the undersigned consignee expressly waives the right granted by section 484 (1), Tariff Act of 1930, to have this bill of lading returned.

(Sec. 484, 46 Stat. 722, as amended; 19 U.S.C. 1484)

§ 8.9 Entry without required invoice.

If an invoice required under § 8.15 is not available in proper form at the time of entry, the entry shall be accepted only if

(a) The collector is satisfied that the failure to produce the required invoice is due to a cause beyond the control of the person for whom the entry is tendered;

(b) Such person or his agent makes a written declaration that he is unable to produce such invoice and (1) files therewith a seller's or shipper's invoice, or (2) if no seller's or shipper's invoice is available, files therewith a statement of the value, or the price paid, in the form of an invoice; and

(c) Such person or his agent gives a bond on customs Form 7551 or 7553, or other appropriate form, for the production of the required invoice within 6 months from the date of entry of the merchandise."

(Sec. 484(b), 46 Stat. 722, as amended; 19 U.S.C. 1484(b))

§ 8.11 Invoice to be for single shipment; extracts from invoices.

(a) Except as provided for in § 8.12, a customs invoice shall not represent more than one distinct shipment of merchandise by one consignor to one consignee by one vessel or conveyance. If by reason of accident or short shipment a portion of the quantity covered by one invoice fails to arrive, or if for any other reason only a portion of the quantity covered by one invoice is entered under one entry, an extract from the special customs or commercial invoice used in connection with the first entry, covering the quantity to be entered under another

12 "The Secretary of the Treasury shall provide by regulation for the production of a certified invoice with respect to such merchandise as he deems advisable and for the terms and conditions under which such merchandise may be permitted entry under the provisions of this section without the production of a certified invoice." (Tariff Act of 1930, sec. 484 (b), as amended; 19 U. S. C. 1484 (b))

entry, may be used in connection with the subsequent entry of any portion of the merchandise not cleared under the first entry. However, an extract from the invoice filed with the first entry for consumption from a foreign-trade zone of a portion of the merchandise shown on the invoice will not be required for any subsequent entry for consumption from that zone at the same port of a portion of the merchandise covered by such invoice, if a pro forma invoice is filed and identifies the entry first made and the invoice then filed.

(b) When portions of a single shipment requiring a special customs or commercial invoice are entered at different ports, the importer may request the collector for the port where the invoice is on file or, if a certified extract or extracts of such invoice have been issued, the collector for the port where an extract was last issued, to prepare and certify an extract of the invoice or an extract of the extract of the invoice, as the case may be. The certified extract shall be delivered to the importer by the collector after the official seal is affixed thereto. The certified extract shall show all the invoice data for all merchandise covered by the invoice or extract but not included in the entry made at the port of certification. An extract from a special customs or commercial invoice presented within the bonded period may be accepted to cancel the bond given for the production of a certified or commercial invoice. In cases where a portion of a shipment is entered at the first port on a pro forma invoice, entries at each subsequent port shall be made by means of a new pro forma invoice for only the merchandise entered. An extract from an invoice shall be identified thereon in substantially the following form:

The extract shall be prepared in duplicate and the duplicate shall be attached to the original invoice or to the last prior extract.

(c) Bona fide installment shipments may be covered by one invoice in accordance with § 8.12 and any bona fide installment valued at not more than $250 may be entered on an informal entry in accordance with § 8.51. The consolidation of separate shipments in one invoice or the splitting up of an importation into small lots, each valued at not more than $500, to avoid special customs invoice requirements shall not be permitted.

§ 8.12 Invoices for installment shipments arriving within a period of 7 days; entry.

(a) Installments of a shipment covered by a single order or contract and shipped from one consignor to one consignee may be included in one invoice if the installments arrive at the port of entry by any means of transportation within a period of not to exceed 7 consecutive days.

(b) If the required invoice is not filed with the first entry of the installment series, a pro forma invoice shall be filed with each entry made before the required invoice is produced and a bond shall be given, or charge against a term bond made, for the production of the required invoice. Liquidated damages will accrue in the case of each entry if more than 6 months expires without the production of an invoice for such entry.

(c) The invoice shall be prepared in the manner provided for in section 481 (a), Tariff Act of 1930, and § 8.13, and, when practicable, shall show the quantities, values, and other invoice data with respect to each installment and the date of shipment of each installment and shall give the car number or other identification of the importing conveyance in which it was shipped.

(d) In regard to the application of the informal entry procedure to installment shipments, see § 8.51.

§ 8.13 Contents of invoices; incomplete invoices; general requirements supplemented.

(a) Every special customs invoice of merchandise to be imported into the United States shall set forth the information required by section 481(a), Tariff

Act of 1930 13 and shall state in adequate detail what merchandise is contained in each individual package. Such information shall be included in or attached to the special customs invoice.

