(a) Responsibility of customs and postal employees. Customs employees have responsibility for resealing or repacking mail of foreign origin following customs examinations. Postal employees accepting mail which has been in customs custody for examination must determine from external inspection whether it can safely bear further handling and transportation. Customs employees are responsible for restoring mail that is not in satisfactory condition.

(b) Customs shipments in bad order. Shipments found to be in bad order in transit or at the delivery office must be reconditioned by postal employees. Note bad order and evidence of rifling or damage on the address side of the wrapper over the signature of the employee. [37 FR 22604, Oct. 20, 1972, as amended at 39 FR 27467, July 29, 1974]

§ 61.5 Treatment at delivery office.

(a) Detecting dutiable importations. Postal employees will promptly examine all incoming mail to detect dutiable importations. These packages will bear an "Original" and "Addressee Receipt" copy of Customs Form 3419, "Mail Entry," enclosed in a Treasury Department envelope securely attached to the package.

(b) Dispatch to delivery units. Promptly forward dutiable articles to delivery units.

(c) Delivery of dutiable mail—(1) How Made. Dutiable mail will be delivered by city, village, and rural carriers, and by window delivery units. Form 2921, Held Notice-International Mail, is used to notify addressees of the arrival of dutiable parcels.

(2) Charging delivery employee. Charge packages and both copies of the customs mail entry to delivery employee on Form 2944, Receipt for Customs Duty Mail, prepared in duplicate. For control and accounting purposes, enter on Form

2944 the mail entry numbers as shown on the entry forms. Retain both copies of Form 2944 at post office as record of employee's accountability. Supply delivery employee with proper postage due stamps for use in collecting customs clearance and delivery fees prescribed in §§ 24.1(a) and 32.1(a).

(3) Signing customs entry forms. When customs charges are collected and delivery is made, delivering employee will obtain addressee's signature and date of delivery on the original Customs Form 3419, as well as on the receipt for registered and insured mail if required. The delivering employee will sign and date the addressee receipt copy of Customs Form 3419 and give it to the addressee as a receipt for the duty. The delivery employee will turn in amounts collected with the signed originals of Customs Form 3419 and any undelivered packages with both copies of the related Customs Form 3419.

(4) Clearing delivery employee—(i) At first-class offices. At first-class offices carrier's accountability will be cleared by completing the two copies of Form 2944 prepared pursuant to § 61.5 (c) (2) give both copies of completed Form 2944 to carrier who will deposit the original in the slotted and locked receptacle provided for that purpose and file the duplicate which he will retain for 3 months after the last day of the month of issue. The Forms 2944 shall be removed from the locked receptacle by an employee or supervisor, other than the clearing clerk, and forwarded daily to the chief accountant or other designated employee. Clearing clerk will send signed originals of Form 3419 to the chief accountant or other designated employee. Employees at delivery windows who have been charged with dutiable packages will be similarly cleared, but will be required to execute a new set of Form 2944 covering all dutiable packages remaining in their custody at the close of business.

(ii) At other offices. At other than first-class offices the delivery employees' accountability will be cleared in the same manner as for c.o.d. transactions.

(5) Addressee protests. When an addressee objects to the assessed value, rate, or amount of duty charged, the following alternatives are available.

(i) Addressee may take delivery, pay the duty and postal fees and protest (within 90 days from date duty is paid) directly to the issuing customs port.

(ii) Addressee may conditionally refuse the package pending review of the entry by the customs service. In this case, the procedure is as follows:

(a) Delivery employee will advise addressee to submit his objections in writing to the postmaster with any evidence he may have substantiating his claim (invoice, declaration of value, etc.). Encourage addressee to copy customs mail entry number and other particulars that will assist in associating his protest with the package at the post office.

(b) Delivery employee will mark package "Addressee protests duty," date and initial, and return the package and related Customs Forms 3419 to the post office to be held awaiting receipt of addressee's written protest. On receipt of addressee's statement, promptly prepare report, in duplicate, on Form 2937, Importers Objections. Forward original Form 2937, with supporting statements and both copies of mail entry, to customs mail division where entry was preparedunless addressee is located in vicinity of one of the customs ports listed in § 61.3 (d), in which case the original of the Form 2937, both copies of the mail entry and other documents may be delivered to the local Customs office for consideration of the protest. Retain the package with the duplicate of Form 2937 awaiting the decision of the Customs office. If Customs requests the package be submitted for inspection, the post office should comply.

