Part

PART 22-TREATMENT OF MAIL MATTER RECEIVED FROM FOREIGN COUNTRIES INVOLVING THE CUSTOMS REVENUE

Sec.

22.12 Treatment of shipments not exceeding $100 in value. [Amended] 22.14 Forwarding after customs treatment. [Amended]

22.16 Postmasters to collect duty and forward same to customs officer. [Amended]

22.20 Failure of addressee to respond to notice. [Amended]

22.21 Articles liable to seizure. [Amended] SOURCE: §§ 22.12 to 22.21, appearing in this Supplement, contained in Regulations, Acting Secretary of the Treasury and Acting Postmaster General, Dec. 10, 1945, 10 F.R. 14904, except as noted following provision affected.

§ 22.12

Treatment of shipments not exceeding $100 in value.

(b) Immediately after customs treatment, all sealed articles (other than parcel post) except those which are opened in the presence of the addressee and delivered at the time of such opening, shall be securely repacked and resealed by a postal employee, in the presence of the customs employee who participated in the opening, so that the article will be in the same condition as when opened or in a better condition. Where practicable, each article shall be reenclosed in a special Post Office Department penalty envelope, readdressed and resealed by the postal employee. Articles too large to be enclosed in the special penalty envelope, as well as articles of nominal value, shall be resealed by the use of adhesive tape, mucilage, or wax, and the official adhesive seal of the Post Office Department. The postal employee shall sign or initial the envelope or wrapper covering each article repacked and re

sealed by him; and in case the article is found to be in bad order shall, after bringing the matter to the attention of the customs employee, note on the cover of the article over his signature, a report of the irregularity. [Paragraph (b) amended]

(c) When a sealed article (other than parcel post) believed to contain merchandise is not indorsed (or labeled) as required by § 22.8 (a), the postmaster at the exchange office of first receipt or at the distributing office to which the shipment has been redispatched in accordance with the special distribution scheme shall request the addressee to furnish written authority for a customs officer to open the article in the presence of a representative of the postmaster. Any such sealed article which is believed to contain merchandise and is not indorsed or labeled as required shall be detained by the postmaster until opened. However, if an addressee does not furnish such written authority within 30 days after the date of notice by the postmaster or within such further time as may be allowed, as set forth in § 22.20 (a), the article should be treated as undeliverable mail matter and disposed of as such. If the article upon being opened is found to contain merchandise free of internalrevenue tax and free of duty either because unconditionally free or because the aggregate value of the shipment is not more than $1 and the expense and inconvenience of collecting the duty accruing thereon would be disproportionate to the amount of such duty, the merchandise may be delivered to the addressee without the collection of any fine on account of the article not having been indorsed (or labeled) in accordance with § 22.8 (a). Except as provided above, if the article is found to contain merchandise subject to duty (including conditionally

free merchandise) or subject to internalrevenue tax, the merchandise is subject to seizure and forfeiture as having been imported contrary to law. Under the authority contained in section 618 of the Tariff Act of 1930, any forfeiture so incurred is hereby mitigated to an amount equal to 10 percent of the loss of revenue which was or might have been sustained, provided there is no evidence indicating to the collector that failure to label or indorse the article was due to willful negligence or to an intent to defraud the revenue. If there is any such evidence, or if for any other reason the collector believes that it would not be in the interest of the United States to grant this relief, the matter shall be reported to the Bureau of Customs for instructions. When the shipment does not exceed $100 in value, customs Form 3421 shall be used for the entry of the merchandise and the duty, any internal-revenue tax, and the amount of the mitigated forfeiture shall be entered as separate items thereon. If an article for which a mail fine entry has been issued in accordance with the foregoing provision is undeliverable, it shall be returned to the collector of customs at the port where the mail entry was issued, for disposition in accordance with § 22.21 (a)-(e) relating to articles subject to seizure. The addressee or the sender may file a petition with the collector of customs at the port where the mail fine entry was issued for relief from the forfeiture incurred and for the release of the seized merchandise to the addressee or the sender. (As to unindorsed sealed articles subjected to formal entry, see § 22.13 (d).) [Paragraph (c) amended]

readdressed penalty envelope securely attached to the parcel covered thereby, and notify the customs officer who issued the entry of his action. [Paragraph (f) amended Jan. 18, 1945, 10 F.R. 748]

§ 22.20 Failure of addressee to respond to notice.

