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(b) Endorsement of package. The sender must mark the wrapper of the package "Tobacco seed and plant export permit No. ‒‒‒‒‒‒.”

(c) Surrender of permit. The permit is to be presented by mailer at the time of mailing. It will be postmarked and signed by the accepting postal employee. The permit will be retained by the post office and forwarded to the Tobacco Division, Consumer Marketing Service, Department of Agriculture, Washington, D.C. 20250.

(d) Charges. A charge of 5 cents will be made for each permit presented by the sender and for each package or parcel when a single permit covers more than one parcel. Postage stamps to cover the charge shall be affixed to the permit and canceled by the postmark of the office of mailing.

PART 256-CONSULAR AND

COMMERCIAL INVOICES

§ 256.1 Consular and commercial invoices.

Many countries require special documents to be prepared by the sender and either presented by the addressee or enclosed within the package. In some cases, certification by a recognized Chamber of Commerce in the United States, or legalization by a Consulate of the country of destination, or both, are required. The mailer may inquire at the post office for information, or purchase the Directory of International Mail from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. See § 114.2 of this chapter. (5 U.S.C. 301, 39 U.S.C. 501, 505) [32 F.R. 12278, Aug. 28, 1967]

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(b) Instructions to postmasters. (1) Postmaster's certificate. Postmark and sign the "Postmaster's Certificate" on the reverse side of Customs Form 7511-A or 7511-B, after verifying the marks and numbers on the form with those on the package and noting the presence of the sender's signed statement waiving the right to withdraw the package from the mail.

(2) Disposal of forms. Dispose of completed Forms 7511-A and 7511-B as follows:

(i) Return one copy to the mailer.

(ii) Forward one copy to the collector of customs at the port where the claim is to be filed (shown on the front of the form).

(iii) Retain one copy as an office record. Dispose of this copy after 3 years. § 257.3 Obtaining forms.

Exporters may obtain Customs Form 3413, 7511-A and 7511-B from collectors of customs.

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(a) Exchange offices. Articles believed liable to customs duty are submitted immediately to local customs officers or redispatched for customs treatment to designated distribution offices. In the latter case, exchange offices will attach Label 81, a reusable pink slotted tag, bearing the words "This sack contains mail supposed liable to customs duty," to the label holders or hasps of sacks or pouches containing matter to be submitted to customs officers.

(b) Distribution offices. Distribution offices will submit articles supposed liable to customs duty to customs officers as soon as possible after receipt. The reusable tags, Label 81, removed from sacks containing this mail will be returned periodically to the postmasters at New York, New Orleans, San Francisco, Seattle, or Miami, as may be appropriate from a geographical standpoint.

(c) Priority treatment of airmail. Airmail articles receive preferential customs treatment and are submitted to customs separately from surface mail. Upon return from customs, dispatch will be by air if it will expedite delivery.

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(a) Authority to open sealed articles. Sealed letters and letter packages containing merchandise should bear a green label (Form C 1) or an endorsement permitting the customs officer to open the article for examination. In the absence of a label or endorsement, the post office will obtain the addressee's signed authority for opening on Form 2921, "Held Notice-International Mail." If such authority is not granted within 15 days after the first notice, send a second notice. If no response is received from the second notice after an additional 15day period, endorse the article "Un

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claimed" and return it to origin. Sealed parcel post is opened without any formality.

(b) Registered and sealed articles. The postmaster or other designated postal employee must be present when registered articles and parcels or sealed letter mail is opened by customs officers for examination. After customs treatment, the postal employee will repack and reseal letter packages in the presence of the customs officer who participated in the opening. Repack the article in the same or better condition than when it was opened. If the article was received in a special penalty envelope which can be reused, forward the article in that envelope; otherwise reseal the article and apply the official adhesive seal of the Post Office Department. Sign or initial the envelope or wrapper of each article.

