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GRAIN FROM CANADA TO BE GROUND AND RETURNED

Art. 237. When exempt from duty.-United States Code, title 19, section 193:

Grain brought into the United States in wagons or other ordinary road vehicles, by farmers residing in the Dominion of Canada, to be ground by mills owned by citizens of the United States, shall not be deemed to be imported or liable to import duties. Such grain shall be brought into the United States under such regulations as the Treasury Department may prescribe to prevent fraud and evasion, and shall be returned as in like manner provided by such regulations. Entry shall be made of and duties paid upon all such grain as shall be taken or received by mill owners as tolls for such grinding, under like regulations provided by the Treasury Department. (Jan. 9, 1883, c. 17, 22 Stat. 402.)

T. D. 38999. Art. 238. Deposit of duties-Refunds.—In cases where the mill at which such grain is to be ground is not located at a port of entry, a deposit of the duties on such grain shall be taken, such deposit to be refunded upon receipt of the sworn statement of the owner of the mill that the said grain has been received at the mill, and evidence satisfactory to the collector that the product of the grinding thereof, less the toll, has been returned to Canada.

Art. 239. Citizenship-Accounts—Sworn statements.A statement from the owners of the mill, showing that they are citizens of the United States, must be filed with the collector. An account will be kept by the miller, in a proper register, to be open to inspection by any customs officer, showing the name of the farmer bringing any such grain to the mill, the nature of the grain, the date of its receipt by him and of its delivery, the quantity received at the mill, the quantity of flour delivered to the farmer, and the quantity of grain taken as tolls for grinding. The miller will produce a sworn statement of such quantities at the end of each month to the collector, and shall then enter the grain received as tolls and pay the duties due thereon.

Art. 240. Exportation-Mixing.-Duties must be paid on any grain, or manufactures thereof, not removed from the mill for transportation to Canada within one month from the date of its receipt by the miller. Such grain may be mixed, provided the entire product of the grinding be returned to Canada, with the exception of the tolls and other portions on which duty has been paid.

BUILDINGS ON BOUNDARY

Art. 241. Merchandise deposited therein-PenaltySearch of Procedure.-(a) Tariff act of 1930, section 596:

Any person who receives or deposits any merchandise in any building upon the boundary line between the United States and

any foreign country, or carries any merchandise through the same, or aids therein, in violation of law, sball be punishable by a fine of not more than $5,000, or by imprisonment for not more than two years, or both.

(6) Tariff act of 1930, section 595:

If any collector of customs or other officer or person authorized to make searches and seizures shall have cause to suspect the presence in any dwelling house, store, or other building or place of any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States contrary to law, he may make application, under oath, to any justice of the peace, to any municipal, county, State. or Federal judge, or to any United States commissioner, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise: Provided, That if any such house, store, or other building, or place in which such merchandise shall be found, is upon or within ten feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken down or removed.

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(c) When any merchandise on which the duty has not been paid or which was imported contrary to law is found in any building upon or within 10 feet of the boundary line, the collector shall give notice to the owner of such building to take down or remove the same under pain of legal proceedings to that end. Should the building in question be not promptly taken down or removed the collector shall, through the United States attorney, apply to the United States district court for the issuance of an order directed to the owner of the building to show cause why the same should not be taken down or removed and for authority to take down or remove such building, and upon the receipt of proper authority from the court, the collector shall cause such building to be taken down or removed.

(d) All unpatented public lands of the United States lying within 60 feet of the boundary line of the United States and the Dominion of Canada and within 60 feet of the boundary line between the United States and Mexico have been set apart as a public reservation.

T. D. 29091. 35 Stat. 2136.

AIR COMMERCE

Art. 242. Regulation and supervision.—United States Code, title 49, section 177 (b), (c) and (d); tariff act of 1930, section 644:

(b) The Secretary of the Treasury is authorized to (1) designate places in the United States as ports of entry for civil aircraft arriving in the United States from any place outside thereof and for merchandise carried on such aircraft, (2) detail to ports of entry for civil aircraft such officers and employees of the customs service as he may deem necessary, and to confer or impose upon any officer or employee of the United States stationed at any such port of entry

(with the consent of the head of the Government department or other independent establishment under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the customs service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs and public health laws to such extent and upon such conditions as he deems necessary.

(c) The Secretary of Commerce is authorized by regulation to provide for the application to civil aircraft of the laws and regulations relating to the entry and clearance of vessels to such extent and upon such conditions as he deems necessary.

(d) The Secretary of Labor is authorized to (1) designate any of the ports of entry for civil aircraft as ports of entry for aliens arriving by aircraft, (2) detail to such ports of entry such officers and employees of the Immigration Service as he may deem necessary, and to confer or impose upon any employee of the United States stationed at such port of entry (with the consent of the head of the Government department or other independent establishment under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the Immigration Service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the immigration laws to such extent and upon such conditions as he deems necessary.

