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132.5 (d) of this chapter), the receipt with the complaint is transmitted to the International Service Division, Bureau of Transportation, Post Office Department, Washington 25, D.C.

8 161.4 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 20 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, where 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, it 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.

§ 161.5 Processing.

(a) Mail exchanged with Canada—(1) Registered and ordinary—(i) Mailed in United States. (a) Inquiries as to disposition or complaints or loss are reported on Form 1510 "Complaint for loss or rifling of mail". Enter dispatch particulars (except ordinary parcels) from mailing office on back of the form, and send it to the postmaster at the office of address in Canada.

(b) Complaints of rifling, damage, delay, or wrong delivery are reported on Form 1510, suitably altered, to the postal

Provinces:

Alberta -.

British Columbia.

Mackenzie Territories.. Manitoba

New Brunswick.

inspector in charge of the division in which the office of mailing is located, with the envelope or wrapper, if available.

(ii) Mailed to United States. (a) Inquiries as to disposition or complaints of loss are reported on Form 1510 and sent to the postmaster at the office of mailing in Canada. If the registry receipt is not available, ask the complainant to have inquiry made at the office of mailing.

(b) Complaints of rifling, damage, delay, or wrong delivery are reported on Form 1510, suitably altered, to the postal inspector in charge of the division in which the office of address is located with the envelope or wrapper, if

available.

(c) Inquiries of Canadian origin. Post offices will return Canadian inquiries, appropriately endorsed with the result of their findings, to the point in Canada from which received. If loss of mail to or from Canada is disclosed, report the matter on Form 1510 to the postal inspector in charge of the division in which the office of mailing or destination is located. In the case of mail from Canada, the necessary information should be obtained from the Canadian inquiry form before it is returned.

(2) Insured parcels-(i) Mailed in United States-(a) On inquiries as to disposition, complete Form 2855 "Claim for indemnity International Insured Mail" and send to the postmaster at the office of address in Canada. If delivery is disclosed, the endorsed form will be returned to the office of mailing. If loss or rifling is disclosed, the Canadian officials will send the form to the Postmaster, Chicago 7, Illinois. Should a form disclosing loss or rifling be sent by mistake to the postmaster at the office of mailing, send it promptly to the Postmaster in Chicago.

(b) On complaints of prima facie loss, rifling, damage, delay, or wrong delivery, complete Form 2855 and send to the Canadian District director of Postal Service in the province in which the office of address is located, as follows:

Location of district directors

Calgary, Alberta, Canada.

Vancouver, British Columbia, Canada.

Edmonton, Alberta, Canada.

Winnipeg, Province of Manitoba, Canada. St. John, New Brunswick, Canada.

Provinces:

Newfoundland (including Labrador) Nova Scotia___.

Ontario

Prince Edward Island_.

Quebec

Saskatchewan

Yukon Territory--.

If the complaint is one of loss or rifling, also complete Form 1510, showing on what date Form 2855 was sent to Canada, and send it to the postal inspector in charge of the division in which the office of mailing is located.

(c) If application for indemnity is received on Canadian Form 43A, bearing information supplied by the addressee and the Canadian Postal Service for damage or rifling, complete the Form 43A, in lieu of Form 2855, "Claim for Indemnity-International Insured Mail," and forward to the Postmaster, Chicago 7, Illinois.

(ii) Mailed to United States. (a) If a complaint of loss, rifling, damage, delay or wrong delivery originates in the United States, complete Form 1510 and send parts II and III of the original to the postmaster at the mailing office in Canada together with the packing of the parcel if available. If the packing has been destroyed or otherwise disposed of, the complaint shall be endorsed accordingly. If complaint is of loss or rifling send a copy of part II of Form 1510, endorsed to show disposition of the original to the postal inspector in charge of the division in which the office of destination is located.

(b) Upon receipt of a Canadian indemnity form, it shall be properly completed and returned to the Canadian District Director of Postal Service from whom the form was received. Where obtainable in cases of rifling or damage, the packing of the parcels shall be transmitted to the Canadian Administration with the indemnity form. If the packing has been destroyed or otherwise disposed of, the form shall be endorsed accordingly.

