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PART 252-COMMERCE DEPART- § 252.2

MENT REGULATIONS (COMMODI-
TIES AND TECHNICAL DATA)

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§ 252.1

Scope and applicability.

(a) The Bureau of International Commerce, Department of Commerce, controls all exportations, except for certain commodities and technical data licensed for export by other U.S. Government agencies, to all countries other than Canada (with the exception that validated export licenses are required for certain types of technical data to Canada). Mailers must inform themselves as to the regulations and comply with them in making any exportations of commodities and technical data as parcel post or postal union mail. A brief summary of the regulations as they apply to mail shipments is given in this part. Additional information is available from a Commerce Department bulletin entitled "Public Notice Requirements for Exports by Mail" on bulletin boards in first-, second-, and third-class post offices and in classified stations and branches. Mailers desiring further information may make inquiry of the Exporters' Service Section, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230 or of any field office of that department. A list of field offices is included in the above-mentioned public notice.

(b) Postal employees will not advise prospective mailers as to the type of license applicable to any commodities or to any destination, except that licenses are not required for shipments to Canada other than certain types of technical data. However, before accepting parcels employees should satisfy themselves that the mailers have complied with the regulations so far as they are applicable. A checklist for this purpose is printed opposite Chart 1 in the appendix to this subchapter.

General licenses.

(a) Definition and use. A general 11cense established by the Bureau of International Commerce is not a specific document, but is a general authorization covering exportations within its provisions, each general license being designated by symbol, such as G-DEST, GLV, GIFT, GUS, etc. A brief description of the general licenses usually used for mail shipments is given in this section. Further information can be obtained as set forth in § 252.1(a). When a prospective mailer finds that the contents of his package are properly exportable under a general license, unless it contains only printed matter or technical data (see paragraph (e) of this section), he must mark the wrapper with the appropriate symbol and the words "Export license not required" before presenting it at the post office. The postal clerk may accept any package so marked unless the symbol is obviously being misused. The marking certifies that the mailer has complied with the regulations governing the use of the general license denoted by the symbol. No marking is required on wrappers of packages containing printed matter and technical data mailed under general licenses G-DEST, GTDP, GTDU, and GTDS.

(b) Restricted destinations. The Commerce Department imposes particular restrictions on exports to Rhodesia; to Cuba; to the Far Eastern Communist countries (Continental China, Tibet, Inner Mongolia, North Korea, and the Communist-controlled area of Vietnam); to the following countries in the Eastern European Soviet bloc: Albania, Burgaria, Czechoslovakia, Estonia, East Germany (Soviet Zone including Soviet Sector of Berlin), Hungary, Latvia, Lithuania, Outer Mongolia, and U.S.S.R.; and to Hong Kong and Macao. Packages for these areas may not bear any general license except as follows:

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• For Cuba and the Far Eastern Communist countries, general license G-DEST may be used only for unclassified printed matter and developed motion picture film. For Rhodesia it may be used only for foods, clothing, medicines, and drugs, certain medical supplies, phonograph records, developed films, and printed matter considered to be of humanitarian or educational necessity. Parcel post and postal union packages of merchandise not accepted for Cuba and Far Eastern Communist countries.

General licenses GTDP and GTDS for technical data, requiring no symbol on the package, may be used for any of the restricted destinations named above; and GTDU, also requiring no symbol on the package, may be used for Rhodesia, Hong Kong, and Macao.

(c) General license gift. (1) This 11cense covers gift packages mailed by or on behalf of an individual sender to an individual addressee for the personal use of the latter or his family, or to a religious, charitable, or educational organization. The contents are limited to items normally sent as gifts, such as food, clothing (except military clothing to destinations named in paragraph (b) of this section), medicinals and drugs. When in doubt as to whether specific articles are exportable, consult the Commerce Department's "Public Notice" on post office bulletin boards, or inquire of the Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230, or any Commerce Department field office.

(2) The value of the contents of a package is limited to $100.

(3) Not more than one gift package may be mailed per week by the same sender to one addressee under this general license.

(d) General licenses G-DEST and GLV. General license G-DEST may be used for any shipment, regardless of quantity, unless the Commerce Department's "Commodity Control List" indicates that a validated license is required. General license GLV may be used for certain types of small value shipments to which G-DEST does not apply. Except for Hong Kong and Macao to which certain commodities may be shipped up to $25 in value, general license GLV may not be used for destinations named in paragraph (b) of this section.

(e) Printed matter and technical data. Miscellaneous printed matter exported under general license G-DEST and technical data under licenses GTDP, GTDS,

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(a) Definition and use. A "validated license" is an individual document issued by the Bureau of International Commerce, authorizing a specific exportation. Further information can be obtained as set forth in § 252.1(a). Before mailing a shipment under a validated license, the sender must put the license number on the wrapper.