Sec. 644. The authority vested by section 7 of the Air Commerce Act of 1926 in the Secretary of the Treasury, and in the Secretary of Commerce, by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of customs, and of the laws and regulations relating to the entry and clearance of vessels, respectively, shall extend to the application in like manner of any of the provisions of this Act or of any regulations promulgated hereunder.

Art. 243. Definitions.-As used in articles 244 to 254 of these regulations:-(a) The term “United States," when used in a geographical sense, means the territory comprising the several States, Territories, and possessions of the United States (except the Philippine Islands, American Samoa, and the island of Guam), and the District of Columbia, including the territorial water thereof and the overlying air space;

(6) The term “foreign port or place” means any port or place outside the United States as above defined;

(c) The term “aircraft” means “civil aircraft” as defined in section 9 of the air commerce act of 1926;

(d) The term "airport of entry” means a place designated by the Secretary of the Treasury as a portof entry for civil aircraft, so long as such designation remains in force.

Art. 244. Landing at airports of entry-Requirement.Except in the case of forced landings aircraft arriving in the United States from any foreign port or place shall make the first landing at an airport of entry, unless permission to land elsewhere than at an airport of entry is first obtained from the Commissioner of Customs, and in such cases the owner or person in charge of the aircraft

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shall pay the additional expenses, if any, incurred in inspecting the aircraft, merchandise, passengers, and baggage carried therein.

Art. 245. Advance notice of arrival.—The person in charge of any aircraft about to depart for the United States from a foreign port or place shall give notice of the intended flight to the collector of customs for the district in which is situated the intended place of first landing in the United States. Such notice shall specify the type of aircraft, the markings thereon, the name of the person in charge, the intended landing place and the estimated time of arrival, and shall be sent in sufficient time and by such means as to enable the officer designated to inspect the aircraft to reach the landing field prior to the arrival of the aircraft. Except in the case of a forced landing, no aircraft from a foreign port or place shall land in the United States unless notice shall have been sent in accordance with this article, nor make its first landing in the United States at any place other than that specified in such notice. Such advance notice will not be required in the case of an aircraft making a flight in accordance with a regular schedule filed with the collector for each district in which a landing is to be made.

Art. 246. Report of arrival-Manifest.-The person in charge of any aircraft arriving from a foreign port or place shall immediately report his arrival to the customs officer at the airport of entry or other place of first landing in the United States, and, if such aircraft shall have on board any merchandise or baggage, or, in the case of an aircraft of the United States, shall have been repaired abroad, the person in charge shall produce to such customs officer a manifest in duplicate on customs Form 7533, signed by such person under oath as to the truth of the statements therein contained, one copy of which shall be immediately forwarded to the comptroller. Customs Form 5119 may be used if the merchandise does not exceed $100 in value. No such aircraft shall, without receiving permission therefor from such customs officer, depart from the airport or other place of first landing, or discharge any merchandise, passengers, or baggage.

Art. 247. Forced landing-Report of. Should any aircraft arriving from a foreign port or place make a foreed landing in the United States, the person in charge of such aircraft shall not permit any merchandise or baggage to be removed therefrom or any passengers to depart from the landing place during the period of the forced landing (except as may be necessary for purposes of safety or preservation), unless permission has been obtained from a customs officer for such removal or departure. The person in charge shall, if possible, proceed with such aircraft, after servicing and minor repairs, to the intended place of first landing or to an airport of entry or any customs port of entry, where a full report of the circumstances of the flight and forced landing shall be made. If it is impossible so to proceed, the person in charge of the aircraft shall at once make such report to the nearest customs officer. If the person in charge of the aircraft is disabled, the report shall be made by the owner of the aircraft or by any mechanic or other employee able to do so. Mail, carried as such, may be removed from any aircraft upon making a forced landing, but, if so removed, shall at once be delivered to a responsible officer or employee of the Postal Service.

Art. 248. Immigration and public health requirements.(a) All passengers carried on aircraft arriving in the United States shall be reported to the proper immigration officer.

(6) Any aircraft clearing from or leaving any foreign port or place or from any port or place in the possessions or other dependencies of the United States for a port or place in the United States or its possessions or other dependencies, shall be required to obtain a bill of health, in duplicate, signed by the proper officer or officers of the United States as provided for by law (except as provided for in paragraph 3 of the United States Quarantine Regulations); provided that aircraft may be exempted from obtaining bills of health except during the prevalence of any of the quarantinable diseases at such foreign port or place, or at such port or place in the possessions or other dependencies of the United States.

Art. 249. Inspection--Payment of duty-Forwarding in bond.-(a) Unless forwarded in bond, all merchandise and baggage imported or brought into the United States by aircraft shall be unladen (if necessary) in the presence of and be inspected by a customs officer at the customs airport where the first landing is made, where such mercbandise and baggage shall be duly entered and the duty thereon shall be paid, if any is due.

(6) After being duly entered and the duties thereon paid and permit issued, the merchandise may be reladen

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