(2) Partial shipments. When a mailer presents an authenticated export declaration with a partial shipment in lieu of a validated license, as prescribed in paragraph (c) of this section, take the authenticated declaration, postmark it and send it to the Bureau of International Commerce. If a validated license is presented with a partial shipment, take it up and dispose of it in the same manner as for an entire shipment.

§ 252.4 Export control inspections.

Parcels are subject to inspection by U.S. customs officers at dispatching exchange post offices. If violations of export control are detected, the parcels may be returned or seized by the customs inspectors. Postage is not refunded.

253.3

Processing licensed mailings. 253.4 Mailings exempt from license. 253.5

Government shipments.

AUTHORITY: The provisions of this Part 253 issued under 5 U.S.C. 301, 39 U.S.C. 501, 505.

SOURCE: The provisions of this Part 253 appear at 32 F.R. 12276, Aug. 24, 1967, unless otherwise noted.

§ 253.1 Individual licenses.

Exportation of certain arms or implements of war and related technical data requires individual licenses issued by the Office of Munitions Control, Department of State. Firearms subject to license include nonautomatic and semiautomatic rifles, carbines, revolvers, and pistols, except those of .50 caliber or less manufactured prior to 1898; also all machineguns, submachineguns, machine pistols, and fully automatic rifles. The mailer can obtain information as to the applicability of the State Department requirements and how to apply for individual licenses from the Office of Munitions Control, Department of State, Washington, D.C. 20520.

§ 253.2 Mailings under license.

When the entire amount authorized by an individual license is mailed, the sender must surrender the license at the post office. If only a portion of the amount authorized is mailed, the sender must enter on the back of the license the

amount being shipped and present it at the post office, where the accepting clerk will postmark it and return it to the mailer.

§ 253.3 Processing licensed mailings.

(a) When a mailer presents a State Department license, the accepting clerk will compare the commodities or data indicated on the license with the contents as shown on the customs declaration or as stated by the mailer in the case of technical data mailed as printed matter. If no discrepancy is noted, and the contents are mailable under Part 125 of this chapter, and not prohibited to the country of destination concerned, the clerk will accept it for mailing. The sender must mark the wrapper "State Department export license No.

Government shipments.

Shipments mailed by an agency of the U.S. Government require no license from the Department of State and no endorsement relating to 22 CFR 125.30 is needed on the wrapper.

§ 254.2

Gold held by nonresidents.

Gold in any form other than coin is mailable without a license and specific instruction, if it is not held or owned by a person who is a resident of or domiciled in the continental United States. In such a case the mailer must place on the wrapper of the package and on the shipper's export declaration when required (see § 251.1 of this chapter) a statement that the gold contained therein is held or owned by a person who is not a resident of, or who is not domiciled in, the continental United States.

§ 254.3 Fabricated gold.

(a) Definition. Fabricated gold is defined by the Treasury Department as processed or manufactured gold in any form (other than gold coin or scrap gold) which has a gold content the value of which does not exceed 90 percent of the total domestic value of the processed or manufactured gold and which has in good faith and not for the purpose of evading or enabling others to evade the provisions of the Gold Reserve Act of 1934, the act of October 6, 1917, as amended, or the regulations of the Treasury Department, been processed or manufactured for some one or more specific and customary industrial, professional, or artistic uses. Fabricated gold is to be distinguished from semiprocessed gold, which may be exported only pursuant to Treasury License, and which is defined to include gold articles of which more than 90 percent of the total domestic value is attributable to the gold content thereof.

(b) Mailing restricted. Fabricated gold is acceptable for mailing without being licensed by the Treasury Department and without specific instructions from the Post Office Department. However,

the shipper is required to endorse the wrapper of the package with the Bureau of Census Schedule B statistical classification number of each specific commodity contained therein. The shipper's export declaration, when required (see § 251.1 of this chapter) shall contain, in addition to a specific description of the contents of the package, the following notation: "Fabricated gold as defined by section 54.4 of the Gold Regulations, being exported pursuant to the authorization contained in section 54.25(b) (2) of such regulations."