18 All invoices of merchandise to be imported into the United States shall set forth

"(1) The port of entry to which the merchandise is destined;

"(2) The time when, the place where, and the person by whom and the person to whom the merchandise is sold or agreed to be sold, or if to be imported otherwise than in pursuance of a purchase, the place from which shipped, the time when and the person to whom and the person by whom it is shipped;

"(3) A detailed description of the merchandise, including the name by which each item is known, the grade or quality, and the marks, numbers, or symbols under which sold by the seller or manufacturer to the trade in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed;

"(4) The quantities in the weights and measures of the country or place from which the merchandise is shipped, or in the weights and measures of the United States;

"(5) The purchase price of each item in the currency of the purchase, if the merchandise is shipped in pursuance of a purchase or an agreement to purchase;

"(6) If the merchandise is shipped otherwise than in pursuance of a purchase or an agreement to purchase, the value for each item, in the currency in which the transactions are usually made, or, in the absence of such value, the price in such currency that the manufacturer, seller, shipper, or owner would have received, or was willing to receive, for such merchandise if sold in the ordinary course of trade and in the usual wholesale quantities in the country of exportation;

"(7) The kind of currency, whether gold, silver, or paper;

"(8) All charges upon the merchandise, itemized by name and amount when known to the seller or shipper; or all charges by name (including commissions, insurance, freight, cases, containers, coverings, and cost of packing) included in the invoice prices when the amounts for such charges are unknown to the seller or shipper;

"(9) All rebates, drawbacks, and bounties, separately itemized, allowed upon the exportation of the merchandise; and

"(10) Any other facts deemed necessary to a proper appraisement, examination, and classification of the merchandise that the Secretary of the Treasury may require." (Tariff Act of 1930, sec. 481 (a); 19 U. S. C. 1481 (a))

(c) In the case of merchandise valued at over $500, the collector shall reject special customs invoices or commercial invoices for commodities not requiring special customs invoices which are not executed in accordance with the regulations in this part, but entry may be made on a pro forma invoice containing sufficient data for classification and appraisement purposes and a bond taken for the production of a correct special customs or commercial invoice, as the case may be.

(d) When any of the component materials of an imported article affects its classification or appraisement, the invoice shall set forth an analysis of the article or the formula under which it was manufactured or produced, stating the component materials contained in the article and the percentage of each, if such percentage is known.

(e) Whenever it shall be determined by the appraising officer that information as to the cost of production or constructed value is necessary in the appraisement of any class or kind of merchandise, the importer shall be notified by the appraiser and thereafter invoices covering shipments of such merchandise shall contain a verified statement by the manufacturer or producer as to the cost of production or constructed value, as defined in section

18

14 "If the merchandise is shipped to a person in the United States by a person other than the manufacturer, otherwise than by purchase, such person shall state on the invoice the time when, the place where, the person from whom such merchandise was purchased, and the price paid therefor in the currency of the purchase, stating whether gold, silver, or paper." (Tariff Act of 1930, sec. 481 (b); 19 U.S.C. 1481(b).)

15 "Under such regulations as the Secretary of the Treasury may prescribe, the collector or the appraiser may require a verified statement from the manufacturer or producer showing the cost of production of the imported merchandise, when necessary to the appraisement of such merchandise." (Tariff Act of 1930, sec. 484(g); 19 U.S.C. 1484(g))

402a(f) or 402(d), Tariff Act of 1930, as amended.

(f) All invoices shall set forth in detail, with respect to each class or kind of merchandise covered thereby, every discount from list or other base price which has been or may be allowed in fixing each purchase price or value set forth therein.

(g) If the invoice or entry does not disclose the weight, gauge, or measure of merchandise required to be weighed, gauged, or measured in order to ascertain the duties thereon, the consignee shall pay the expense of weighing, gauging, or measuring prior to the release of the merchandise from customs custody."

15a

(h) Under section 481(a) (10) of the tariff act, additional information shall be furnished on or with special customs or commercial invoices for the following classes of merchandise in accordance with the requirements indicated for each class:

Aluminum and alloys of aluminum classifiable under items 618.02, 618.04, 618.06 or 618.10, Tariff Schedules of the United States (T.D. 53092, 55977, 56143)-(1) Statement of the percentages by weight of any metallic element used as an alloy in the articles.

Beads (T.D. 50088, 55977)—(1) The length of the string, if strung; (2) the size of the beads expressed in millimeters; (3) the material of which the beads are composed, i.e., ivory, glass, imitation pearl, etc.

