(10032.) Circular.-Free entry of immigrants' teams, etc. TREASURY DEPARTMENT, May 23, 1890. To Collectors and other Officers of the Customs : On entries of teams of animals, their tackle, harness, and wagons, or other vehicles, for which exemption from duty is claimed under the provisions of T. I., 642, immigrants will be required to produce, in addition to the evidence prescribed by article 395 of the General Regulations of 1884, a declaration sworn to before a United States consular officer, specifying the number and kind of the animals and articles, and stating that the same are owned by the affiant, and are or will be used for the purpose of immigration, and that they are not brought into this country for sale. (10033.) WILLIAM WINDOM, Secretary. Bonds for return of unexamined packages. TREASURY DEPARMENT, May 23, 1890. SIR Referring to your letter of the 28th ultimo, relative to the question raised by Mr. W. F. Thomas, attorney for Mr. Claus Spreckels, as to whether or not an entry indorsed on a bond for the return of unexamined packages, under article 357 of the General Regulations, should be considered as canceled when such entry has been closed by due liquidation without any breach of the conditions of the bond, I inclose herewith a copy of an opinion, obtained under date of the 20th instant, from the Solicitor of the Treasury, which leads to the conclusion that the question should be decided in the affirmative, as urged by Mr. Thomas. The Department concurs with the Solicitor in the above conclusion, and you are hereby authorized to adjust your practice accordingly. Respectfully yours, GEORGE C. TICHENOR, COLLECTOR OF CUSTOMS, Philadelphia, Pa. DEPARTMENT OF JUSTICE, Washington, D. C., May 20, 1890. SIR: I have considered the question presented by the letter of Mr. Tichenor, Assistant Secretary of the Treasury, of the 1st instant, relative to the continuing liability of obligors for the penalty of bonds given under article 357 of Customs Regulations for the return, etc., of unexamined packages. By that regulation, and for the convenience of importers who have frequent entries and who desire to avail themselves of the permission given by section 2899, R. S., a separate bond is prescribed, running for a term of six months. This bond is required to be given in an arbitrary amount as a penalty, and the condition is for the faithful delivery or return to the collector or his order of each and every unexamined package at any time within six months-the life-time of the bond in question or in lieu thereof to pay to the proper collecting officer double the estimated value of the package. There is a further provision inserted in the bond that the obligors agree that the collector shall indorse on the same the estimated value of each importation as made, and the date thereof, and that the penalty shall be held to be double the value of each importation as made and indorsed, and that the value of the importation, where there is no violation of the conditions of the bond, shall not in any way affect the liability in those cases where there shall be a violation thereof. The question here arises, on the complaint of Mr. Claus Spreckels, that an erroneous interpretation is given by the collector at Philadelphia of article 357, Customs Regulations, inasmuch as he declines to consider an entry so indorsed to be canceled when the same has been closed by due liquidation without any breach of the conditions of the bond. For instance, a bond is given in the penalty of $500,000, having six months to run. Before the time expires the estimated values of different entries indorsed aggregate the amount of that penalty. But in the interval, by reason of completion of appraisements and liquidations, some of these indorsements become innocuous. Hence it is urged that these importations should be disregarded; that is, they should not be allowed to diminish or exhaust the penalty pro tanto. This is stated to be in accordance with the practice at San Francisco, but at variance with that at Philadelphia. The regulation was made in the year 1857, and has since been maintained without objection, for the convenience of importers whose entries are frequent and whose business demands are exacting. Under it they are able to obviate the necessity of giving a separate bond with each entry. I can see no valid objection to urge against the contention of Mr. Spreckels. The terms of the bond, which is a voluntary one, seem to admit of the practice for which he contends, and for this the sureties stipulate in these words: "And that the value of the importation, where there is no violation of the conditions of this bond, shall not in any way affect the liability in those cases where there shall be a violation thereof." Very respectfully, W. P. HEPBURN, Solicitor. Hon. WILLIAM WINDOM, Secretary of the Treasury. (10034.) Invoice value of goods forwarded by immediate-transportation entry on proforma invoice (Synopsis 9742). : TREASURY DEPARTMENT, May 23, 1890. SIR Referring to Department's decision of November 27, 1889 (Synopsis 9742), relative to the allowance of immediate-transportation entries on pro forma invoices, I have to state that the Department is in receipt of a complaint from Messrs. J. W. Hampton, jr., & Co., of your port, that collectors at ports in the interior, where said merchandise arrives under immediate-transportation entry as aforesaid, refuse to allow entry on any other value than that named in the entry, notwithstanding that the consular invoice (subsequently procured) may show a value less than that expressed in the pro forma invoice. The matter has been given careful consideration, and an opinion thereon obtained from the Solicitor of the Treasury, who expresses the view that "as the permission to forward, under immediate-transportation entry, on presentation of a