(c) How to determine. To determine whether an article is semiprocessed or fabricated gold, the value of the gold content is computed at $35 per fine troy ounce of gold and the total domestic value is determined on the basis of the cost of the article to the owner and not the selling price. In the case of a manufacturer or processor, the allowable elements of such value are the cost of material in the article, labor performed on the article and processing losses and overhead applicable to the manufacturer or processing of such article. In the case of a dealer or other person who holds or disposes of gold without further processing, total domestic value includes only the net purchase price paid by such person and any transportation costs incurred in obtaining delivery of such article to his usual place of business.

(d) Gold coin made prior to April 5, 1933. Gold coin made prior to April 5, 1933, is acceptable for mailing without being licensed by the Treasury Department and without specific instructions from the Post Office Department. However, the shipper's export declaration, when required (see § 251.1 of this chapter) shall contain, in addition to a specific description of the package, the following notation: "Rare gold coin as defined by section 54.20 of the Gold Regulations, being exported pursuant to the authorization contained in section 54.25 (b) (3) of such regulations." § 254.4

Gold coin, bullion, or gold dust. The acceptance in the postal union mail or parcel post for any country of any consignment of gold coin, gold bullion, or gold dust, having a value in excess of $100 is prohibited, even though a license has been granted to export such gold coin, gold bullion, or gold dust.

§ 254.5 Where to obtain licenses.

The shipper may obtain the forms on which to apply for licenses to export gold

(a) Endorsements. When dried whole eggs purchased under a program of the Commodity Credit Corporation, Department of Agriculture, are offered for export by mail, an endorsement must be written or stamped on each package by the sender waiving any right to withdraw it from the mail or have it returned. The endorsement must be properly completed and signed by the exporter or his authorized representative over his title. The parcel post forms accompanying such parcels should be completed by the senders to indicate that the parcels are to be abandoned in case of nondelivery.

(b) Certificates. A certificate in the following form, prepared and completed by the sender, must be presented with the shipment:

CERTIFICATE OF MAILING DRIED WHOLE EGGS

I hereby certify that there has (have) been posted at this post office today by (Sender), parcels containing a total of (Number) pounds of dried whole eggs on which the sender has waived the right to withdraw same from the mails or have same returned. Parcels addressed to:

(Names and addresses of addressees) (Office stamp)

mailing. After postmarking, the certificate will be signed by the postmaster or his authorized representative and returned to the sender.

§ 255.2 Tobacco seed and plants.

(a) Permit required. It is unlawful to export any tobacco seed or live tobacco plants except in pursuance of a written permit granted by the Secretary of Agriculture.

(b) Endorsement of package. The sender must mark the wrapper of the package "Tobacco seed and plant export permit No. ______.”

(c) Surrender of permit. The permit is to be presented by mailer at the time of mailing. It will be postmarked and signed by the accepting postal employee. The permit will be retained by the post office and forwarded to the Tobacco Division, Consumer Marketing Service, Department of Agriculture, Washington, D.C. 20250.

(d) Charges. A charge of 5 cents will be made for each permit presented by the sender and for each package or parcel when a single permit covers more than one parcel. Postage stamps to cover the charge shall be affixed to the permit and canceled by the postmark of the office of mailing.

Many countries require special documents to be prepared by the sender and either presented by the addressee or enclosed within the package. In some cases, certification by a recognized Chamber of Commerce in the United States, or legalization by a Consulate of the country of destination, or both, are required. The mailer may inquire at the post office for information, or purchase the Directory of International Mail from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. See § 114.2 of this chapter. (5 U.S.C. 301, 39 U.S.C. 501, 505) [32 F.R. 12278, Aug. 28, 1967]

AUTHORITY: The provisions of this Part 257 issued under 5 U.S.C. 301, 39 U.S.C. 501, 505.