CODIFICATION: In § 22.20, the reference "§ 22.21 (a)-(c)" in paragraphs (a) and (b) was changed to "§ 22.21 (a)-(e)", and the second sentence of paragraph (b) was deleted.

§ 22.21 Articles liable to seizure. (a) Articles arriving at a post office where no customs officer is located, and with respect to which the postmaster may have information as to their seizable character, shall be detained by the postmaster and, except when known or supposed to contain lottery matter, or found to contain contraceptive literature, shall be forwarded to the nearest customs officer for appropriate treatment under the customs laws and regulations. However, before any such article (other than parcel post) which is sealed but not indorsed (or labeled) as required by § 22.8 (a) is forwarded to the nearest customs officer, the postmaster shall detain the article and request the addressee to furnish written authority for a customs officer to open the article in the presence of a representative of the postmaster where the article is to be sent. If the addressee does not comply with such request within a period of thirty days, the article shall then be forwarded to the nearest customs officer. [Paragraph (a) amended]

(b) Except when known or supposed to contain lottery matter, or found to contain contraceptive literature, articles brought into the United States contrary to law and placed in the mails shall, upon the production to the postmaster or postal employee of satisfactory evidence to that effect, be marked "Imported contrary to law: Seizable." Unsealed articles in the regular mails which are not registered, and parcel post, when so marked, shall be delivered immediately to the nearest customs office to be treated as required by the customs laws and regulations. In the case of sealed articles and all registered articles (except parcel post) so marked but not indorsed (or labeled) as required by § 22.8 (a), before any such article is delivered to the nearest customs office, the postmaster shall detain the article and notify the addressee to

furnish written authority for a customs officer to open the article in the presence of a representative of the postmaster where it is to be sent. If the addressee does not comply with such request within a period of thirty days, the article shall then be forwarded to the nearest customs office. [Paragraph amended]

(b)

CODIFICATION: In § 22.21 (c), the words, "or contraceptive literature" were inserted im

mediately after the word "matter" within the parentheses, and the last sentence was deleted.

(e) Mail articles which, upon inspection or examination, are found to contain contraceptive literature shall be retained by the Postal Service or delivered to that service by the Customs Service, and submitted to the Solicitor of the Post Office Department for instructions as to disposition to be made thereof. [Paragraph (e) added]

Part

PART 4-SUPPLIES TO BE PROCURED BY THE PROCUREMENT DIVISION

Sec. 4.1

Exclusive procurement by Procurement
Division; commodities. [Amended]

§ 4.1 Exclusive procurement by Procurement Division; commodities.

(b) Motor trucks, truck-tractors and trailers. Motor trucks, truck-tractors and trailers, new, except for export and requirements of the War Department, Navy Department (including the Marine Corps and Coast Guard), U. S. Maritime Commission, Panama Canal, Coast and Geodetic Survey, Civil Aeronautics Administration, National Advisory Committee for Aeronautics and Office of Scientific Research and Development. [Paragraph (b) amended by Proc. Div. Circ. Letter B-20, Mar. 15, 1945, 10 F.R. 78121

(d) Wood, lumber, and timber. [Suspended]

CODIFICATION: In § 4.1, paragraphs (d), (e), and (1) were suspended, by Procurement Division Circular Letter B-21, Mar. 15, 1945, 10 FR. 7812.

(e) Electrical equipment, materials and supplies. [Suspended, see codification note to paragraph (d)]

(f) Machinery. [Suspended, see codification note to paragraph (d)]

(1) Electric fans. (1) Electric fans, new, excluding shipboard fans for the Navy Department and the U. S. Maritime Commission.

Part

4

201

301

(2) "Electric fan" means any propeller type fan designed for desk, pedestal, wall bracket, ceiling, or portable window mounting. It includes such fans whether completely assembled or assembled in knocked down form. It does not include any centrifugal fan or blower, propeller type attic fan, industrial propeller type exhaust fan or any fan which is a functional part of any equipment or device having a primary use other than ventilation. [Paragraph (i) amended by Proc. Div. Circ. Letter B-29, Nov. 30, 1945, 10 F.R. 14709]