pro forma invoice is an indulgence to the importer, and as the pro forma invoice is in such cases allowed in the place of the regular certified invoice, it should have all the completeness of the consular invoice which it represents, and for which it is a substitute, and should have also the like effect and be treated as equally expressive of the value and alike binding upon the owner, importer, or consignee." "If, therefore, the owner, importer, or consignee elects to present a pro forma invoice in order to avail himself of an entry for immediate transportation, and to facilitate the forwarding of his goods, he can not be allowed to ignore the value so declared, as to which he is supposed to have knowledge, because perchance the consular invoice shall express a lower valuation." This is in accordance with the views and principles governing Department's decisions, Synopses 9143 and 9544, and the rule laid down in article 329 of the Regulations of 1884, and no relief can therefore be afforded by the Department in cases of the character referred to in the complaint. Respectfully yours, (4657 f.) GEORGE C. TICHENOR, Assistant Secretary COLLECTOR OF CUSTOMS, Philadelphia, Pa. (10035.) Approving bonds of Southern Pacific Company as a common carrier. TREASURY DEPARTMENT, May 24, 1890. SIR: The Department has received your letter of the 14th instant, transmitting the bond in duplicate of the Southern Pacific Company as a common carrier for the transportation of dutiable appraised merchandise, said bond being in lieu of that of the company named, approved October 1, 1885; also the bond in duplicate for constituting said company a common carrier for the transportation of unappraised merchandise in bond from your port. The bonds are hereby approved, and one copy of each is herewith inclosed, to be placed upon the files of your office. You will note the fact and date of the rebonding of the company upon the copy of the bond for the transportation of appraised goods approved, as above stated, October 1, 1885, now filed in your office, and retain the same in your possession without cancellation. Under its bonds the Southern Pacific Company is authorized to transport appraised merchandise between any places in the United States which have been or may be hereafter designated by law as ports of entry or delivery, in suitable cars or vessels owned or controlled by it and running over such connecting lines or routes as may be necessary to reach the port or ports of destination named in the entry and manifest in each particular case. Transportation of unappraised merchandise by said company is authorized from the port of New York to the ports of New Orleans, La.; Memphis, Tenn.; Galveston, Texas; San Francisco, Cal., and to such other ports as have been or may be hereafter designated by law as ports to which such merchandise may be transported in the following manner, viz: In suitable railroad cars or vessels owned or controlled by the Southern Pacific Company, and running over any or all of the following-named lines of railroad or water routes, viz: Morgan's Louisiana and Texas Railroad and Steamship Company; Louisville and New Orleans and Texas Railroad; Louisiana Western Railroad; Gulf, Colorado and Santa Fé Railroad; Texas and New Orleans Railroad; Gulf, Western Texas and Pacific Railroad; Galveston, Houston and Henderson Railroad; Houston and Texas Central Railroad; Texas Central Railway; New York, Texas and Mexican Railway; Rio Grande Railroad; California Southern Railroad; Galveston, Harrisburg and San Antonio Railway; Southern Pacific Railroads of New Mexico, Arizona, and California Central Pacific Railroad; Oregon and California Railroad; Illinois Cen tral Railroad; Oregon Railway and Navigation Company; Denver, Texas and Fort Worth Railroad; Fort Worth and Denver City Railroad; Denver, Texas and Gulf Railroad, and in the vessels of the Morgan's Louisiana and Texas Railroad and Steamship Company and of the Anchor line of steamers of the Mississippi River, and over such other railroads and water routes as may be hereafter specially authorized and designated by the Secretary of the Treasury, provided that in all cases where other railroads and water routes are so authorized and designated the written consent thereto of the sureties on the bond shall first be filed with said Secretary. In every instance where other cars or vessels than those owned by said Southern Pacific Company are used such cars or vessels shall be distinctly marked "Southern Pacific Company." Respectfully yours, GEORGE C. TICHENOR, Assistant Secretary. COLLECTOR OF CUSTOMS, New York. (10036.) Entry must be sworn to before the collector at port of arrival by owner, agent, or consignee-Collectors can not act as agents for non-resident owners, etc. TREASURY DEPARTMENT, May 24, 1890. SIR: The Department duly received your letter of the 9th instant, inclosing invoice and letter in the matter of the application of Messrs. G. W. Sheldon & Co., of Chicago, for the delivery of certain merchandise, which it is understood has arrived at your port under immediate transportation entry from San Francisco, consigned by the bill of lading to the First National Bank of Chicago. It appears that the applicants have sent you through the mails a consumption entry for the goods sworn to by a member of the firm of Haynes & Tracy, of Chicago (the parties named in the invoice as the consignees of the goods), before a deputy collector at Chicago, together with the bill of lading indorsed by the First National Bank of Chicago, and a check for the duties and freight, and that they request you to clear the goods from the custom-house and deliver them to a certain railway company. You request instructions as to the course to be pursued by you under the circumstances, and in reply you are informed that the application |
