(d) When the entry has been completed by the filing of proper evidence of cost and no application for relief as provided for in paragraph (e) of this section, has been filed within the time authorized or, if filed, has been finally acted upon, or the collector is informed that no such application will be filed, the entry shall be liquidated.

(e) An application for relief may be filed with the collector of customs alleging (1) that an item covered by the entry is not within the class of items liable to duty under section 3114, Revised Statutes, (2) that such item is within the provisions of section 3115, Revised Statutes, or (3) both of the foregoing. To insure consideration in liquidation of the entry, the application shall be filed within 90 days from the date of the entry and, unless the collector is definitely advised that no application will be filed, the liquidation shall be suspended for that period of time to afford an opportunity for such filing. In meritorious cases the collector may authorize a further suspension of 90 days upon the written request therefor. Inasmuch as an unprotested liquidation, insofar as it relates to the classification of items for the purposes of section 3114, Revised Statutes, is final at the expiration of 60 days, a subsequent application in regard to such classification cannot be considered in the absence of a timely protest.

*

(j) When the evidence referred to in paragraphs (f), (g), or (h) of this sec

16a Notwithstanding any provision of law to the contrary, no collector of customs shall require a master or owner of a vessel arriving, otherwise than by sea, at a port or place in the United States on the Great Lakes, or their connecting or tributary waters, from a port or place in the Dominion of Canada to furnish a list of passengers on board such vessel. (Public Law 628, 79th Cong., 60 Stat.

882.)

tion has been received and examined by the collector of customs he shall notify the owner or operator of the vessel, or other party in interest, of his decision, but if any doubt exists the case shall first be referred to the Bureau for advice. Thirty days after the date of such notice the collector shall proceed to liquidate the entry unless within that period the owner or operator of the vessel, or other party in interest, shall file a petition as provided for in paragraph (k) of this section,

(k) The owner or operator of the vessel involved, or other party in interest, may file with the collector of customs a petition addressed to the Commissioner of Customs for a review of the collector's decision on an application claiming relief under section 3115, Revised Statutes (paragraphs (e) (2) or (3) of this section). Such petition shall be filed in duplicate within 30 days from the date of the notice of the collector's decision, shall completely identify the case, and shall set forth in detail the exceptions to the collector's decision. When such a petition has been filed, the collector shall immediately transmit both copies thereof and the entire file to the Bureau, together with any comments he may desire to submit. When the Commissioner's decision has been received the entry shall be liquidated in accordance therewith.

CODIFICATION: § 4.14 was amended in the following respects by Treasury Decision 51585, Acting Commissioner of Customs, approved by the Acting Secretary of the Treasury, Dec. 11, 1946, 11 F.R. 14510:

1. Paragraphs (d) and (e) were amended to read as set forth above.

2. Paragraph (f) was revoked.

3. Paragraph (g) was redesignated (f) and the first sentence thereof was amended to read "When relief is claimed under subparagraph (1) of section 3115, Revised Statutes, there shall be submitted to the collector of customs an affidavit of the master, itemized bills covering the cost of the repairs made or, equipment purchased, abstracts of the vessel's log, and a certificate of the proper officer when the repairs were made in order to obtain a certificate of seaworthiness, all of which shall be in duplicate if the vessel is owned or operated by the United States Maritime Commission, or a similar agency of the United States."

4. Paragraph (h) was redesignated (g) and the phrase "Commissioner of Customs in duplicate" was deleted and "collector of customs" was inserted in lieu thereof.

5. Paragraph (1) was redesignated (h), the phrase "(g) and (h)" was changed to "(f)

and (g) of this section", and the sentence "If such evidence is not received within the 90day period the entry shall be liquidated without regard to the application unless the collector of customs shall have approved an extension of such period" was added at the end thereof.

6. Paragraph (1) was redesignated (i) and the text following the word "translation" in the second sentence was deleted and the phrase "certified to be accurate" was inserted in lieu thereof.

7. New paragraphs (j) and (ķ) were added as set forth above.

COASTWISE PROCEDURE

§ 4.80 Vessels entitled to engage in coastwise trade.

NOTE: Treasury Decision 51374, Acting Secretary of the Treasury, Dec. 29, 1945, 11 FR. 227, waived compliance with the provisions of section 8 of the act of June 19, 1886, as amended (24 Stat. 81; 46 U.S.C. 289), to the extent necessary to permit the transportation of passengers on Canadian vessels between Skagway and other points in Alaska during the period between January 1, 1946, and March 31, 1946, inclusive.

Treasury Decision 51429, Acting Secretary of the Treasury, Mar. 27, 1946, 11 F.R. 3297 waived compliance with the provisions of section 8 of the act of June 19, 1886, as amended (46 U.S.C. 289), to the extent necessary to permit the transportation of passengers on Canadian vessels between Skagway and other points in Alaska during the period between April 1, 1946, and June 30, 1946, inclusive.

