(b) Regulations promulgated under the authority of the foregoing provision of law were published in T. D. 44908, and are continued in force.

Art. 601. Parrots.-Regulations governing the importation of parrots into the United States in pursuance of Executive Order No. 5264, T. D. 43894, are contained in T. D. 44349 as amended by T. D. 44542.

Art. 602. Importation or transportation of illegally killed animals, birds, etc.-United States Code, title 16, section 705:

It shall be unlawful to ship, transport, or carry, by any means whatever, * * * through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, transported, or carried. (July 3, 1918, ch. 128, sec. 4, 40 Stat. 755.)

Art. 603. Importation of wild mammals and birds in violation of foreign law. (a) Tariff act of 1930, section 527:

(a) If the laws or regulations of any country, dependency, province, or other subdivision of government restrict the taking, killing, possession, or exportation to the United States, of any wild mammal or bird, alive or dead, or restrict the exportation to the United States of any part or product of any wild mammal or bird, whether raw or manufactured, no such mammal or bird, or part or product thereof, shall, after the expiration of ninety days after the enactment of this Act, be imported into the United States from such country, dependency, province, or other subdivision of government, directly or indirectly, unless accompanied by a certification of the United States consul, for the consular district in which is located the port or place from which such mammal or bird, or part or product thereof, was exported from such country, dependency, province, or other subdivision of government, that such mammal or bird, or part or product thereof, has not been acquired or exported in violation of the laws or regulations of such country, dependency, province, or other subdivision of government.

(b) Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manufactured, imported into the United States in violation of the provisions of the preceding subdivision shall be subject to seizure and forfeiture under the customs laws. Any such article so forfeited may, in the discretion of the Secretary of the Treasury and under such regulations as he may prescribe, be placed with the departments or bureaus of the Federal or State Governments, or with societies or museums, for exhibition or scientific or educational purposes, or destroyed, or (except in the case of heads or horns of wild mammals) sold in the manner provided by law.

(c) The provisions of this section shall not apply in the case of— (1) Articles the importation of which is prohibited under the provisions of this Act, or of section 241 of the Criminal Code, or of any other law;

120950°-32-26

T. Ds. 44407, 44412, 44413, 44436,

44674, C. I. E,

2764, Mar. 23, 1931 and 3745,

(2) Wild mammals or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or educational purposes;

(3) Migratory game birds (for which an open season is provided by the laws of the United States and any foreign country which is a party to a treaty with the United States, in effect on the date of importation, relating to the protection of such migratory game birds) brought into the United States by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States.

(b) No wild mammal or bird, or part or product 44437, 44438, 44467, thereof, shall be released from customs custody, under bond or otherwise, if the collector has knowledge of a foreign law or regulation that brings it within the purview of subdivision (a) of section 527, unless accompanied by the required consular certificate or entitled to entry under the provisions of subdivision (c) of such section.

June 30, 1931.

(c) When in doubt as to the admissibility under such section of any importation, the collector should refer the case to the bureau for instructions. Information with respect to the laws or regulations of foreign governments restricting the taking, killing, possession, or exportation to the United States of wild mammals or birds or parts or products thereof will be published in the Treasury Decisions.

(d) The collector shall report to the bureau all articles seized for violation of section 527, and shall proceed under the provisions of the tariff act applicable to seizure and forfeiture of merchandise valued at less than $1,000, except that:

(1) No such article shall be disposed of before receipt of the bureau's instructions as to its disposition; but,

(2) In the case of a perishable article or of a canned food article, if the importer assents in writing to forfeiture, it shall be destroyed without instructions from the bureau or further proceedings; otherwise perishable articles shall be sent to a cold-storage warehouse at the expense of the importer pending instructions of the bureau as to their disposition.

Art. 604. Game animals and birds.—(a) Tariff act of 1930, paragraph 1682 (free list):

Live game animals and birds, imported for stocking purposes, and game animals and birds killed in foreign countries by residents of the United States and imported by them for noncommercial purposes; under such regulations as the Secretary of Agriculture and the Secretary of the Treasury shall prescribe.

(b) United States Code, title 18, section 393 (Criminal Code, sec. 243):

All packages containing the dead bodies, or the plumage, or parts thereof, of game animals, or game or other wild birds, when shipped in interstate or foreign commerce, shall be plainly and clearly marked, so that the name and address of the shipper, and the nature of the contents, may be readily ascertained on an inspection of the outside of such package. (May 25, 1900, ch. 553, sec. 4, 31 Stat. 188; Mar. 4, 1909, ch. 321, sec. 243, 35 Stat. 1137.)

(c) There shall be filed in connection with the entry a declaration by the importer or his agent on customs Form 3313. If the declaration is signed by an officer of the Federal or a State Government, or a person who shall present to the collector an order for the shipment given him by the Federal or a State Government, a statement as to the place of delivery shall not be required. (d) Game animals and birds killed in foreign countries by residents of the United States, if not imported for sale or other commercial purposes, may be admitted free of duty upon the filing of a declaration on customs Form 3315. No bond or cash deposit to insure the destruction or exportation of the plumage of such birds shall be required.