(b) Export declaration required. An export declaration (see part 251 of this chapter) is required for every shipment covered by a validated license, except technical data. However, partial shipments of technical data must comply with paragraph (c) of this section.

(c) Mailing under validated licenses. In making a shipment against a validated license, the mailer must surrender the license at the post office regardless of whether the total quantity shown on the license is mailed. However, if only a part of the licensed quantity is mailed, the mailer may, as an alternative, deposit the license with a collector of customs and surrender at the post office a shipper's export declaration (Commerce Form 7525-V) bearing the number of the license and an authorization dated and signed by the collector or by his representative for shipment of the goods shown on the declaration. This is in addition to the declarations required by Part 251 of this chapter and paragraph (b) of this section.

(d) Technical data licenses. Licenses issued by the Bureau of International Commerce for exportations of technical data are similar in form to the usual type of validated license, but no shipper's export declaration is required, except for partial shipments. (See paragraph (c) of this section.)

(e) Processing in post offices. (1) Entire shipments. The postal employee

must see that the correct license number is shown on the wrapper of every package presented for mailing with a validated license. The number appears in the upper right portion of the license, adjacent to the validation stamp of the Bureau of International Commerce. Compare the contents as shown on the customs declaration (or as stated by the mailer in the case of shipments mailed as printed matter) with the commodities stated on the license and on the shipper's export declaration when required. If no discrepancy is noted and the package is mailable, accept it and take the license and export declaration (if required) from the mailer. Write "Completed" on the back of the license and apply postmark. Send the license to the Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230. Postmark the export declaration and dispose of it as instructed in § 251.5 of this chapter.

(2) Partial shipments. When a mailer presents an authenticated export declaration with a partial shipment in lieu of a validated license, as prescribed in paragraph (c) of this section, take the authenticated declaration, postmark it and send it to the Bureau of International Commerce. If a validated license is presented with a partial shipment, take it up and dispose of it in the same manner as for an entire shipment. § 252.4 Distribution licenses.

(a) Definition and use. A distribution license is a "bulk-type" validated license under which certain commodities in prescribed amounts over a period of a year may be sent to Australia, Belgium, Denmark, France, Germany (Federal Republic), Great Britain and Northern Ireland, Greece, Italy, Japan, Luxembourg, Netherlands, and Norway.

(b) Mailing under distribution license. The distribution license number, which is prefixed by "H" or "V" must be written by the mailer on the address side of the wrapper of each parcel mailed under such license. The license need not be presented. A shipper's export declaration (see Part 251 of this chapter) is required for each shipment.

[34 F.R. 1384, Jan. 29, 1969]

§ 252.5 Export control inspections.

Parcels are subject to inspection by U.S. customs officers at dispatching exchange post offices. If violations of export control are detected, the parcels

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Exportation of certain arms or implements of war and related technical data requires individual licenses issued by the Office of Munitions Control, Department of State. Firearms subject to license include nonautomatic and semiautomatic rifles, carbines, revolvers, and pistols, except those of .50 caliber or less manufactured prior to 1898; also all machineguns, submachineguns, machine pistols, and fully automatic rifles. The mailer can obtain information as to the applicability of the State Department requirements and how to apply for individual licenses from the Office of Munitions Control, Department of State, Washington, D.C. 20520.

§ 253.2 Mailings under license.

When the entire amount authorized by an individual license is mailed, the sender must surrender the license at the post office. If only a portion of the amount authorized is mailed, the sender must enter on the back of the license the amount being shipped and present it at the post office, where the accepting clerk will postmark it and return it to the mailer.

§ 253.3 Processing licensed mailings.

(a) When a mailer presents a State Department license, the accepting clerk will compare the commodities or data indicated on the license with the contents as shown on the customs declaration or as stated by the mailer in the case of technical data mailed as printed matter. If no discrepancy is noted, and the contents are mailable under Part 125 of this

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Technical data that has been published or is otherwise exempt from licensing under 22 CFR 125.30 does not require individual State Department license for exportation. The mailer must mark the wrapper "22 CFR 125.30 * applicable," identifying the specific subsection under which the exemption is claimed. Exportations under this exemption may not be made to the Soviet Union, any Soviet bloc country, Communist China, or the Communist controlled area of Vietnam.

§ 253.5 Government shipments.

Shipments mailed by an agency of the U.S. Government require no license from the Department of State and no endorsement relating to 22 CFR 125.30 is needed on the wrapper.

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ury Department, with a copy of the license.

§ 254.2

Gold held by nonresidents.