CODIFICATION: In paragraph (a) (2) (ii) (a) the word "damage," was inserted after the word "rifling," 25 F.R. 1619, Feb. 25, 1960.

(b) Mail exchanged with countries other than Canada-(1) Registered mail-(i) Mailed in United States-(a) Inquiries as to disposition or complaints

Location of district directors St. John's Newfoundland, Canada. Halifax, Nova Scotia, Canada. Toronto, Ontario, Canada.

Saint John, New Brunswick, Canada. Montreal, Province of Quebec, Canada. Saskatoon, Saskatchewan, Canada. Vancouver, British Columbia, Canada.

of loss. First- and second-class offices report on Form 542 and third- and fourth-class offices on Form 1510. Insert particulars of dispatch from the office of mailing and send form to the postal inspector in charge of the division in which the office of mailing is located.

(b) Complaints of rifling, damage, delay, or wrong delivery. Report on the same form and process as prescribed in paragraph (a) (1) (i) (b) of this section.

(ii) Mailed to United States—(a) Inquiries as to disposition or complaints of loss. Report on the same forms as prescribed in subdivision (i) (a) of this subparagraph, with the certificate of mailing, if available, to the postal inspector in charge of the division in which the office of address is located. If the registry receipt is not available, ask the complainant to have inquiry made at the office of mailing.

(b) Complaints of rifling, damage, delay, or wrong delivery. Report on the same form and process as prescribed in paragraph (a) (1) (ii) (b) of this section.

(2) Insured mail — (i) Mailed in United States—(a) Inquiries as to disposition (as distinguished from prima facie loss) and delay. Report on the same forms and process as prescribed in paragraph (b) (1) (i) (a) of this section, except report complaints of delay as prescribed in paragraph (a)(1) (i) (b) of this section.

(b) Prima facie loss, rifling, damage, or wrong delivery. Report on Forms 2855 and 1510, suitably altered, and accompanied with the correspondence received by sender from the addressee on which the complaint is based. Send the forms to the postmaster at the appropriate adjusting exchange office shown in § 162.2(f) of this chapter.

(ii) Mailed to United States-(a) Inquiries as to disposition (as distinguished from prima facie loss) and delay. Report on the same forms and process as prescribed in paragraph (b) (1) (i) (a) of this section, except report complaints

of delay as prescribed in paragraph (a) (1) (ii) (b) of this section.

(b) Prima facie loss, rifling, damage, or wrong delivery. When complaint is made at the office of address, enter the mailing particulars on Form 2855, complete declaration of postmaster-office of address portion, and obtain declaration of addressee. Forward the form and any related papers, including the cover, to the postmaster at the appropriate adjusting exchange office shown in § 162.2(f) of this section.

(3) Ordinary mail, mailed in or to United States-(i) Inquiries as to disposition or complaints of loss. Report on Form 541 (postal union mail) or 540 (parcel post mail) by first- and secondclass offices, and on Form 1510 by thirdand fourth-class offices to the postal inspector in charge of the division in which the office of mailing or address is located.

(ii) Complaints of rifling, damage, delay, or wrong delivery. Report on Form 1510, suitably altered, to the postal inspector in charge of the division in which the office of mailing or address is located, with the envelope or wrapper, available.

if

CODIFICATION: In paragraph (b) (2) (i) (a) the first reference was amended to read "(b) (1) (i) (a)", 25 F.R. 1619, Feb. 25, 1960.

§ 161.6 Parcels found in mail devoid of

contents

Report on Form 673, Report of Rifled Parcel.

PART 162-INDEMNITY CLAIMS AND PAYMENTS

Sec.

162.1 Initiation and proof of claims. 162.2 Indenmity payments.

AUTHORITY: §§ 162.1 and 162.2 issued under R.S. 161, as amended, 396, as amended, 398, as amended; 5 U.S.C. 22, 369, 372.

