AUTHORIZATION AND CLASSES Art. 1236. Bonds.-Tariff act of 1930, section 623 (a): In any case in which bond or other security is not specifically required by law, the Secretary of the Treasury may by regulations require, or authorize collectors of customs to require, such bonds or other security as he, or they, may deem necessary for the protection of the revenue and to assure compliance with the customs laws and regulations. Except as otherwise specifically provided by law, whenever a bond is required by law or regulations, the Secretary of the Treasury may by regulations prescribe the conditions and form of such bond, provide for the approval of the sureties thereon (without regard to any general provision of law), fix the amount or penalty thereof, whether for the payment of liquidated damages or of a penal sum, and authorize the cancellation of any such bond, in the event of a breach of any condition thereof, upon the payment of such lesser amount as he may deem sufficient. No condition in any such bond shall be held invalid on the ground that such condition is not specified in the law authorizing or requiring the taking of such bond. Whenever a bond is required by the customs laws or regulations, the Secretary of the Treasury may authorize the execution of a single bond, the conditions of which shall extend to and cover similar cases or importations over a period of time, not to exceed one year, or such longer period as the Secretary of the Treasury may fix to meet the circumstances of any particular case. U.S. C., title 19, sec. 31, 32, Dept. Cir. 423, dated June 2, 1930. Sec. 565, tariff act, 1930. T. D. 38652. Art. 1237. Classes.-All bonds required to be given under the customs revenue statutes or customs regulations will be known as "customs bonds" and consist of three classes, viz, those approved by the Secretary of the Treasury, those approved by the Commissioner of Customs, and those approved by collectors of customs. BONDS APPROVED BY THE SECRETARY OF THE Art. 1238. Form and execution.-(a) The following bonds after execution by the principals and sureties must be forwarded to the Secretary of the Treasury for approval: (1) Bonds of collectors, comptrollers, and surveyors, required by law, in such amounts as the Secretary of the Treasury may direct. (2) Bonds of assistant disbursing officers. Before the assistant collector or any other employee designated by the collector may act as assistant disbursing officer he shall give bond to the United States, on department Form 280-b in such sum as shall be considered by the Secretary of the Treasury sufficient to protect the funds involved. (3) Bond for deputy collector of customs in charge of port of entry on customs Form 5301, in a penalty not to exceed $10,000. (4) Cartage contract bond, customs Form 3083, penalty to be fixed by the Secretary of the Treasury. (b) The cartage contract and bond shall be executed in quadruplicate and forwarded to the bureau. BONDS APPROVED BY THE COMMISSIONER OF CUSTOMS Art. 1239. Form and execution. (a) The following bonds must be prepared in duplicate, except as otherwise provided in article 952 pertaining to warehouses of class 6, and after execution by the principals and sureties delivered to the collector of customs and forwarded by him with his recommendation to the Commissioner of Customs for approval. (1) Proprietor's warehouse bonds on customs Forms 3581 and 3583, in a penalty of $5,000 on each of the premises covered, but not to exceed $50,000 on all premises, unless the commissioner believes additional security necessary. T. D. 41760, sec. (2) Carrier's bond, customs Form 3587, in a penalty 561, tariff not 1930, to be recommended by the collector and approved by the Commissioner of Customs. T. Ds. 43105, (3) Blanket vessel term bond, customs Form 7569, in Bureau letter, April 14, 1928. Cir. letter No. a penalty of $10,000, or such larger amount as may be 765, Nov. 24, 1930 fixed by the Commissioner of Customs. A marine carrier desiring to execute a blanket vessel bond shall file with the collector of customs at the principal port of entry, for transmission to the Commissioner of Customs, an application for permission to file a blanket bond, which application shall be accompanied by the recommendation of the collector as to the sufficiency of the penalty, together with a statement showing the ports at which it is intended that the vessel shall trade, the character of cargoes consigned to such ports, and the estimated number of vessels entering and clearing at each port mentioned in the application. (4) General or blanket term bond for entry of mer-43655. chandise in a penalty of $100,000, or such larger amount as may be fixed by the Commissioner of Customs. principal desiring to execute a blanket bond covering the entry of merchandise shall file with the collector at the principal port of entry, for transmission to the Commissioner of Customs, an application for permission to file a blanket bond, which application shall be accompanied by the recommendation of the collector as to the sufficiency of the penalty, together with a statement showing the port or ports at which it is intended that entry will be made, the general character and average value of merchandise consigned to the various ports together with the estimated duties payable thereon. There is no printed form of this bond. A (5) Upon notification by the Commissioner of Customs of the approval of the application and the penalty fixed for the bonds provided under paragraphs (3) and (4) of this article, the collector shall cause the bond, with the necessary extra copies, to be executed and forwarded to the bureau for approval. T. Ds. 40651, (6) Blanket smelting and refining bond, form given in 41021, 42733. T. D. 40651, in a penalty to be fixed by the Commissioner of Customs. U. S. C., title 18, (7) Special bond for observance of neutrality in a sum sec. 28, 29. double the value of the vessel and cargo. There is no printed form of this bond. Bureau letter, T. D. 38818, sec. 565, tariff act 1930. Sec. 608, tariff act 1930. T. Ds. 35708, 39711. T.D. 39711. Par. 1101, tariff act 1930, T. D. 43905. Par. 1101, tariff act 1930, T. D. 43905. T. D. 37246. (b) Blanket term bonds must be accompanied by a sufficient number of copies for transmittal, through the collector of customs, to each port at which the principal seeks to conduct business. BONDS APPROVED BY COLLECTORS Art. 1240. Form and execution.-(a) The following bonds will be approved by the collector and remain on file in his office except Form 4615, which is transmitted to the United States attorney: (1) Bond of customs cartmen or lightermen, customs Form 3855, in an amount of $5,000, but not to exceed $50,000, unless collector deems latter amount is not sufficient and reports matter to the bureau for action. (2) Bond of claimant of seized goods for costs of court, customs Form 4615, in an amount of $250. (3) Bond of vessel to produce complete manifest and export declarations, customs Form 7301, in an amount of $500 conditioned for the payment as liquidated damages of $50 for each shipper's declaration not filed within the prescribed time, the damages not to exceed $500 in the aggregate. (4) Bond to produce shipper's export declaration for goods exported to Canada or Mexico by car, vehicle, or ferry, customs Form 7303, in an amount of $500, $50 to be collected as liquidated damages for each shipper's export declaration not filed within six days. (5) Special single entry carpet wool and camel's hair bond, customs Form 7547, in an amount double the regular duties on the quantity of wool or hair of the camel withdrawn or transferred, plus 50 cents per pound of such quantity. (6) Special term carpet wool and camel's hair bond, customs Form 7549. The penalty on this bond shall be $10,000, or such larger amount as may be determined by the collector to afford ample security to the revenue. (7) Single consumption entry bond, customs Form 7551, in an amount equal to the value of the articles described on the entry, plus the estimated duty thereon. In the case of merchandise which appears to the satisfaction of the collector to be unconditionally free of duty and not prohibited from admission into the commerce of the United States, the penalty may be in such lesser amount (disregarding the value of the articles) as, in the opinion of the collector, will be sufficient to accomplish the purpose for which the bond is given. (8) Term consumption entry bond, customs Form T. D. 37246. 7553, in an amount of $10,000, or such larger amount as may be determined by the collector to afford ample security to the revenue. The rule prescribed in paragraph (a) (7) for determining the penalty of the bond in the case of merchandise unconditionally free of duty shall be applied in making charges against term bonds. (9) Warehouse entry bond, customs Form 7555, in T. D.37246. an amount equal to double the estimated duty on the merchandise. 391, 393, tariff act (10) Single entry bond for exportation or transporta- T. D. 37246, pars. tion, or for transportation and exportation, customs 1930. Form 7557, in an amount equal to double the estimated duty. (11) Term bond for exportation or transportation, or T. D. 37246. for transportation and exportation, customs Form 7559, in an amount of $10,000, or such larger amount as may be determined by the collector to afford ample security to the revenue. (12) Bond for articles entered or withdrawn from T. D. 37246. warehouse conditionally free of duty, customs Form 7561, in an amount equal to double the estimated duties. (13) Bond for temporary importations, customs Form Pars. 308, 1808, 7563, in an amount equal to double the estimated duties. tariff act 1930. T. Ds., 19317, (14) Bond for articles for permanent exhibition, cus-37246, 38082; par. toms Form 7565, in an amount equal to double the esti-1809, tariff act mated duties. 1930. (15) Single entry vessel or aircraft bond, customs T. D. 37246. Form 7567, in an amount to be fixed by the collector sufficient to protect the revenue, but in no case less than $500. (16) Vessel or aircraft term bond, customs Form 7569, in an amount of $10,000, or such larger amount as may be determined by the collector to afford ample security. (17) Single entry or withdrawal bond on entry for T. D. 18868. manufacturing warehouse, customs Form 7571, in an amount equal to double the estimated duties. T. Ds. 39400, sec. act 1930. (18) Single entry bond to produce bill of lading, 484 (c) (2), tariff customs Form 7581, in an amount equal to one and onehalf times the invoice value. (19) Antidumping bond, customs Form 7591, required by the antidumping act of 1921, in an amount equal to the estimated value of the merchandise. |