Treasury Decision 51484, Acting Secretary of the Treasury, July 1, 1946, 11 F.R. 7460, waived compliance with the provisions of section 8 of the act of June 19, 1886, as

Tha See note 16a to § 4.7 (c).

amended (46 U.S.C. 289), to the extent necessary to permit the transportation of passengers on Canadian vessels between Skagway and other points in Alaska during the period between July 1, 1946, and September 30, 1946, inclusive.

Treasury Decision 51540, Acting Secretary of the Treasury, Sept. 30, 1946, 11 F.R. 11355, waived compliance with the provisions of section 8 of the act of June 19, 1886, as amended (46 U.S.C. 289), to the extent necessary to permit the transportation of passengers on Canadian vessels between Skagway and other points in Alaska during the period between October 1, 1946, and December 31, 1946, inclusive.

Treasury Decision 51589, Acting Secretary of the Treasury, Dec. 19, 1946, 11 F.R. 14681, waived compliance with the provisions of section 8 of the act of June 19, 1886, as amended (46 U.S.C. 289), to the extent necessary to permit the transportation of passengers on Canadian vessels between Skagway and other points in Alaska during the period between January 1, 1947, and March 31, 1947, inclusive.

GENERAL

$ 4.96 Fisheries.

Sec

NOTE: Treasury Decision 51443, Acting Secretary of the Treasury, Apr. 24, 1946, 11 F.R. 4695, waived compliance with the provisions of section 4311 of the Revised Statutes (46 U.S.C. 251) to the extent necessary, until and including June 30, 1946, to permit Canadian fishing vessels engaged in the North Pacific halibut fishery only to land their catch of halibut in ports of entry in Alaska upon compliance with the applicable customs laws. Treasury Decision 51501, Acting retary of the Treasury, July 29, 1946, 11 F.R. 8437, waived compliance with the provisions of section 4311 of the Revised Statutes (46 U.S.C. 251) to the extent necessary, until and including December 31, 1946, to permit Canadian fishing vessels engaged in the North Pacific halibut fishery only to land their catch of halibut in ports of entry in Alaska upon compliance with the applicable customs laws.

Sec. 6.12 List of airports of entry. [Amended] 6.13 List of temporary airports of entry. [Amended]

AUTHORITY: §§ 6.1 to 6.13, appearing in this Supplement, issued under R.S. 161, 251, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. 7, 44 Stat. 572, sec. 644, 46 Stat. 761, secs. 367, 602, 58 Stat. 706, 712; 5 U.S.C. 22, 15 U.S.C. 185, 8 U.S.C. 102, 222, 49 U.S.C. 177, 19 U.S.C. 1644, 46 U.S.C. Sup. 270, 42 U.S.C. Sup., 201 note; sec. 1, Reorg. Plan No. V, sec. 102, Reorg. Plan No. 3, 3 CFR, Supps.

SOURCE: §§ 6.1 to 6.13, appearing in this Supplement, contained in Regulations, Acting Commissioner of Customs, Nov. 19, 1946, approved by the Acting Federal Security Administrator, 11 F.R. 13785, except as noted following provisions affected.

NOTE: Except as noted following provisions affected §§ 6.1 to 6.13, appearing in this Supplement, became effective on the thirtieth day after Nov. 23, 1946, but the regulations thereby amended shall continue in force with respect to liabilities incurred thereunder and the forms in use on this date under the regulations thereby amended may continue to be used until existing supplies are exhausted.

§ 6.1 Regulation and supervision. Sections 6.1 to 6.11,' inclusive, are prescribed by the Secretary of the Treasury, the Commissioner of Customs, the Surgeon General of the Public Health Service with the approval of the Federal Security Administrator, and the Attorney General, within their respective authorities, under the Air Commerce Act of 1926, as amended, sections 7 (b), (c), (d), 9 (b), and 11 (b) and (c) (44 Stat. 572; 49 U. S. C. 177 (b), (c), (d), 179 (b), 181 (b), (c) ); the Tariff Act of 1930, section 644 (46 Stat. 761; 19 U. S. C. 1644); the Public Health Service Act, sections 215, 361-369 (58 Stat. 690, 703-706; 42 U. S. C., Sup., 216, 264-272); Reorganization Plan No. 3 of 1946, section 102 (Title 3, Chapter IV, supra); and Reorganization Plan No. V of the President, section 1 (3 CFR, Cum. Supp., Ch. IV).

§ 6.3 Landing requirements.