SOURCE: §§ 162.1 and 162.2 appear at 25 F.R. 1124, Feb. 9, 1960, except as otherwise noted. § 162.1 Initiation and proof of claims.

(a) Forms to be used. Postmasters will supply patrons with the proper forms to be used in applying for indemnity stipulated in § 162.2 for insured and registered mail of United States origin.

(b) Documents to accompany claims. Claimants must submit the report from the addressee on which the claim is

based and any evidence of value, or cost of repairs such as purchase receipts or invoices.

§ 162.2 Indemnity payments.

(a) Registered postal union articles(1) Canada. Indemnity may be paid not to exceed $25.00, based on actual value, for loss (contents and wrapper) in either Canada or the United States and for damage or rifling of contents when responsibility rests with the United States.

(2) PUAS countries (see § 101.2 of this chapter) except Canada. Indemnity may be paid in any amount claimed not exceeding $3.27 for loss (contents and wrapper), regardless of value; and, when responsibility rests with the United States only, not exceeding $3.27 on the basis of actual value for damage or rifling of contents (including instances where money in cash, bank notes, or values payable to bearer are prohibited by international agreements).

(3) Great Britain and Northern Ireland and Switzerland. Indemnity may be paid in any amount claimed not exceeding $8.17 for loss (contents and wrapper), regardless of value; and, on the basis of actual value, irrespective of country responsible, for rifling or total damage of an article in a registered packet, but not exceeding $8.17. If United States responsibility, payment may also be made for partial damage, but not exceeding $8.17.

Indemnity

(4) All other countries. may be paid in any amount claimed not exceeding $8.17 for loss (contents and wrapper), regardless of value; and, when responsibility rests with the United States only, not exceeding $8.17 on the basis of actual value for damage or rifling of contents (including instances where money in cash, bank notes, or values payable to bearer are prohibited by international agreements).

(b) Registered parcel post-(1) Cape Verde Islands and Portuguese West Africa. Indemnity may be paid up to $16.33, based on actual value, for loss, rifling, or damage.

(2) Cuba. Indemnity may be paid up to $10 for loss (contents and wrapper), based on actual value.

(3) Ecuador. Indemnity may be paid up to $50.00, based on actual value, for loss, rifling, or damage, in accordance with the registry fee paid.

(4) Other countries. Although parcels may be registered to Belgian Congo, Bermuda, British Honduras, Jamaica, Trinidad and Tobago, and Turks Islands, there is no provision for payment of indemnity in case of loss, rifling or damage of such parcels.

(c) Insured parcel post-(1) General provisions. Indemnity may be paid for loss, rifling, or damage, based on actual value, in accordance with the insurance fee paid.

(2) Forwarded or returned to third country. The mailer may be paid only such indemnity for loss, rifling, or damage occurring after redispatch by the original country of address to a third country as the country in which the mistreatment occurred is willing or obligated to pay under any agreement between the countries involved.

(3) Canada. Indemnity may be specially paid as provided in paragraph (c) (1) of this section for loss, rifling, or damage of insured parcels addressed to Canada containing articles prohibited insurance. See country item Canada in § 168.5 of this chapter.

(4) Bahamas. Indemnity may be paid up to $165 for loss (contents and wrapper) or rifling based on actual value.

(d) Principal exceptions.-Indemnity may not be paid:

(1) In excess of the value of the contents of an insured or registered parcel or greater than that corresponding to the actual amount of loss, rifling, or damage referred to in paragraphs (a), (b), and (c) of this section, except in the case of loss of registered postal union mail. Allowance must be made for depreciation or for needed repairs, and, in the absence of purchase receipts or invoices, the contents must be described in sufficient detail.

(2) For damage to postal union registered articles or partial or complete loss, or rifling of the contents of postal union registered articles, except as stated in paragraph (a) of this section.

(3) As a rule, in case of parcels reported by other countries as having been delivered without external trace of rifling or damage and accepted without reservation as to the condition of the contents.

(4) When it is established that delivery was made under the conditions prescribed by the domestic regulations of the country of destination for mail of the same kind, or, upon presentation of a regular postal identity card.