SOURCE: The provisions of this Part 257 appear at 32 F.R. 12278, Aug. 24, 1967, unless otherwise noted.

§ 257.1 Description.

Drawback is an arrangement provided for under the U.S. Customs Regulations whereby exporters of certain merchandise are entitled to claim a refund of (a) the duty paid on imported materials used wholly or in part in the manufacture or production of the articles to be exported, or (b) the internal revenue tax paid on domestic material used.

(b) Instructions to postmasters. (1) Postmaster's certificate. Postmark and sign the "Postmaster's Certificate" on the reverse side of Customs Form 7511-A or 7511-B, after verifying the marks and numbers on the form with those on the package and noting the presence of the sender's signed statement waiving the right to withdraw the package from the mail.

(2) Disposal of forms. Dispose of completed Forms 7511-A and 7511-B as follows:

(i) Return one copy to the mailer.

(ii) Forward one copy to the collector of customs at the port where the claim is to be filed (shown on the front of the form).

(iii) Retain one copy as an office record. Dispose of this copy after 3 years.

(a) Exchange offices. Articles believed liable to customs duty are submitted immediately to local customs officers or redispatched for customs treatment to designated distribution offices. In the latter case, exchange offices will attach Label 81, a reusable pink slotted tag, bearing the words "This sack contains mail supposed liable to customs duty," to the label holders or hasps of sacks or pouches containing matter to be submitted to customs officers.

(b) Distribution offices. Distribution offices will submit articles supposed liable to customs duty to customs officers as soon as possible after receipt. The reusable tags, Label 81, removed from sacks containing this mail will be returned periodically to the postmasters at New York, New Orleans, San Francisco, Seattle, or Miami, as may be appropriate from a geographical standpoint.

(c) Priority treatment of airmail. Airmail articles receive preferential customs treatment and are submitted to customs separately from surface mail. Upon return from customs, dispatch will be by air if it will expedite delivery. § 261.3

Examination.

(a) Authority to open sealed articles. Sealed letters and letter packages con

taining merchandise should bear a green label (Form C 1) or an endorsement permitting the customs officer to open the article for examination. In the absence of a label or endorsement, the post office will obtain the addressee's signed authority for opening on Form 2921, "Held Notice-International Mail." If such authority is not granted within 15 days after the first notice, send a second notice. If no response is received from the second notice after an additional 15day period, endorse the article "Unclaimed" and return it to origin. Sɛaled parcel post is opened without any formality.

(b) Registered and sealed articles. The postmaster or other designated postal employee must be present when registered articles and parcels or sealed letter mail is opened by customs officers for examination. After customs treatment, the postal employee will repack and reseal letter packages in the presence of the customs officer who participated in the opening. Repack the article in the same or better condition than when it was opened. If the article was received in a special penalty envelope which can be reused, forward the article in that envelope; otherwise reseal the article and apply the official adhesive seal of the Post Office Department. Sign or initial the envelope or wrapper of each article.

(c) Extraction of samples for advisory information. Should a customs officer wish to obtain advisory information from a local trade expert or the Customs Information Exchange, 201 Varick Street, New York, N.Y. 10014, permit him to extract a sample of the contents. The customs officer will furnish the postal official with two copies of Customs Form 6423, one for enclosure in the importation and the other for the post office files. If the sample is to be forwarded to New York, dispatch it under official registration to the New York Postmaster for delivery to the Customs Information Exchange.

(d) Failure to receive customs examination. Should an article known or supposed to be dutiable be observed at or en route to the office of address without having received customs treatment, forward it, labeled "For Customs Inspection," under seal to the postmaster at the appropriate office listed in paragraph (e) of this section. Packages that

HAWAII:

Honolulu

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Chicago

Detroit

Port Huron

Sault Ste. Marie MINNESOTA:

Ashtabula

Cincinnati

Cleveland

Columbus

Dayton Sandusky Toledo OREGON:

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Philadelphia Pittsburgh PUERTO RICO: Mayaguez

Ponce
San Juan