(Sec. 1, 37 Stat. 434, sec. 1, 38 Stat. 623, as amended; 19 U. S. C. 1, 2)

[13 F. R. 7882, Dec. 18, 1948, as amended by E. O. 10042, 14 F. R. 1155, Mar. 15, 1949; E. O. 10088, 14 F. R. 7287, Dec. 6, 1949; T. D. 52409, 15 F. R. 861, Feb. 17, 1950; E. O. 10238, 16 F. R. 3627, Apr. 28, 1951; T. D. 52848, 16 F. R. 10931, Oct. 27, 1951; T. D. 52943, 17 F. R. 2113, Mar. 11, 1952; T. D. 52975, 17 F. R. 3580, Apr. 23, 1952; T. D. 53033, 17 F. R. 5982, July 3, 1952; T. D. 53336, 18 F. R. 5403, Sept. 9, 1953]

§ 1.2 Customs stations; requirements for transaction of customs business at places other than ports of entry. (a) Places, other than ports of entry, at which customs officers or employees are stationed under the authority contained in article IX of the President's message referred to in § 1.1" to enter and clear vessels, accept entries of merchandise, collect duties, and enforce the various provisions of the customs and navigation laws shall be known as customs stations.

(b) A vessel shall not be entered or cleared at a customs station, or other place that is not a port of entry, unless entry or clearance is authorized by the collector of customs for the district in which such station or place is located pursuant to the provisions of section 447, Tariff Act of 1930. Such authorization shall be granted by the collector or assistant collector only upon the condition that the vessel will be under such customs supervision as he may deem to be necessary; that compliance will be had with all applicable customs and navigation laws and regulations; that the salary and expenses of the customs officer for such time as is required to be devoted to entry and clearance work, together with any expense incurred by such

officer in connection with the entry or delivery of merchandise, shall be reimbursed to the Government as provided in paragraph (c) of this section; and that the collector or assistant collector shall be notified in advance of the arrival of the vessel concerned.

(c) The salary and expenses of a customs officer or employee stationed at or sent to a customs station or other place which is not a port of entry for service in connection with the entry or clearance of a vessel shall be reimbursed to the Government by the owner, master, or agent of the vessel. Except as otherwise provided for in this part, the expenses, including any per diem allowed in lieu of subsistence, but not the salary, of such customs officer or employee for service in connection with the entry or delivery of merchandise shall be reimbursed to the Government by the interested persons.

[13 F. R. 7885, Dec. 18, 1948, as amended by T. D. 52210, 14 F. R. 2232, May 5, 1949]

§ 1.3 Customs offices in Canada. There are listed below the places in the Dominion of Canada where United States customs officers are stationed, the customs districts under which they function, and the comptrollers of customs having jurisdiction over such districts:

Customs district having supervision

5 "Merchandise shall not be entered or delivered from customs custody elsewhere than at one of the ports of entry herein before designated except at the expense of the parties in interest, upon express authority from the Secretary of the Treasury and under conditions to be prescribed by him. When it shall be made to appear to the Secretary of the Treasury that the interests of commerce or the protection of the revenue so require, he may cause to be stationed at places in the various collection districts, though not named as ports of entry, officers or employees of the customs with authority to enter and clear vessels, to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws." (Art. IX, President's message of March 3, 1913; T. D. 33249)

Comptroller having supervision

Boston, Mass.

Do.

Do.

New York, N. Y. San Francisco, Calif. Do.

"It shall be unlawful to make entry of any vessel or to unlade the cargo or any part thereof of any vessel elsewhere than at a port of entry: Provided, That upon good cause therefor being shown, the Secretary of the Treasury may permit entry of any vessel to be made at a place other than a port of entry designated by him, under such conditions as he shall prescribe: And provided further, That any vessel laden with merchandise in bulk may proceed after entry of such vessel to any place designated by the Secretary of the Treasury for the purpose of unloading such cargo, under the supervision of customs officers if the collector shall consider the same necessary, and in such case the compensation and expenses of such officers shall be reimbursed to the Government by the party in interest." (Sec. 447, 46 Stat. 714, as amended; 19 U. S. C. 1447)

§ 1.8 Hours of business. (a) Except as specified in paragraphs (b)-(g) of this section, each customs office shall be open for the transaction of general customs business between the hours of 8:30 a. m. and 5 p. m. on all days of the year except Saturdays, Sundays, and national holidays."