(c) If the addressee's written protest is not received within 5 days after package is returned to post office, notify him that package is on hand and will be held for a further 5 days only. Mark package "Notified," and date, and if customer does not furnish the required statement within another week, endorse package "Unclaimed," show date, and treat as prescribed in §§ 61.5 (e) and (h).

(d) If an adjustment is made by the customs officer he will endorse the adjustment on the mail entries and return them with the original Form 2937 to the postmaster. When delivery of the package is effected, collect and report the corrected amount of duty and handle as prescribed in § 61.5 (d). If the adjusting customs officer waives the duty, report the entry as an uncollected item, as prescribed in § 61.5(e) (2).

(e) If no decision on a protest is received from the customs office within 30 days request that matter be expedited. Continue to hold package until a decision is received.

(iii) Addressee may definitely refuse the package if he does not wish to pay the duty or to protest the assessment. In this case the delivery employee shall' make it clear to addressee that package will be disposed of immediately as undeliverable. Employee will mark package "Refused," date and initial, and return package and entry forms to post office for disposal. (See § 61.5 (e).)

(d) Recording and reporting collections. Post offices making delivery-collection of dutiable articles will deposit the customs collections with postal funds. See Handbook F-1 for accounting and control functions, and the preparation of Form 2932, Customs Collections Summary.

(e) Uncollected items-(1) Disposal. When it is definitely established that a dutiable package is undeliverable, detach the customs mail entry forms and treat the package as prescribed in § 24.4 (for postal union articles) or in § 32.5 (b) (for parcel post). Mark the entry forms to show the reason for nondelivery and report as prescribed in § 61.5(e) (2).

(2) Reporting. Complete Form 2933, Register of Uncollected Customs Charges, in duplicate, listing uncollected items in numerical order according to the seven-digit serial numbers on the mail entries. Forward the original form 2933, accompanied with both copies of the mail entries and the supporting Customs Forms 3342 or other statements, if any, to the Regional Commissioner of Customs, Attention: Cashier, New York, NY 10004. File duplicate of Form 2933 for reference purposes. Prepare reports as needed, but not less frequently than weekly.

(3) Past-due entries. When the customs service fails to receive a remittance of duty or report of disposition made of a dutiable package, postmaster will receive a set of reproduced copies of the mail entry. Search shall be made at the post office of address and a report of the findings made to the Regional Commissioner of Customs, Attention: Cashier, New York, NY 10004.

(f) Refund of Duty—(1) Duty not refundable by postmasters. Amounts collected on customs mail entry forms are not refundable by postmasters. An addressee who requests a refund of duty shall be advised to make application to the customs office which issued the mail entry within 90 days from date duty is paid. It is suggested, if refund is claimed for damage, the article be forwarded with the application. If the

addressee wishes to abandon the article to the Government, he should so state in his application. In case the addressee also intends to file a claim for indemnity with the Postal Service, he shall, before taking the above action, present the contents, container, and complete wrapping to the postmaster for the inspection prescribed by form 2855, claim for indemnity-International Insured Mail.

(2) By Customs Service. Refund of duties paid will be considered by the Customs Service if merchandise, covered by a mail entry, representing 5 percent or more of the total value of all of the merchandise of the same class or kind entered in the invoice in which the item appears, is abandoned and delivered to the customs office where the entry was made within 90 days from the date duty was paid.

(3) On returned merchandise. Refund of duties paid less 1 percent will also be considered by the Customs Service if merchandise covered by a mail entry and found not to conform to sample or specification or shipped without the consent of the consignee is, within 90 days from the date of delivery, returned to customs custody for exportation, unless the Secretary of the Treasury authorizes in writing a longer time. The postal charges incident to returning the merchandise to the sender must be paid by the addressee. (4) As drawback on exported merchandise. See Part 57 of this chapter.

(5) No duty refund in certain cases. When an addressee requests delivery of parcel post packages to be made at his residence or place of business after the customs duty has been paid at the post office, the Treasury Department will not refund the duty when the goods are lost en route. There is no appropriation available from which the Postal Service could make reimbursement for the amount of duty paid.

(g) Duty-(1) Rates. Customers desiring information concerning rates of duty on articles imported into the United States, or other customs procedure, should communicate with the appropriate customs office, located at various points throughout the country (see § 61.3 (d)), or with the Commissioner of Customs, Treasury Department, Washington, DC 20226.

(2) Prepayment. No provision is made for the prepayment abroad of customs duty on mail shipments addressed for delivery in the United States.

