32341, 44055. (c) When a bond is executed by an authorized and D. 20022, approved corporate surety through an agent or attorney of said company, a power of attorney on Treasury Form 272, showing the authority of such persons to act for the surety company, must be filed in the office of the collector approving such bond, or filed in the Treasury Department, when the bond is to be approved by the Secretary of the Treasury or the Commissioner of Customs. (d) Whenever a bond is executed in a customs district other than the one in which it is to be filed, the bond shall be approved as to surety by the collector of customs in the district in which it was executed, and the authority of the agent of the surety company executing the bond on behalf of the company must be set forth on card power of attorney Form 272, properly completed and attached. to the bond, if such evidence has not been submitted to the collector at the port of filing. 20904. Art. 1249. Same party as principal and surety-Attor- T. Ds. 19105, ney. The same person, partnership, or corporation can not be both principal and surety on a bond, but a person may act as attorney in fact for both the principal and surety. A person acting as attorney in fact for a principal may be accepted as surety on the same bond, and when acting as attorney for the surety may be the principal on such bond. Art. 1250. Acceptance of United States bonds and notes in lieu of sureties.-(a) United States Code, title 6, section 15: Wherever by the laws of the United States or regulations made pursuant thereto, any person is required to furnish any recognizance, stipulation, bond, guaranty, or undertaking, hereinafter called "penal bond," with surety or sureties, such person may, in lieu of such surety or sureties, deposit as security with the official having authority to approve such penal bond, United States Liberty bonds or other bonds or notes of the United States in a sum equal at their par value to the amount of such penal bond required to be furnished, together with an agreement authorizing such official to collect or sell such bonds or notes so deposited in case of any default in the performance of any of the conditions or stipulations of such penal bond. The acceptance of such United States bonds or notes in lieu of surety or sureties required by law shall have the same force and effect as individual or corporate sureties, or certified checks, bank drafts, post-office money orders, or cash, for the penalty or amount of such penal bond. The bonds or notes deposited hereunder, and such other United States bonds or notes as may be substituted therefor from time to time as such security, may be deposited with the Treasurer of the United States, a Federal reserve bank, or other depositary duly designated for that purpose by the Secretary, which shall issue receipt therefor, T. D. 43960. describing such bonds or notes so deposited. As soon as security for the performance of such penal bond is no longer necessary, such bonds or notes so deposited shall be returned to the depositor. * * * (b) Collectors accepting such securities shall be governed by the general rules and regulations applicable to such transactions, as prescribed in Department Circular 154, dated April 30, 1926. Art. 1251. Acceptance of cash deposits or obligations of the United States in lieu of surety bonds.-(a) Tariff act of 1930, section 623 (b): The Secretary of the Treasury is authorized to permit the deposit of money or obligations of the United States, in such amount and upon such conditions as he may by regulations prescribe, in lieu of any bond required by the provisions of the customs laws, or by regulations promulgated thereunder. (b) Collectors are authorized to accept in lieu of any bond required by the customs laws or regulations, United States money, United States bonds, certificates of indebtedness, Treasury notes, or Treasury bills in an amount equal to the penalty of the required bond. At the time of the deposit of any such obligations with the collector of customs, the obligor shall deliver to such collector a duly executed power of attorney and agreement, in favor of the collector, in a form similar to that prescribed in Department Circular 154, dated April 30, 1926, authorizing such officer to collect or sell such obligations so deposited in case of any default in the performance of any of the conditions or stipulations of the bond in lieu of which the deposit is taken, and to apply the proceeds of such sale or collection, in whole or in part, to the satisfaction of any damages, demands, or deficiency arising by reason of such default. In modifying the power of attorney hereinbefore prescribed, the conditions or stipulation of the bond applicable, in lieu of which the deposit is taken, shall be written into such power of attorney so that in case of any default, the collector will have full power to dispose of the obligations or cash deposited. The procedure outlined in department circular herein above referred to shall be followed in all cases except as modified with the approval of the Secretary of the Treasury to cover special cases. CANCELLATION OF BONDS Art. 1252. Export bonds.