Page:United States Statutes at Large Volume 46 Part 1.djvu/765

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722

SEVEN TY-FIRST C ONGRESS . SESS . II. CH. 497. 1930 . ADMINISTRATIVE PRO- VISIONS . Entry of me rchan- dise . Consignee to make . Exceptions. Tim e. SEC. 484. ENTRY OF MERCHANDISE . (a) RE QUIRE MENT AND T IME .-Except as provide d in secti ons 490, 4 98, 552, and 553 and in subdivision (j) of se ct ion 336 of t his Act, and in subdivisions (h) and (i) of this section, the con- signee of imported merchandise shall make entry therefor either in person or by an agent authorized by him in writing under such regulations as the Secretary of the Treasury may prescribe. Such entry shall be made at the customhouse within forty-eight hours, exclu sive of Sun days and ho lidays, aft er the entr y of the im porting vessel or report of the vehicle, or after the arrival at the port of destination in the case of merchandise transported in bond, unless the collector authorizes in writing a longer time . (b) PRODUCTION OF CERTIFIED INvoICE .-No merchandise shall be admitted to entry under the provisions of this section without the production of a certified invoice therefor, except that entry may be permitted if- ( 1) T he co llect or is sati sfied that the failu re to pro duce such invoice is due to causes beyond the control of the person making entry ; ( Such pers on makes a verified de claration i n writing that he Is unable to produce such invoice and (A) files therewith a seller's or shipper's invoice, or (B) if he is not in possession of a seller's or shipper's invoice files therewith a statement of the value, or the price paid, in the form of an invoice ; and (3) Such person gives a bond for the production of such certi- fied invoice within six months . The Secretary of the Treasury may by regulations provide for - such exceptions from the requirements of th is su bdivi sion as he deems advisable . (C) PRODUCTION OF BI LL OF LADING .-The consignee shall produce the bill of lading at the time of making entry, exce t that- (1) If the collector is satisfied that no bill ofplading has been is sued, the shipp ing r eceip t or othe r evi dence sati sfact ory t o the collector may be accepted in lieu thereof ; (2) The collector is authorized to permit entry and to release merchandise from customs custody without the production of the bill of ladi ng if the person making such entry gives a bond satisfactory to the collector, in a sum equal to not less than one and one-half times the invoice value of the merchandise, to pro- duce such bill of lading, to relieve the collector of all liability, to i ndemnify th e collector against lo ss, to defe nd every a ction brought upon a claim for loss or damage, by reason of such release from customs custody or a failure to produce such bill of lading and to entitle any person injured by reason of such release from customs cust ody to sue on such bon d in his own name, without making the collector a party thereto . Any person so injured by su ch re le ase may sue on su ch bo nd to recover any damages so sustained by him ; and (3) The provisions of this subdivision shall not apply in the case of an entry under subdivision (h) or (i) of this section (relating to entry on carrier's certificate and on duplicate bill of lad ing, respe ctive ly) . and state- (d) SIGNING AND CONTENTS .-Such entry sha ll be signed by the accompany consignee, or his agent, and shall set forth such facts in regard to the importation as the Secretary of the Treasury may require for the pu rp ose of assessing duties and to secure a proper examination, inspecti on, apprais ement, and liquidatio n, and shal l be accomp anied by such invoices, bills of lading, certificates, and documents as are required by law and regulations promulgated thereunder . Certified invoic e re- qui red . Excep tion . Unavoid able in- ability . Statement in form of invoice, etc. Bo nd for production later . Regulations . Bill of lading to be produced . Exceptions . Shipping receipts, etc ., accepted. Entry, etc ., without, and permitted, on giv. ing indemnity bond . Suit on bond . No t applicable to en - tries on carri er's cer- tificate, et c . S ignin g, men ts to the entry .