(c) Extraction of samples for advisory information. Should a customs officer wish to obtain advisory information from a local trade expert or the Customs Information Exchange, 201 Varick Street, New York, N.Y. 10014, permit him to extract a sample of the contents. The customs officer will furnish the postal official with two copies of Customs Form 6423, one for enclosure in the importation

and the other for the

post office files. If the sample is to be forwarded to New York, dispatch it under official registration to the New York Postmaster for delivery to the Customs Information Exchange.

(d) Failure to receive customs examination. Should an article known or supposed to be dutiable be observed at or en route to the office of address without having received customs treatment, forward it, labeled "For Customs Inspection," under seal to the postmaster at the appropriate office listed in paragraph (e) of this section. Packages that have received customs treatment will bear endorsements such as "Examined by U.S. Customs at Duty to

be Collected, Duty Paid, or Passed Free of U.S. Customs at

"

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299

Calexico

Eureka

Los Angeles

San Diego

San Francisco

COLORADO:
Denver
CONNECTICUT:
Bridgeport
Hartford
New Haven

New London
DELAWARE:

Wilmington

DISTRICT OF

COLUMBIA: Washington

FLORIDA:

Jacksonville
Key West

Miami

Pensacola

Port Everglades

Tampa

West Palm Beach

GEORGIA:

Atlanta

Savannah

HAWAII:

Honolulu

ILLINOIS:

Chicago

Peoria

INDIANA:

Evansville
Indianapolis
Lawrenceburg

KENTUCKY:
Louisville
LOUISIANA:

Baton Rouge
Lake Charles
Morgan City
New Orleans

MAINE:

Bangor
Portland

MARYLAND:

Baltimore

MASSACHUSETTS:

Boston

Lawrence

Springfield

Worcester

MICHIGAN:

Detroit

Port Huron

Sault Ste. Marie

MINNESOTA:

Duluth

International

Falls
Minneapolis
Noyes
St. Paul

MISSISSIPPI:
Gulfport
MISSOURI:
Kansas City
St. Louis

MONTANA:
Great Falls
NEBRASKA:
Omaha

NEW MEXICO:

Columbus
NEW YORK:
Albany
Buffalo
New York
Niagara Falls
Ogdensburg
Rochester
Rouses Point

Syracuse

NORTH CAROLINA:

Charlotte
Wilmington
Winston-Salem
NORTH DAKOTA:
Pembina

OHIO:

Akron

Ashtabula

Cincinnati
Cleveland
Columbus
Dayton
Sandusky
Toledo

OREGON:

Portland
PENNSYLVANIA:
Philadelphia
Pittsburgh
PUERTO RICO:
Mayaguez
Ponce
San Juan
RHODE ISLAND:
Providence

SOUTH CAROLINA:

Charleston
TENNESSEE:
Chattanooga
Memphis

Nashville

TEXAS:

Beaumont
Brownsville
Corpus Christi
Dallas
Del Rio
Eagle Pass
El Paso
Galveston
Houston
Laredo

Port Arthur
San Antonio
VERMONT:
Burlington
Island Pond
Newport
St. Albans
VIRGINIA:
Alexandria

Norfolk
Petersburg
Richmond

VIRGIN ISLANDS:

Charlotte Amalie
Christiansted
Frederiksted

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(a) Responsibility of customs and postal employees. Customs and postal employees shall carefully examine and repack contents of importations, particularly those that contain delicate instruments, glass, china, or other fragile items, liquids, and easily liquefiable substances. Shipments must be restored to their original or better condition. Postal employees accepting articles which have been in customs custody for examination, must determine from external inspection whether the shipment can safely bear further handling and transportation. Postal and customs employees jointly will restore parcels that are not in satisfactory condition. Employees may be held responsible when damage occurs as a result of negligence or improper handling.

(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. [32 F.R. 20643, Dec. 21, 1967] § 261.5

Treatment at delivery office.