(e) Application for the free entry of other live animals or birds, other than those enumerated in article 475 (b), under paragraph 1682 of the tariff act of 1930 should be referred to the Bureau of Customs for consideration. Animals imported for fur-farming purposes should not be admitted free of duty under that paragraph.

ENTRY AND EXAMINATION OF TEAS

T. D. 44467.

secs. 41-50. T. D. 38470.

Art. 605. Impure tea prohibited.-(a) The importation U. S. C., title 21, of any merchandise as tea which is inferior in purity, TB: 35244. quality, and fitness for consumption to the standards fixed and established by the Secretary of Agriculture in accordance with section 3 of the import tea act, as amended, is prohibited.

(b) Tea is subject to the provisions of the food and drugs act of June 30, 1906, as well as the import tea act and any importation found to be adulterated under the food and drugs act of June 30, 1906, will be dealt with as provided in that act.

(c) The administration of the import tea act, in so far as the Department of Agriculture is concerned, shall be under the direction of the chiefs of the inspection stations of the Food and Drug Administration at which tea examiners are located.

38470.

Art. 606. Entry-Bond-Storage.-(a) All entries must T. Ds. 37246. be on regular forms, and the regular serial numbers for both bonds and entries should be used.

T. D. 38740.

(b) Tea entered for consumption must be stored as herein provided, pending examination, and a bond must be taken by the collector of customs as provided in section 4 of the import tea act, on customs Form 7551 or 7553. This bond will be canceled upon the issuance of the permit for release, as the consumption entry bond includes provisions for the redelivery, the exportation, the destruction, and holding of merchandise for customs examination.

(c) Imported teas entered at an exterior port for immediate transportation to an interior port shall be forwarded without detention.

(d) Warehouses for the storage of tea will be designated by the collector of customs and the proprietor thereof will be required to give a bond in the form prescribed (customs Form 3581). Teas not stored in such designated warehouses will be placed in general-order store or in public store pending examination and release on proper permit. In the absence of proper storage facilities at customhouses, teas may be retained in locked cars as constructive warehouses, under proper supervision, pending examination.

(e) The importer's premises may be designated as a warehouse for the storage of tea on the filing of the bond provided for by these regulations, but whenever, in the discretion of the collector of customs, it shall be considered desirable a storekeeper shall be assigned to the supervision of such premises at the importer's expense while the teas shall remain under bond therein.

(f) When tea under examination is stored in any warehouse, it must be so placed as to be separate from other merchandise and so as to allow convenient supervision by customs officers and officers of the Food and Drug Administration. At ports where there are no bonded warehouses, class 2 or 3, the chief customs officer of the port will, when necessary, procure suitable premises for the temporary storage of any tea reaching his port. The repacking of tea in warehouse for export purposes is not allowed.

(g) All expenses for storage, cartage, and labor must be paid by the importer.

Art. 607. Examination for dutiable articles.-The collector may order such an examination of packages containing tea as will satisfy him that no dutiable goods are packed therein. For this purpose the customary desig

nation should be made of packages for examination in public stores.

sec. 44.

T. Ds. 25903,

Art. 608. Samples for examination.-(a) The examina-U. S. C., title 21, tion of teas at ports where a duly qualified tea examiner is 38470. stationed shall be made by means of samples drawn by the sampler from packages designated by the tea examiner. The importer, when his teas are ready for sampling, shall submit in duplicate to the tea examiner a chop list and release permit (T. I. S. Cat. No. 1) of the several lines included in the invoice, and the tea examiner shall select for examination packages representing the different lines.

(b) In case the tea coverings are dutiable and appraised at a value or rate higher than the entered value or rate the tea examiner shall send chop list and release permit to the collector of customs for such action as he sees fit to take.

(c) If the consular invoice has not been received the importer may prepare an additional copy of the chop list and release permit as a pro forma invoice, marking across the face thereof "Pro forma invoice."

(d) When entry is made at a port where there is no tea examiner, the importer shall prepare the chop list and release permit (T. I. S. Cat. No. 1) in triplicate and file them with his entry, and the collector of customs will designate a sample from each line thus shown for examination by the tea examiner. Samples shall be furnished by the importer to the collector with a sworn statement that the samples submitted by him were drawn from packages designated by the collector and covered by his entry, and that to the best of his knowledge and belief they represent the true qualities of each and every part of the invoice and accord with the specifications contained therein, and duplicate samples shall also be taken by the collector, all of which shall be forwarded to the nearest qualified tea examiner for his report and return. Tea examiners are stationed at the ports of New York, Boston, San Francisco, Seattle, and Honolulu.

(e) Samples forwarded to tea examiners shall be packed TDs. in perfectly clean tin cans, cylindrical in shape, 221⁄2 inches deep, 3 inches in diameter, of a capacity of 4 ounces, with tight slip covers, properly labeled and properly "seasoned" according to the customs of trade.

(Importers may print their chop list and release permit forms provided they conform strictly with T. I. S. Cat. No. 1, or such forms may be obtained free of charge

21439,