Boots, shoes, or other footwear (including athletic or sporting boots and shoes), wholly or in part of leather (T.D. 51029)— (1) Statement whether or not the articles were sewed or stitched by the process or method known as McKay.

Braids, nonelastic, and other nonelastic braided materials suitable for making or ornamenting headwear, classifiable under item 703.80 or 703.85 (T.D. 49501, 52020, 52114, 55977)—(1) A statement as to whether or not the article has been bleached or colored.

Colors, dyes, stains and related products classifiable under the provisions of schedule 4, part 1C, Tariff Schedules of the United States, except item 406.80 (T.D. 53593, 53688)—(1) The specifications set forth in "Schedule A" of § 14.5(n) of these regulations are required to be furnished with each

15a "In all cases in which the invoice or entry does not state the weight, quantity, or measure of the merchandise, the expense of ascertaining the same shall be collected from the consignee before its release from customs custody." (Tariff Act of 1930, sec. 494; 19 U.S.C. 1494)

invoice of these products on separate sheets of paper under the conditions which follow and with the exceptions noted:

(a) The information is not required for second and sucessive shipments of identical merchandise of the same name and strength if a reference is given to the date and the port of entry of the first shipment.

(b) The information specified in items 10 through 15 is required only when the Schultz number, item 7, the colour index number, item 8, and U.S. standard number, item 9, are not given.

(c) The following is substituted for items 4 and 5:

4. Name(s) under which sold in country of production.

5. Name(s) of comparable American made product with name of U.S. manufacturer (if none or unknown, so state).

Copper, articles classifiable under the provisions of schedule 6, part 2C, Tariff Schedules of the United States (T.D. 45878, 50158, 55977)-(1) A statement of the weight of articles of copper and a statement of percentage of copper content by weight of articles dutiable on their copper content.

Copper bearing ores and concentrates classifiable under items 602.25, 602.30, 602.31, 603.50, 603.55 or 603.65 (T.D. 45878, 50158, 55977)-(1) Statement as to the weight of the article and the weight of the copper content.

Cotton fabrics classifiable under the following items of the Tariff Schedules of the United States; schedule 3, part 1A-Cotton: items 301.60 through 301.98, and items 302.--, and 303.20; schedule 3, part 3AWoven fabrics of cotton; all items except items 332.10 and 332.40; schedule 3, part 6AHandkerchiefs; items 370.24 through 370.68; schedule 3, part 6B-Mufflers, etc.; item 372.15; schedule 3, part 6C-Hosiery; item 374.40; schedule 3, part 6E-Underwear; item 378.15 (T.D. 49803, 55977)—(1) Marks on shipping packages; (2) numbers on shipping packages; (3) date of acceptance of the order by the seller; (4) customer's call number, if any; (5) manufacturer's marks, numbers, on symbols under which the merchandise is sold in the home market; (6) exact width of the merchandise; (7) detailed description of the merchandise; trade name, if any; whether bleached, unbleached, printed, dyed, or colored; if composed of cotton and other materials, state chief value first and give percentage (value) of each component; (8) number of single threads per square inch (All ply yarns must be counted in accordance with the number of single threads contained in the yarn; to illustrate, a cloth containing 100 two-ply yarns in one square inch must be reported as 200 single threads); (9) exact weight per square yard, in ounces; (10) average yarn number (use this formula):

(11) yarn size or sizes in the warp; (12) length of staple of the cotton in the warp; (13) yarn size or sizes in the filling; (14) length of the staple of the cotton in the filling; (15) number of colors or kinds (different yarn sizes or materials) in the filling; (16) net weight per square yard of the cotton contained therein having a staple 1% inches or more in length; (17) net weight per square yard of the cotton contained therein having a staple less than 1% inches in length; (18) how the cloth was woven (if on plain loom without attachment, indicate (plain); if with eight or more harnesses (0/8H), if with Jacquard (Jacq), if with Swivel (Swiv), if with Lappet (L.pt)). Customs Form 5519 is acceptable for furnishing the additional information required above.

Cotton raw-See § 13.17 of these regulations for additional information required on invoices.

Cotton waste (T.D. 50044)—(1) The name by which the cotton waste is known, such as "cotton card strips"; "cotton comber waste"; "cotton lap waste"; "cotton silver waste"; "cotton roving waste"; "cotton fly waste";

Average yarn number;

etc.; (2) whether the length of the staple of the cotton from which any cotton card strips covered by the invoice were made is less than 1316 inches or is 16 inches or more; (3) whether the length of the staple of the cotton from which any cotton comber waste covered by the invoice was made is less than 116 inches or is 116 inches or more.