Gold in any form other than coin is mailable without a license and specific instruction, if it is not held or owned by a person who is a resident of or domiciled in the continental United States. In such a case the mailer must place on the wrapper of the package and on the shipper's export declaration when required (see § 251.1 of this chapter) a statement that the gold contained therein is held or owned by a person who is not a resident of, or who is not domiciled in, the continental United States.

§ 254.3 Fabricated gold.

(a) Definition. Fabricated gold is defined by the Treasury Department as processed or manufactured gold in any form (other than gold coin or scrap gold) which has a gold content the value of which does not exceed 90 percent of the total domestic value of the processed or manufactured gold and which has in good faith and not for the purpose of evading or enabling others to evade the provisions of the Gold Reserve Act of 1934, the act of October 6, 1917, as amended, or the regulations of the Treasury Department, been processed or manufactured for some one or more specific and customary industrial, professional, or artistic uses. Fabricated gold is to be distinguished from semiprocessed gold, which may be exported only pursuant to Treasury License, and which is defined to include gold articles of which more than 90 percent of the total domestic value is attributable to the gold content thereof.

(b) Mailing restricted. Fabricated gold is acceptable for mailing without being licensed by the Treasury Department and without specific instructions from the Post Office Department. However, the shipper is required to endorse the wrapper of the package with the Bureau of Census Schedule B statistical classification number of each specific commodity contained therein. The shipper's export declaration, when required (see § 251.1 of this chapter) shall contain, in addition to a specific description of the contents of the package, the following notation: "Fabricated gold as defined by section 54.4 of the Gold Regulations, being exported pursuant to the authorization contained in section 54.25 (b) (2) of such regulations."

(c) How to determine. To determine whether an article is semiprocessed or fabricated gold, the value of the gold content is computed at $35 per fine troy ounce of gold and the total domestic value is determined on the basis of the cost of the article to the owner and not the selling price. In the case of a manufacturer or processor, the allowable elements of such value are the cost of material in the article, labor performed on the article and processing losses and overhead applicable to the manufacturer or processing of such article. In the case of a dealer or other person who holds or disposes of gold without further processing, total domestic value includes only the net purchase price paid by such person and any transportation costs incurred in obtaining delivery of such article to his usual place of business.

(d) Gold coin made prior to April 5, 1933. Gold coin made prior to April 5, 1933, is acceptable for mailing without being licensed by the Treasury Department and without specific instructions from the Post Office Department. However, the shipper's export declaration, when required (see § 251.1 of this chapter) shall contain, in addition to a specific description of the package, the following notation: "Rare gold coin as defined by section 54.20 of the Gold Regulations, being exported pursuant to the authorization contained in section 54.25 (b) (3) of such regulations."

§ 254.4 Gold coin, bullion, or gold dust.

The acceptance in the postal union mail or parcel post for any country of any consignment of gold coin, gold bullion, or gold dust, having a value in excess of $100 is prohibited, even though a license has been granted to export such gold coin, gold bullion, or gold dust.

§ 254.5 Where to obtain licenses.

The shipper may obtain the forms on which to apply for licenses to export gold from the Bureau of the Mint Treasury Department, Washington, D.C. 20220.

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SOURCE: The provisions of this Part 255 appear at 32 F.R. 12277, Aug. 24, 1967, unless otherwise noted.

§ 255.1 Dried whole eggs.

(a) Endorsements. When dried whole eggs purchased under a program of the Commodity Credit Corporation, Department of Agriculture, are offered for export by mail, an endorsement must be written or stamped on each package by the sender waiving any right to withdraw it from the mail or have it returned. The endorsement must be properly completed and signed by the exporter or his authorized representative over his title. The parcel post forms accompanying such parcels should be completed by the senders to indicate that the parcels are to be abandoned in case of nondelivery.

(b) Certificates. A certificate in the following form, prepared and completed by the sender, must be presented with the shipment:

CERTIFICATE OF MAILING DRIED WHOLE EGGS

I hereby certify that there has (have) been posted at this post office today by (Sender), parcels containing a total of (Number) pounds of dried whole eggs on which the sender has waived the right to withdraw same from the mails or have same returned. Parcels addressed to:

(Names and addresses of addressees) (Office stamp)

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A single certificate may cover any number of parcels mailed by the same sender even though addressed to different countries. A charge of 5 cents will be made for each certificate of mailing issued to the sender, or for each parcel when a single certificate covers more than one parcel. Postage stamps to cover the charge for the certificate of mailing shall be affixed to the certificate and canceled by the postmark of the office of mailing. After postmarking, the certificate will be signed by the postmaster or his authorized representative and returned to the sender.

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