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OFFICE OF THE SECRETARY,
Washington, D. C., December 31, 1929. The following instructions are published for the information and guidance of customs officers and others concerned:
1. Decisions of the United States Customs Court adverse to the Government will, if not appealed from, take effect 60 days after their respective dates, except that decisions based on protests filed in Alaska and in the insular and other outside possessions of the United States will take effect 90 days after their respective dates, in accordance with section 198 of an act entitled, "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911. Entries covering the merchandise the subject of such decisions will be reliquidated in harmony therewith at the expiration of the period mentioned, except that entries covering merchandise the subject of decisions of said court which follow a given decision of the Court of Customs and Patent Appeals involving the same issue will be reliquidated immediately upon receipt of orders from the United States Customs Court.
2. Entries the subject of protests which have not been forwarded to the United States Customs Court, and which are covered in principle by a given decision of the Court of Customs and Patent Appeals, will be reliquidated in harmony with the said decision after 30 days have elapsed from the date thereof.
3. Unliquidated entries which involve issues covered by a given decision of the Court of Customs and Patent Appeals, and which would in ordinary course be liquidated within 30 days after the rendering of such decision, will be suspended until 30 days have elapsed from the date of such decision, and will then be liquidated in accordance with the principle laid down by the court.
4. In the absence of specific instructions from the department to the contrary, decisions of the United States Customs Court adverse to the Government, if appealed from by the department, will not result in any change of practice prior to the decision of the appeal by the Court of Customs and Patent Appeals.
5. Decisions of the Court of Customs and Patent Appeals adverse to the Government will become effective upon the issuing of orders by the United States Customs Court pursuant to the mandates of the Court of Customs and Patent Appeals. Entries covering the merchandise the subject of such decisions will be reliquidated only upon receipt of such orders.
A. W. MELLON,
Secretary of the Treasury. (IT)
(T. D. 43456)
Seamen's certificates of American citizenship Limited certificates may be issued to alien seamen to enable them to serve on
board merchant or fishing vessels of the United States or for purposes of protection
Washington, D. C., June 25, 1929. To Collectors of Customs and Others Concerned:
At the request of the Department of Commerce, attention is invited to the following general letter, No. 286 of the Commissioner of Navi. gation of the Department of Commerce, dáted March 26, 1929:
Under the provisions of section 4588, R. S., as amended, you are instructed to keep a book or books in which, at the request of any seaman being a citizen of the United States of America and producing proof of his citizenship, you shall enter the name of such seaman and shall deliver to him a certificate in the form provided by the statute.
1. It is the opinion of this department that the section cited above limits the right for a seaman's protection certificate provided for therein to a seaman who can produce proof of his citizenship. In the practical administration of this section, therefore, you should require, in the case of an American-born seaman, a birth certificate or other satisfactory evidence of such birth. In the case of an alien-born seaman, you should require his naturalization certificate, or the certificate of the parent through which naturalization citizenship was acquired.
2. While the above applies to the requirements of section 4588, R. S., as amended, and such certificate can be issued only to a citizen of the United States, this department sees no objection to the issue of a certificate to an alien seaman who has complied with the provisions of section 1 of the act of May 9, 1918, that such seaman who shall be described in the certificate as an alien is a citizen of the United States of America solely (a) for the purpose of serving on board & merchant or fishing vessel of the United States of more than 20 tons burden, or (b) for all purposes of protection.
The standard form of certificate should not be used in the issuance of limited certificates under the foregoing instruction. It is understood that a separate form will be furnished to collectors of customs by the Department of Commerce at an early date. (106808-1.)
Acting Commissioner of Customs. 61732—29FOL 56 1