-(a) Bonds required for the exportation of merchandise may be canceled only upon the specification of such merchandise on the outward manifest, or outward bill of lading, the inspector's certificate of lading, the record of clearance of the vessel, and the production of a foreign landing certificate if such certificate is required by the collector. The requirements of paragraph 3 of vessel bonds, customs Form 7567 or 7569, may be considered as having been complied with upon the production of such of the above-mentioned documents as may be applicable thereto: Provided, That upon exportation of narcotic drugs, intoxicating liquors, and the equipment, stores (except such supplies as are placed on board vessels under the provisions of secs. 309 and 317 of the tariff act of 1930), and machinery for vessels, a landing certificate will be required in all cases. (b) The landing certificate herein provided for must be produced within six months from date of exportation and must be signed by a revenue officer of the foreign country to which the merchandise is exported, unless it is shown that such country has no customs administration, in which case the certificate may be signed by the consignee or by the vessel's agent at the place of landing, and sworn to before a notary public or other officer authorized to administer oaths and having an official seal. (c) In cases where landing certificates are required and the same can not be produced, an application for waiver thereof may be made to the bureau through the collector, accompanied by such proofs of exportation and landing abroad as may be available. An T. Ds. 29432, 29529, 31143, 31353, of 31888, 32618 (Abst. 28787), Art. 1253. Exportation-When not bona fide.-(a) exportation is a severance of goods from the mass things belonging to this country with the intention uniting them to the mass of things belonging to some foreign country. The shipment of merchandise abroad with the intention of returning the same to the United States is not an exportation. Merchandise of foreign origin returned from abroad under these circumstances is dutiable according to its nature, weight, and value at the time of its original arrival in this country. (b) Bonds given for the exportation of merchandise T. Ds. 42052, should not be canceled by collectors, unless they are satisfied that there has been an actual bona fide exportation. Art. 1254. Time for production of missing documents.-T. Ds. 36921, (a) When an entry not charged against a term bond is made prior to the production of a document a card memorandum on customs Form 5101, at comptrollers' ports, or on customs Form 3513 at other ports, must be presented 43751. 38540, 40107. T.D. 40984. T. Ds. 38540, 39821, 42006. T. Ds. 38871, 39634, 39821, 40984, with the entry and this card must be filed as a card index of missing documents, either alphabetically, by dates of expiration, or by entry number, as most convenient. When the document is produced the card must be signed and delivered as a receipt and notation made on the entry. No other record is required in connection with the cancellation of consumption entry bonds. (b) Except when a definite period is fixed by law, all documents for the production of which bond is given must be delivered to the collector of customs within six months from the date of the transaction. If the period ends on a Sunday or holiday the next day will be allowed. Art. 1255. Application for extension of time.-On written application, addressed to the collector, showing to his satisfaction that failure to produce the documents was not due to lack of diligence, bonds given by agents to produce owner's declarations, and bonds given to produce certificates of exportation, landing certificates, and other documents, except invoices, may be extended for a period of three months, and a further extension of three months. It is not necessary to secure the assent of the sureties to an extension of time on bonds the obligation of which provides for the continued liability on any lawful extension thereof. Art. 1256. Nonproduction of documents-Failure to redeliver packages-Penalties and deposit of.-(a) Col'lectors of customs, in treating bonds for the production of missing documents as satisfied, will demand and collect a sum of $10 for each missing invoice not produced within six months, and a like amount for each missing declaration of the owner or ultimate consignee or other document not produced within the time prescribed by the regulations, or any lawful extension thereof. (b) An amount equal to the invoice value plus the duty will be collected for failure to return to the collector on demand packages subject to redelivery. (c) Such sums as shall be collected on bonds as liquidated damages will be deposited as miscellaneous receipts. Art. 1257. Uncanceled bonds-Report of, to bureau.Collectors will report to the bureau for instructions all bonds given for the production of documents at the expiration of three months from the date of maturity, with respect to which no application is pending for cancellation or extension Art. 1258 Prosecution of bonds-Report to United States T. D. 6866. attorney. (a) Collectors will report to the United States attorney, on Customs Form 4627, for prosecution all customs bonds, except those given for the production of documents, which remain uncanceled 30 days from date of maturity, accompanied by certified copies of the bonds. Such report will be made in triplicate, one copy to be forwarded to the Solicitor of the Treasury and the third copy to be filed in the office of the collector. (b) The original bonds will be retained at the customhouse, subject to the request of such attorney for inspection or for use upon the trial, and his receipt taken therefor when delivered to him. (c) Applications for relief on bonds reported for prosecution will be referred by the collector to the United States attorney. Art. 1259. Cancellation by mistake or through fraud.The cancellation of a customs bond by mistake or through fraud will not relieve the parties from liability thereunder. Such fraud will, on discovery, be forthwith reported to the United States attorney for prosecution. 120950°-32-50 |