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(1) Form 1542 shall show the date of execution, the exporter's number of the application, and the exporter's internal-revenue registry number, and on the reverse side shall show the name, detailed description, and quantity of the narcotic drug or preparation desired to be exported, the name of the narcotic drug contained in any preparation being stated, and the quantity of any solids in the preparation being given in avoirdupois.

(2) Under the last item listed for export a double line should be drawn either by pen and ink or typewriter, and no export permit shall be valid as to any item listed below such double line.

(3) Form 1542 shall state on its face that application is made for permission to export the narcotics listed on the reverse side, immediately following which shall be given the name, address, and business of the consignee, the foreign port of entry, port of exportation, date of exportation, name of exporting carrier or vessel (if known, or if unknown, so stated), and date of foreign import license or permit.

(4) The application shall also contain an averment that the packages are marked according to the regulations, and that to the best of affiant's knowledge and belief the narcotics therein are to be applied exclusively to medical and legitimate uses within the country to which exported, will not be reexported therefrom, and are needed therein because there is an actual shortage thereof and a demand therefor for medical and legitimate uses within such country.

(c) With the application the shipper's export declaration in due form shall also be submitted, together with the import license or a certified copy of such license, (and a translation thereof if in a foreign language) if any has been issued by the country of destination, or other evidence that the merchandise is consigned to an authorized permittee. Verification by an American consular officer of signatures on foreign import licenses will not be necessary if such licenses bear the official seal of the officer signing them. The shipper's export declaration shall be returned to the applicant for presentation to the collector at the port of exportation in the event the application is approved.

(d) The collector shall forward the application, together with its supporting papers, to the Commissioner of Narcotics and if the collector is in possession of any facts

Nar. Reg. Apr. 1, 1928, art. 15.

T. Ds. 39154, 39308.

Act of June 14, 1930.

which might adversely affect the application, he shall also send therewith a statement of such facts together with his recommendation.

(e) If the application is disapproved by the Commissioner of Narcotics, the fact of such disapproval and the reasons therefor will be communicated to the applicant and to the collector of customs concerned.

(f) If additional information is required or other action is necessary to correct any mistake or irregularity in the application or accompanying documents, opportunity will be afforded by the Commissioner of Narcotics to furnish such additional information or to correct such mistake or irregularity before finally disapproving the application.

(g) If the Commissioner of Narcotics decides to permit the exportation, he will approve and sign the application which shall thereupon become a permit to export the narcotic drugs listed thereon in accordance with the data shown upon the application.

(h) In lieu of the marking on the outside of the packages as required in previous regulations, the inner packages shall be labeled in a legible and conspicuous manner to show the narcotic character of the contents. Inner packages shall also bear internal-revenue narcotic stamps as required, and affixed in the manner provided by, the act of December 17, 1914, as amended, and regulations thereunder. The collector of customs may require packages offered for exportation to be opened and may inspect the contents thereof.

(2) Export declarations covering drugs, pharmaceuticals, medicines, chemicals, or other articles of a similar general designation, not covered by a permit to export, shall contain a statement in writing that the articles are not narcotic drugs. In the absence of such a statement in the export declaration covering such articles, the collector shall detain the merchandise, at the exporter's risk and expense, until, by examination or the submission of evidence by the exporter, the collector shall be convinced that the articles contain no narcotic drugs.

Art. 639. In transit shipments.-(a) Section 2 of the narcotic drugs import and export act (subsec. 5) prohibits the admission of smoking opium or opium prepared for smoking into the United States or into any Territory under its control or jurisdiction for transportation to another country or transfer from one vessel to another

vessel within any waters of the United States for immediate exportation or for any other purpose. No other narcotic drug may be so admitted, transferred, or transshipped except with the approval of the Commissioner of Narcotics. The regulations applicable to exports will govern as far as practicable, except that the collector of customs may permit narcotic drugs, other than smoking opium or opium prepared for smoking, to be retained on board a vessel arriving from a foreign port if shown on the manifest to be destined to another foreign port.

(b) Articles in transit manifested merely as drugs, medicines, or chemicals, without evidence to satisfy the collector that they contain no narcotic drugs, shall be detained and subjected at the carrier's risk and expense to such examination as may be necessary to satisfy the collector as to whether or not they contain narcotic drugs. Art. 640. Violations of the law-Reports of.-Collec- Tariff act of 1930, tors of customs shall report to the United States attorney and to the Commissioner of Narcotics any violations of the law which they may discover, and will furnish a copy of such report to the Bureau of Customs.

(See article 1086 for procedure governing forfeiture and penalties, narcotic drugs.)

LIQUORS

sec. 603. Act of June 14, 1930.

Art. 641. Prohibited importations.-(a) Tariff act of Tariff act of 1930, 1930, paragraph 814:

pars. 801, 815; sec. 401. National prohibition act

3474, 3484. Pro

No wines, spirits, or other liquors or articles provided for in this of Nov. 28, 1921. schedule containing one-half of 1 per centum or more of alcohol Int. Rev. T. Ds. shall be imported or permitted entry except on a permit issued hibition reorg. act therefor by the Commissioner of Prohibition, and any such wines, of May 27, 1930. spirits, or other liquors or articles imported or brought into the United States without a permit shall be seized and forfeited in the same manner as for other violations of the customs laws: Provided, That high-proof fruit spirits made in distilleries connected with wineries for use in the fortification of wines, may also be withdrawn and used, under the same laws and regulations applicable to the withdrawal and use of alcohol for all non-beverage purposes.