(d) Emergency or forced landing. Should any aircraft coming into the United States from any place outside thereof, or into any area from any other

1 These regulations entitled "Air Commerce Regulations" appear under three designations, i. e., as §§ 6.1 to 6.11 of Title 19 (Customs Duties); §§ 11.501 to 11.516, Subpart K, of Title 42 (Public Health); and §§ 116.1 to 116.16 of Title 8 (Aliens and Nationality), Code of Federal Regulations.

area, make a forced landing in the United States, the aircraft commander or operator shall not allow any merchandise or baggage to be removed from the landing place without permission of the customs and quarantine officers, nor allow any passenger or person employed thereon to depart from the landing place without permission of the quarantine and immigration officers, unless such removal or departure is necessary for purposes of safety or the preservation of life or property. [First sentence amended]

§ 6.7 Documents. (a) The forms described in §§ 6.8 and 6.9 shall be the primary documents required for entry and clearance of aircraft and the listing of passengers and merchandise carried thereon and aliens employed on board thereof. The forms to be used for the entry and clearance of the aircraft, passengers, crew members, and merchandise carried thereon, except the forms of air cargo manifest, air passenger manifest, passenger card, and immigration instruction sheet for aircraft, shall be forms approved by the Commissioner of Customs, the Commissioner of Immigration and Naturalization, and the Surgeon General. The form of air cargo manifest shall be approved by the Commissioner of Customs. The forms of air passenger manifest, passenger card, and immigration instruction sheet for aircraft shall be approved by the Commissioner of Immigration and Naturalization.

(b) The forms described in §§ 6.8 and 6.9, except the air passenger manifest, passenger card, and immigration instruction sheet for aircraft may be obtained from collectors of customs upon prepayment by the owner or operator of the aircraft. A small quantity of each of such forms shall be set aside by collectors of customs for free distribution or official use.

The forms of air passenger manifest, passenger card, and immigration instruction sheet for aircraft may be obtained upon prepayment from the Superintendent of Documents, Government Printing Office, Washington, D. C. A small quantity of such forms shall be set aside by immigration officers in charge for free distribution and official The forms may be printed by private parties, provided the forms so printed conform to the official form in size, wording, arrangement, and quality and color of paper.

use.

(4) One copy of the general declaration and one copy of each attached air cargo manifest delivered to the customs officer shall be forwarded by him to the comptroller of customs above mentioned with appropriate notations thereon showing the disposition of the merchandise covered thereby. One copy of the general declaration delivered to the customs officer shall be retained by him as a record of the entry of the aircraft.

(5) With respect to transit crew and passengers, that is, such crewmen and passengers as do not move out of a special prescribed space at the airport or other place of landing, any and all copies delivered to the immigration officer, whether original or not, of the general declaration and attached air passenger manifests referred to in this section or in § 6.9 (e) (2) shall be returned by the immigration officer to the commander of the aircraft upon its departure from that airport or other place of landing, but this paragraph shall not apply in the mainland except with respect to an aircraft of a scheduled airline and such documents shall not be returned at the airport or place at which the last landing in such a case is made in the mainland. [Paragraphs (a), (b) and (c) amended]

(d) The provisions of section 466, Tariff Act of 1930, are applicable to any such aircraft of United States registry engaged in trade arriving in the United States, as defined in section 401 (k), Tariff Act of 1930, whether from a contiguous or noncontiguous foreign country, and a notation as to any equipment installed on any such aircraft or repairs made thereto in a foreign country shall be made in the aircraft journey log book, which shall set forth a general description of the equipment or repairs and a statement of the necessity therefor. The aircraft commander, on the first subsequent arrival of the aircraft in the United States, shall exhibit the journey log book to the customs officer at the port of arrival. Except as specified hereafter in this paragraph, such equipment and repairs shall be subject to entry and deposit of duty as prescribed by § 4.14 of this title. Entry and deposit of duty on such equipment or repairs shall not be required if (1) the aircraft belongs to a scheduled air line operating between the United States and foreign countries, (2) the aircraft commander executes and files with the entry of the aircraft an affidavit in the form set forth below, and

------

declare that the installation of equipment and making of repairs noted in the journey log book of such aircraft exhibited herewith were necessary by reason of stress of weather or other casualty occurring since last leaving the United States and were required to secure the safety and airworthiness of the aircraft in accordance with Civil Aeronautics Administration regulations to enable the aircraft to continue its scheduled flight; or that the equipment installed and materials used in making the repairs were of the growth, produce, or manufacture of the United States and the work incident to such installation or repairs was performed by the regular crew of the aircraft or by residents of the United States.

(Title or designation) [Paragraph (d) added, July 3, 1946, 11 F.R. 7661]

CODIFICATION: Prior to the amendment of § 6.8 (b) as set forth above, the last sentence in subparagraph (6) was amended to read "This requirement applies only to aircraft which arrive from outside the United States and for which information is not furnished in accordance with § 6.10", and the last two sentences of subparagraph (7) were deleted and "Additional facts as to each alien passenger shall be furnished on information sheets, except in the case of an alien passenger arriving from Mexico, Canada, Newfoundland, St. Pierre, or Miquelon, or arriving in travel between the mainland and Alaska, or arriving as a through passenger who is merely touching the area and is departing accordingly" was substituted in lieu thereof, by Regulation, Commissioner of Customs, July 24, 1946, 11 FR. 8078.