(3) On return of exported articles. (i)

Before sending an article abroad for alterations, repairs, use or replacement, the owner should submit it to a customs officer for issuance of a certificate of registration. Otherwise the entire article may be subjected to customs duty when it is returned to the United States.

(ii) Due to the absence of customs officers in many parts of the country, customers often are unable to have articles registered with the Customs Service before sending them abroad or are able to do so only after considerable expense and inconvenience. As a service to postal customers, postmasters or employees they designate may certify to the exportation of articles being mailed abroad for alterration, repairs, use or replacement under the following conditions:

(a) The customer must reside in an area which is outside a 20-mile radius of a customs office. In addition to the offices listed in § 61.3 (d), customs officers are located at a number of additional points, and if a customer resides within a 20mile radius of any of those customs offices he must have the article certified by a customs officer.

(b) The customer presents the package containing the article to be exported at the post office in an open state, together with a set (original and duplicate) of Customs Form 4455, Certificate of Registration, completed and signed by the owner of the article being exported. Customers may obtain the forms from any customs office. The customer must also present a completed Postal Service customs declaration form (described in §§ 21.4 and 31.4), as may be appropriate for the class of mail to be used, describing the article in the same terms as on the customs form.

(c) The postmaster or designated postal employee checks to see that the description of the article to be exported is the same on both the customs and Postal Service forms, and if the description is the same he certifies to the mailing (lading) by signing the "Signature of Customs Officer" space on both copies of the customs form. Certificate of mailing fees of 10 cents shall be charged and accounted for by affixing a 5-cent stamp to each of the two customs forms and canceling with a legible impression of the post office date stamp.

(d) Both copies of the customs form are returned to the customer who inserts the original in the package so the foreign shipper can include it in his package and thus facilitate processing when the mer

chandise is returned. The customer retains the duplicate for possible use in clearing the merchandise on its return.

(e) After the customer has inserted the original form he closes the package and the postal employee accepts it in the usual manner.

(4) In other countries. See § 31.2(d). (h) Forwarding or returning dutiable mail-(1) Forwarding within the United States. Dispatch packages as prescribed in § 24.3 (a) (for postal union articles) or § 32.4(a) (for parcel post). Allow the Customs Forms 3419 to remain attached to the redirected package in its original envelope, which is also redirected to the new address. Prepare Form 3814, Record of COD Parcels Held for Delivery, in duplicate, showing name and address of addressee, forwarding address, and name of port where the duty was assessed. In Bin No. block on Form 3814, enter the seven-digit serial number from related Customs Form 3419. Mail original Form 3814 to the Director, Data Processing Services Division, 7981 Eastern Avenue, Silver Spring, Md. 20910. File duplicate of Form 3814 for reference in case of later inquiry.

(2) Forwarding to another country. See § 24.3 (b) concerning forwarding of postal union articles and §§ 32.4 (b) and (c) concerning forwarding of parcel post. When a dutiable package is entitled to be forwarded to another country, detach the Customs Forms 3419, endorse both copies "Addressee moved outside jurisdiction of the United States," and report as an uncollected item (see § 61.5 (e) (2)).

(3) Return to sender. When a dutiable package is to be returned to the sender, detach the Customs Forms 3419, endorse them "Refused," "Unclaimed," etc., and report as an uncollected item (see § 61.5 (e) (2)).

(4) By stations and branches. Postmasters may authorize stations and branches to forward or return packages directly from those, units, without sending the packages to the main office. [37 FR 22604, Oct. 20, 1972, as amended at 39 FR 27467, July 29, 1974]

SOURCE: 37 FR 22608, Oct. 20, 1972, unless otherwise noted.

§ 62.1 What is subject to inspection.

All packages which contain plants, plant products, soil, plant pests, or plant material used for packing are subject generally to plant quarantine inspection. § 62.2 Segregation and handling.

(a) Packages for inspection. Dispatch packages bearing green and yellow address labels to the Agriculture Department inspection points shown thereon. After inspection and clearance, mark packages "Release" or "Treated and Released," redirect to the addressees, and return to the mail for delivery.

(b) Packages exempt from inspection. Forward packages which bear Agriculture Department labels reading "Importation Authorized," if not damaged, directly for delivery to the addressees. If damaged, divert them for inspection as prescribed in § 62.2(c) after reconditioning if necessary.

(c) Nonauthorized importations. Forward packages containing the items mentioned in § 62.1 but not bearing any Agriculture Department labels or inspection stamps under seal to the postmaster at the most accessible place listed in § 62.3 marked "For plant quarantine inspection."