(b) Different but equivalent hours shall be observed if a difference is required for the maintenance of adequate service because of local conditions, is approved by the Commissioner of Customs, and a notice of the hours of business is prominently displayed at the principal entrance and in each public room of the customs office.

(c) At each port or station where there is no full-time customs employee, the hours during which the customs office will be open for the transaction of general customs business shall be fixed by the collector of customs concerned with the approval of the Commissioner of Customs, and notice thereof shall be displayed prominently at the principal entrance of the office.

(d) A State or local holiday shall not be cause generally for closing a customs office, but if such a holiday interferes with the performance of work in a particular customs office or by particular customs employees, the employees affected may be excused from work.

(e) Customs services required to be performed outside a customs office shall be furnished between the hours of 8 a. m. and 5 p. m. (or between the corresponding hours at ports where different but equivalent hours are required for the maintenance of adequate service and are approved by the Commissioner of Customs) on all days when the customs office is open for the transaction of general customs business. In accordance with such instructions as the Commissioner of Customs shall have issued from time to time and upon reasonable advance notice to the principal local officer concerned, such services may be furnished between the same hours on Saturdays.

'The national holidays are January 1, February 22, May 30, July 4, the first Monday in September, November 11, the fourth Thursday in November, and December 25. If a holiday falls on Sunday, the following day will be observed. (E. O. No. 1076, May 22, 1909.) Other days may be designated as national holidays by Executive order of the President

(f) Where there is a regularly recurring need for customs services outside the above prescribed hours, and the volume and duration of the required services are uniformly such as to require, of themselves or in immediately consecutive combination with other essential customs activities of the port, the full time of one or more customs employees, the necessary number of regular tours of duty to furnish such services on all days of the year except Sundays and national holidays may be established with the approval of the Commissioner of Customs.

(g) Customs services shall be furnished private interests otherwise than as specified in this section only in accordance with the provisions of § 24.16 of this chapter.

[13 F. R. 7886, Dec. 18, 1948]

§ 1.9 Customs seal. (a) The customs seal of the United States, consisting of the national arms within a circle according to the design furnished by the Treasury Department, shall be impressed upon all official documents requiring the impress of a seal.

(b) The impress of the seal is not necessary on documents passing within the Customs Service. The seal shall be impressed on marine documents, and on landing certificates, certificates of weight, gauge, or measure, and similar classes of documents for outside interests.

(c) The official seal shall not be used in the manner of a notary seal to indicate authority to administer oaths. [13 F. R. 7887, Dec. 18, 1948]

Sec. 2.71

Definitions of structural terms, etc. 2.72 Suez and Panama Canal certificates.

AUTHORITY: §§ 2.0 to 2.72 issued under R. S. 161, 4153, as amended, secs. 2, 3, 23 Stat. 118, as amended, 119, as amended, sec. 4, 28 Stat. 743, as amended; 5 U. S. C. 22, 46 U. S. C. 2, 3, 77, 79.

SOURCE: §§ 2.0 to 2.72 appear at 13 F. R. 7887, Dec. 18, 1948, except as otherwise noted.

§ 2.0 Effective date. The regulations in this part are not retroactive, i. e., they do not apply to vessels the keels of which were laid prior to the date the rules in this part become effective. The regulations in this part become effective March 1, 1940.

§ 2.1 Authority of Commissioner. (a) The Commissioner of Customs is charged with the supervision of the laws relating to the admeasurement of vessels, and on all questions of interpretation growing out of the execution of the laws relating to this subject his decision is final.

(b) The Commissioner of Customs shall, in the following sections, be referred to as the Commissioner.

(c) Doubts arising in the minds of the admeasurers concerning decks to the hull, enclosures on or above the upper deck, shelter decks, method of procedure, etc., shall be submitted to the Commissioner for his decision, and shall be accompanied by blueprints or sketches of the spaces in question giving all the facts bearing on same.

§ 2.2 Officials authorized to admeasure vessels. (a) Before any vessel shall be registered, enrolled, or licensed she shall be measured by an officer of the customs at the port or place where she may be.

(b) A vessel is not to be measured unless she is required by law to be registered, enrolled or licensed, or otherwise specially provided for.

§ 2.3 Purpose for which measurements are taken. (a) Tonnage measurements are taken for the purpose of ascertaining the internal capacity of measurable spaces.

(b) All measurements are to be taken in feet and fractions of feet, and all fractions of feet shall be expressed in decimals.

§ 2.4 Register ton. A register ton is a volume of 100 cubic feet.

§ 2.5 Gross register tonnage. (a) The gross tonnage referred to in the