Earthenware or crockeryware composed of a nonvitrified absorbent body (including white granite and semiporcelain earthenware and cream-colored ware, stoneware, and terra cotta, but not including common brown, gray, red, or yellow earthenware), embossed or plain; common salt-glazed stoneware; stoneware or earthenware crucibles; Rockingham earthenware; china, porcelain, or other vitrified wares, composed of a vitrified nonabsorbent body which, when broken, shows a vitrified, vitreous, semivitrified, or semivitreous fracture; and bisque or parian wares (T.D. 53236)—(1) If in sets, the kinds of articles composing each kind of set, and the quantity of each kind of article in each set in the shipment; (2) the exact maximum

diameter, expressed in inches, of each size of all plates in the shipment; (3) the unit value for each style and size of plate, cup, saucer, or other separate piece in the shipment.

Fish or fish livers imported in airtight containers classifiable under schedule 1, part 3C, Tariff Schedules of the United States (T.D. 50724, 49640, 55977)—(1) Statement whether the articles contain an oil, fat, or grease which has had a separate existence as an oil, fat, or grease; (2) The name and quantity of any such oil, fat, or grease.

Flax, hemp, and ramie fabrics and articles classifiable under the following items of the Tariff Schedules of the United States: 335.80, 335.90, 355.55, 356.25, 356.70, 356.80, 363.35, 366.30, 366.33, 366.36, 366.48, 366.81, 370.72, 370.76, or 370.80, and tablecloths, table scarves, and table doilies classifiable under items 366.51, or 366.84 (T.D. 50083, 55977, 56503)-(1) Customer's call number, if any; (2) manufacturer's name and the manufacturer's marks, numbers, or symbols under which the merchandise is sold in the home market; (3) exact width of the merchandise if in the piece, otherwise the size; (4) if composed of cotton and other materials, state chief value first and give percentage (value) of each component. State also the finish of the fabric or article, e.g., "loom state", "bleached", "commercial or vat dyed"; (5) actual number of threads contained in the fabric per square inch, in condition exported. Each thread is counted as one whether or not such thread contains two or more single strands of yarn twisted to make a complete thread. To illustrate, a cloth containing 100 two-ply yarns per square inch must be reported as 100 threads; (6) exact weight per square yard, in ounces; (7) whether "hand hemmed," "machine hemmed," "unhemmed," or "in piece." Customs Form 5519 is acceptable for furnishing the additional information required above. Footwear; classifiable under Schedule 7, Part 1 A, Tariff Schedules of the United States

(1) The importer's number (if any). (2) The manufacturer's number under which the merchandise is sold in the home market.

(3) A detailed description of the merchandise.

(4) Category as listed below:
(a) Huaraches.

(b) McKay-sewed footwear

(c) Moccasins.

(d) Turn or turned footwear.

(e) Welt footwear.

(f) Footwear with molded soles laced to uppers.

(g) Slippers.

(h) Soled moccasins.

(i) Cement footwear.

(1) Soft sole footwear. (k)

Stitchdown footwear. (1) Footwear with soles

vulcanized to

uppers or with soles simultaneously molded and attached to uppers.

(m) Other footwear than listed (a) to (1). (5) Materials of sole.

(6) Material of chief value of sole. (7) Materials of upper.

(8) Material of chief value of upper.

(9) Material of chief value of shoe. If the shoe is composed essentially of rubber, state the percent by value of material and percent by value of synthetic rubber (if any).

(10) (a) Percentage of weight of entire shoe for fibers; (b) Percentage of weight of entire shoe for rubber; (c) Percentage of weight of entire shoe for plastics.

:

(11) Percentage of area of materials of exterior surface of upper.

(12) Gender as listed below:

(a) Footwear for men.

(b) Footwear for youths and boys.
(c) Footwear for women.
(d) Footwear for misses.
(e) Footwear for children.
(f) Footwear for infants.
(13) Type as listed below:
(a) Athletic footwear.
(b) Work footwear.
(c) Ski boots.

(d) Casual footwear.

(e) Other types of footwear. (14) Height of footwear:

(a) Oxford height.

(b) Other height.

(15) The number of pairs of each number shipped.

(16) The unit price per pair in the currency of purchase.

(17) The total value for quantity invoiced. Discount, if any, may be deducted at foot of invoice.

(18) If such (the same) or similar merchandise is sold, at wholesale, for home consumption, the current unit price in home currency.

Customs Form 5523 may be used for furnishing the additional information required above.

Fur products and furs (T.D. 53064)-(1) Name or names (as set forth in the Fur Products Name Guide (16 CFR 301.0) of the animal or animals that produced the fur, and such qualifying statements as may be required pursuant to section 7(c) of the Fur Products Labeling Act (15 U.S.C. 69e (c)); (2) a statement that the fur product contains or is composed of used fur, when such is the fact; (3) a statement that the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; (4) a statement that the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (5) name