(a) Detecting dutiable importations. Postal employees will promptly examine all incoming mail to detect dutiable importations. These packages will bear the following endorsement, placed near the address and completed by the customs office where the duty was assessed:

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duplicate, requesting issuance of a duplicate set of entry forms. Send the original Form 2937 to Bureau of Customs, Data Center, 7981 Eastern Avenue, Silver Spring, Md. 20910. Retain copy of Form 2937 with the package until duplicate set of entries is received, then process parcel as prescribed in paragraph (d) of this section using duplicate set of entry forms.

(2) If the missing original set of entry forms is located before receiving the requested duplicate set, use the original set, and when the duplicate set is received mark it "Original set located and used" and return the duplicate to the Customs Data Center in Silver Spring. If the original set is located after delivery or other disposal has been made of the package following receipt of the duplicate set, destroy the original set.

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

(d) Delivery of dutiable mail. (1) 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) 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 entryforms. Retain both copies of Form 2944 at post office as record of employee's accountability.

(3) 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 Forms 3419.

(4) At first-class offices carrier's accountability will be cleared by completing the two copies of Form 2944 prepared pursuant to subparagraph (2) of this paragraph. Hand both copies of completed Form 2944 to carrier who will de

posit 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.

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

(6) The Customs Service in certain instances will attach a Customs Form 3433, Authorization to Postmaster to Deliver Mail Importation Conditionally Free of Duty, and a Customs Form 3342, Declaration for Free Entry of Gifts, to the mail entries, Customs Form 3419, of incoming dutiable packages. Deliver these packages without collection of the duty under the conditions stated on Form 3433. After delivery, endorse the original Customs Form 3419 Form 3342 executed by addressee, and report the transaction as an uncollected customs duty item in accordance with § 261.5 (f) (2) of this chapter. Return of the executed customs form will be authority for the clearing clerk to allow credit for unreturned postage due stamps delivered with the package pursuant to § 224.1 (a) (5) (ii) of this chapter. The clearing clerk will keep a daily record of such voided stamp credits in the manner prescribed in section 335.36 of the Postal Manual.

(7) 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 60 days from date of entry) 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 state his objections in writing to the postmaster and submit any evi

dence he may have substantiating his claim (invoice, declaration of value, etc.). Addressee may be allowed 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 a receipt of addressee's written protest. On receipt of addressee's statement, promptly prepare report, in duplicate, on Form 2937, Importers, Objections and/or Lost Mail Entries. Forward original Form 2937, with supporting statements and both copies of mail entry, to customs mail division where entry was prepared-unless addressee is located ir. vicinity of one of the customs ports listed in § 261.3(e) of this chapter, in which case package and other documents may be delivered to the local customs office for consideration of the protest. Retain duplicate Form 2937 as office file and record copy.

(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 patron does not furnish the required statement within another week, endorse package "Unclaimed," show date, and treat as prescribed in paragraph (f) of this section.

(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 paragraph (e) of this section. If the adjusting customs officer waives the duty, report the entry as an uncollected item, as prescribed in paragraph (f) (2) of this section.

(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 paragraph (f) of this section.)

(e) Recording and reporting collections. Post offices making delivery-collection of dutiable articles will deposit the customs collections with postal funds. See section 437.2 of the Postal Manual for accounting and control functions, and the preparation of Form 2932, Customs Collections Summary.

(f) Uncollected items—(1) Disposal. When it is definitely established that a dutiable package is undeliverable, detach the customs mail entry forms and treat package as prescribed in § 224.4 of this chapter (for postal union articles) or in § 232.5(b) of this chapter (for parcel post). Mark the entry forms to show the reason for nondelivery and report as prescribed in subparagraph (2) of this paragraph.

(2) Reporting. Complete Form 2933, Register of uncollected customs charges, in duplicate, listing uncollected items in numerical order according to the 7-digit serial numbers on the mail entries. Forward the original Form 2933, accompanied with both copies of the mail entries and the supporting Customs Form 3342 or other statements, if any, to the Regional Commissioner of Customs, Attention: Cashier, New York, N.Y. 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, N.Y. 10004.

(g) 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 therefor to the customs office which issued the mail entry within 60 days from the date of entry. 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 Post Office Department, he shall, before taking the above action,

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