision of the proper officials of the government of the country of exportation. Each package shall be weighed for verification of the marked gross weight, and if a material difference is found between the marked gross weight and the actual gross weight the capacity of the cask or package shall be ascertained by the rod method. A test shall be made of at least one in five packages for verification of the marked tare by dum ping the contents and weighing the empty cask or package. I f the test shows the marked tare to. be inaccurate each package in the shipment shall be gauged separately by the weight or the rod method.
T. D s. 35371, 48445.
g G auging m ust take place before goods are sent under general order. Liquors in bottles will not be gauged.

J. H. M o y l e , Commissioner of Customs.

seal
Approved, December 10, 1936.
W a y n e C. T aylor,
Acting Secretary of the Treasury.
F . R. Doc. 3883 Filed, December 18,1936; 12:47 p. m .

T . D. 48701
C u s t o m s R e g u l a t i o n s A m e n d e d T r a n s m i s s i o n o f P r o t e s ts a n d S a m p l e s to t h e U n it e d S tates C u s t o m s C o u r t
To Collectors of Customs and Others Concerned:
Pursuant to the authority contained in section 251, R e vised Statutes U. S. C., title 19, sec. 66, and section 624
of the T a riff Act of 1930 U. Su C title 19r sec. 1624 , article
b The collector, in his letter of transmittal, shall list the protests transmitted and identify the entries covered by each such protest. Whenever practicable, he shall forward a sample of the merchandise with an identification card customs Form 6433
attached thereto. Any information which, in the judgm ent of the collector, may be of assistance to the Assistant Attorney G en eral in defending the action or decision of the collector which been protested, shall be stated by indorsement on the protest or in a memorandum enclosed therewith. Any objection to the validity of the protest perceived by the collector should be specially mentioned in such indorsement or memorandum . Each such indorsement or memorandum shall be identified as not a part of the protest.

Customs Form 4295 w ill be revised to conform hereto.
seal
Jam es H . M o y l e ,
Commissioner of Customs.
Approved, December 12, 1936.
W a y n e C. T aylo r,
Acting Secretary of the Treasury.
F . R. Doc. 3884 Filed, December 18,1936; 12:48 p. m .

T .D . 48706
C ustom s
R e g u l a t io n s
A m ended Sam ples H e ld D u t ia b l e
of
M e r c h a n d is e
To Collectors of Customs and Others Concerned:
Pursuant to authority contained in sections 484 a , 498 a 1 , and 624 of the T a riff A ct of 1930 U . S. C., title 19, secs. 1484 a , 1498 a 1 , and 1624, the Cus toms Regulations of 1931 are amended as indicated herein after.
A rticle 278 b is amended to read as follow s:
b Entry must be made of all importations whether free or dutiable and regardless of their value, except 1 as provided in article 361; 2 as provided in article 834; 3 as provided in article 370 b ; 4 parcels contained in packed packages where the individual parcel contains merchandise unconditionally free of duty arirt not exceeding $100 in value. W hen action is taken under 2 or 4 an appropriate notation as to the disposition of the articles and the authority under which they were passed free of duty or the statement no dutiable value shall be made on the manifest in lieu of the entry.

Article 361 is amended to read as follows:
T. D. 44613 W rit certiorari denied, 284 U. S. 623.

A rt . 361. Im portations not exceeding $1 in value. Customs officers may pass free of duty, without issuing a mail entry therefor, parcels containing articles except cigars, cigarettes, cheroots, tobacco, and snuff the aggregate value of which is not more than $1, provided the merchandise is not imported for sale or for warded in a manner designed to evade the pay ment of customs duty. W here such importa tions are subject to internal-revenue tax, both duty and tax shall be assessed. See arte. 278
and 834.

2501