(5) When loss, rifling, or damage has been caused by the fault or negligence of the sender or the addressee or the representative of either, such as failure to endorse the parcel conspicuously to show the nature of the contents, or, to provide adequate packing for the length of the journey and for the protection of the contents.

(6) When an article or parcel cannot be accounted for in consequence of the destruction of service records through force majeure.

(7) When the contents are prohibited, except as stated in paragraphs (a)(2), (a) (4) and (c) (3) of this section.

(8) When the claimant, with intent to defraud, shall declare the contents of a parcel to be above their real value.

(9) For an article or parcel seized by the customs.

(10) In the case of parcels which contain matter of no intrinsic value or matter which did not conform to the stipulations of the conventions applicable, or which were not posted in the manner prescribed. However, in the event of loss, rifling, or damage in this country of mail erroneously accepted for insurance to other countries, limited indemnity may specially be paid as if it had been addressed to a domestic destination, i.e., on the basis of the indemnity limits for domestic insured mail. If erroneously accepted as registered mail limited indemnity may be specially paid under the conditions in paragraph (a) of this section. If postage was erroneously collected at other than parcel post rates, but the parcel was otherwise properly accepted for insurance, indemnity may specially be paid under paragraph (c) of this section.

(11) For indirect loss or loss of profits in the case of parcels.

(12) When no inquiry or application for indemnity has been made by claimant or his representative within a year commencing with the day following the posting of the article or parcel. In the case of insured mail with Canada, how

ever, the time limit may be waived when it is satisfactorily established that the delay was unavoidable and not the fault of the claimant.

(13) For damage which results from the inherent vice or quality of the contents, that is, its inability, due to its nature, to withstand the ordinary incidents of the contemplated carriage.

(14) When full compensation or reimbursement has otherwise been made by the Post Office Department or by any outside firm or corporation whatsoever except on a pro rata basis as coinsurer.

(15) For sentimental values arising from association of articles. Also, in the absence of a complete description, the claimant must satisfactorily establish the ordinary market value at the time of mailing, particularly in the case of heirlooms or antiques.

(16) For an amount in excess of the maximum prescribed for the insurance or registry fee paid unless responsibility rests with the United States and it shall be shown to the satisfaction of the Postmaster General that the mailer was charged a fee less than that required to cover the amount of indemnity desired, through error on the part of the Postal Service. Upon such a showing, the deficiency in fee may be collected from the mailer and postal indemnity paid within the limit fixed for the higher fee. If full or partial responsibility rests with the other country and the mailer requested full coverage at the time of mailing, but a deficient and unauthorized insurance fee was collected, he may be paid for full value, less the amount of the deficient fee, but not exceeding the limit fixed for the appropriate insurance fee. (17) For loss of articles registered free.

(18) When evidence of insurance coverage has not been presented.

(e) When to be instituted. Claims for indemnity involving international registered mail, as well as insured mail for which inquiry concerning disposal has been made, shall be instituted only upon instructions from the Postal Inspection Service, except where otherwise specifically provided for in § 161.5(a) (2) (i) of this chapter for insured mail to Canada. (R.S. 161, as amended, secs. 501, 505, Pub. Law 86-682 (74 Stat. 580, 581); 5 U.S.C. 22,

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and 163.2

issued

AUTHORITY: §§ 163.1 under R.S. 161, as amended, 396, as amended, 398, as amended; 5 U.S.C. 22, 369, 372.

SOURCE: $ 163.1 and 163.2 appear at 25 F.R. 1126, Feb. 9, 1960.

§ 163.1 Who may apply.

Senders may file application as outined in §37.2(b) of the chapter for refund of postage, fees, or other charges paid on international mail for which full service was not rendered or which was paid in excess of the proper rate.

163.2 Processing.

Post offices will process applications where the request relates to mail originating in the United States, unless there is reason to believe that the other country is at fault. Forward the application to the International Service Division, Bureau of Transportation, Post Office Department, Washington 25, D.C., where there is reason to believe that the other country is at fault or when the request relates to mail originating in another country.

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