(d) Prohibited contents. Packages found on inspection to contain prohibited plant material may be released for delivery after removal of such material and insertion of a notice by the inspector; or the packages may be stamped "Refused entry" or similarly, in which case they shall be returned to origin.

§ 62.3 Inspection stations and offices.

Inspectors of the Plant Quarantine Division, Department of Agriculture, are stationed at the following places:

Hilo, HI.

Hoboken, NJ.1

Honolulu, HI.1

Houston, TX.
Jacksonville, FL.
Jamaica, NY.

(J. F. Kennedy
Airport).1
Key West, FL.
Laredo, TX.1

Los Angeles, CA.1

Memphis, TN.
Miami, FL.
Milwaukee, WI.
Mobile, AL.

Morehead City, NC.
New Orleans, LA.1
Newport News, VA.
New York, NY.
Nogales, AZ.

Norfolk, VA.

Pensacola, FL.
Philadelphia, PA.
Port Arthur, TX.

Portland, ME.

Portland, OR.

Presidio, TX.

1 Inspection stations.

Progreso, TX. Providence, RI. Roma, TX. Rouses Point, NY. St. Paul, MN. San Antonio, TX. San Bernardino, CA. (Norton AFB). San Diego, CA.1 San Francisco, CA.1 San Juan, PR.1 San Luis, AZ. Savannah, GA. Seattle, WA.1 Tacoma, WA. (McChord AFB). Tampa, FL. Toledo, OH. Trenton, NJ. (McGuire AFB). Tucson, AZ. Washington, DC.1 West Palm Beach, FL. Wilmington, DE. Wilmington, NC.

71.6 Use of Form 673, Report of Rifled Parcel.

71.7 Use of Form 3760, Wrapper Found Without Contents.

AUTHORITY: The provisions of this Part 71 issued under 39 U.S.C. 401, 407.

SOURCE: 37 F.R. 22608, Oct. 20, 1972, unless otherwise noted.

§ 71.1 Inquiries encouraged.

Customers are urged to report losses, nondelivery, or mistreatment of mail, as these reports may serve to improve the postal service. Inquiries and complaints are to be made at, or addressed to, the local post office. They are accepted within 1 year, counting from the day following the date of mailing.

§ 71.2 Nondelivery.

If an article has failed to reach the addressee within a reasonable time, after it should in regular course have been delivered, the post office will, on request, institute an inquiry with the foreign postal administration. Inquiry may be made even though the article was mailed

in another country. If the sender is unable to submit the registry (mailing) receipt for a registered article, he must make complaint at the office of mailing. § 71.3 Return receipts.

If the sender receives a return receipt not properly completed (see § 42.5 (d)), the receipt with the complaint is transmitted to the International Mail Classification Branch, Mail Classification Division, Finance Department, U.S. Postal Service, Washington, DC 20260. Follow procedure in § 42.5 (c) if customer has failed to receive a return receipt for which a fee was paid.

[37 FR 22608, Oct. 20, 1972, as amended at 39 FR 27467, July 29, 1974]

§ 71.4 Charges for inquiries.

(a) When applicable. No charge is made for an inquiry or complaint concerning the nondelivery of a piece of international mail if the sender has failed to receive a return receipt for which the required fee was paid or if he can show that loss or other irregularity has occurred apparently through fault of the Postal Service. Such a showing is satisfied either by exhibiting a letter from the addressee a reasonable time after the article involved would normally have been delivered; or satisfactorily explaining the failure to exhibit such a letter or report. Otherwise, a charge of 35 cents is 'made, postage stamps to cover the fee being affixed to the inquiry form and canceled. The inquiry or complaint is transmitted by airmail, if practicable.

(b) When several articles involved. Only one fee is collected for inquiries or requests for information concerning several articles mailed simultaneously by the same sender to the same addressee.

(c) Telegraph inquiry. If the sender desires that the inquiry be sent by telegraph or cable, his request must be accompanied with an amount sufficient to pay the telegraph or cable charges, and if a reply by telegraph or cable is desired, the sender must pay the charges both ways. Such request should be forwarded to the postal inspector in charge of the division in which the office mailing or address is located.

[37 FR 22608, Oct. 20, 1972, as amended at 39 FR 27467, July 29, 1974]

§ 71.5 Processing.

(a) Mail exchanged with Canada-(1) Registered and ordinary—(i) Inquiries as to disposition or complaints of loss—