Art. 155, Regs. 3,

(b) The importation or bringing in of products man- Bur. Ind. Alcohol, ufactured with either pure or denatured alcohol from any eff. Apr. 1, 1931. foreign country or from any possession of the United States into the United States or any of its possessions will not be permitted without the approval in writing of the Commissioner of Industrial Alcohol and then only where samples of such products have been submitted to him with quantitative formulae, and have been found to comply with the same standards, specifications, and restrictions imposed upon similar preparations produced by domestic manufacturers.

(See art. 1087 for procedure governing seizure, forfeiture, and disposition of liquors, etc.)

U. S. C., title 18, sec. 390. T. Ds. 30393, 30541, 30661, 30738.

tion reorg. act, of May 27, 1930.

Art. 642. Containers of illegal size.-Tariff act of 1930, paragraph 812:

* * * Any brandy or other spirituous or distilled liquors imported in any sized cask, bottle, jug, or other package, of or from any country, dependency, or province under whose laws similar sized casks, bottles, jugs, or other packages of distilled spirits, wine, or other beverage put up or filled in the United States are denied entrance into such country, dependency, or province shall be forfeited to the United States.

Art. 643. Marking requirements-Packages.-PackProhibi- ages containing imported spirits or distilled or other intoxicating liquors of any kind must be labeled on the outside cover, to plainly show the name of the consignee, the nature of the contents, and the quantity contained therein. These marks shall be in addition to those required by the Commissioner of Industrial Alcohol.

UNFAIR COMPETITION

Art. 644. Unfair methods of competition declared unlawful.-Tariff act of 1930, section 337 (a):

Unfair methods of computation and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, or to restrain or monopolize trade and commerce in the United States, are hereby declared unlawful, and when found by the President to exist shall be dealt with, in addition to any other provisions of law, as hereinafter provided.

Art. 645. Exclusion of articles from entry.-Tariff act of 1930, section 337 (e):

Whenever the existence of any such unfair method or act shall be established to the satisfaction of the President he shall direct that the articles concerned in such unfair methods or acts, imported by any person violating the provisions of this Act, shall be excluded from entry into the United States, and upon information of such action by the President, the Secretary of the Treasury shall, through the proper officers, refuse such entry. The decision of the President shall be conclusive.

Art. 646. Entry under bond.-Tariff act of 1930, section 337 (f):

Whenever the President has reason to believe that any article is offered or sought to be offered for entry into the United States in violation of this section but has not information sufficient to satisfy him thereof, the Secretary of the Treasury shall, upon his request in writing, forbid entry thereof until such investigation as the President may deem necessary shall be completed; except that such articles shall be entitled to entry under bond prescribed by the Secretary of the Treasury.

Art. 647. Continuance of exclusion.-Tariff act of 1930, section 337 (g):

Any refusal of entry under this section shall continue in effect until the President shall find and instruct the Secretary of the Treasury that the conditions which led to such refusal of entry no longer exist.

Art. 648. Definition.-Tariff act of 1930, section 337 (h):

When used in this section and in sections 338 and 340, the term "United States" includes the several States and Territories, the District of Columbia, and all possessions of the United States except the Philippine Islands, the Virgin Islands, American Samoa, and the island of Guam.

DISCRIMINATION

Art. 649. Additional duties.-Tariff act of 1930, section 338 (a):

(a) The President when he finds that the public interest will be served thereby shall by proclamation specify and declare new or additional duties as hereinafter provided upon articles wholly or in part the growth or product of, or imported in a vessel of, any foreign country whenever he shall find as a fact that such country—

(1) Imposes, directly or indirectly, upon the disposition in or transportation in transit through or reexportation from such country of any article wholly or in part the growth or product of the United States any unreasonable charge, exaction, regulation, or limitation which is not equally enforced upon the like articles of every foreign country; or

(2) Discriminates in fact against the commerce of the United States, directly or indirectly, by law or administrative regulation or practice, by or in respect to any customs, tonnage, or port duty, fee, charge, exaction, classification, regulation, condition, restriction, or prohibition, in such manner as to place the commerce of the United States at a disadvantage compared with the commerce of any foreign country.

Art. 650. Exclusion from importation.-Tariff act of 1930, section 338 (b):

If at any time the President shall find it to be a fact that any foreign country has not only discriminated against the commerce of the United States, as aforesaid, but has, after the issuance of a proclamation as authorized in subdivision (a) of this section, maintained or increased its said discriminations against the commerce of the United States, the President is hereby authorized, if he deems it consistent with the interests of the United States, to issue a further proclamation directing that such products of said country or such articles imported in its vessels as he shall deem consistent with the public interests shall be excluded from importation into the United States.

Art. 651. Application of proclamation.-Tariff act of 1930, section 338 (c):

Any proclamation issued by the President under the authority of this section shall, if he deems it consistent with the interests of the United States, extend to the whole of any foreign country or may be confined to any subdivision or subdivisions thereof; and the President shall, whenever he deems the public interests require, suspend, revoke, supplement, or amend any such proclamation.

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