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 56-CONSULAR AND
COMMERCIAL INVOICES

§ 56.1 Consular and commercial in

voices.

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. Such information as has been made available to the Postal Service concerning these requirements appears under the "Observations," "Prohibitions," and "Import Restrictions" headings of the country items listed in Publication 42, International Mail.

(39 U.S.C. 401, 407) [37 F.R. 22604, Oct. 20, 1972]

(Shipper's signature) (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 customs 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. § 57.3

Obtaining forms.

Treatment at delivery office.

AUTHORITY: The provisions of this Part 61 issued under 39 U.S.C. 401, 407.

SOURCE: 37 F.R. 22604, Oct. 20, 1972, unless otherwise noted.

§ 61.1

What is subject to examination. All mail originating outside the customs territory of the United States is subject to customs examination, except (a) mail addressed to Ambassadors and Ministers (Chiefs of Diplomatic Missions) of foreign countries, (b) letter mail known or believed to contain only correspondence or documents addressed to diplomatic missions or the officers thereof, or international organizations

(a) Exchange offices. Mail believed to contain matter liable to customs duty or believed to contain prohibited matter is submitted immediately to local customs officers, except when exchange offices are authorized to redispatch such mail to designated distribution offices for customs treatment thereat. Exchange offices which redispatch matter to be submitted to customs officers will attach Tag 10 (previously 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.

(b) Distribution offices. Distribution offices will submit such mail to customs officers as soon as possible after receipt. The reusable tags, Tag 10, 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. § 61.3 Examination.

(a) Registered mail. The postmaster or other designated postal employee must be present when registered articles and registered parcels are opened by customs officers for examination. After customs treatment, the customs officer will repack and reseal the articles and parcels.

(b) 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, U.S. Customshouse, Bowling Green, New York, NY 10004, 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.

(c) Failure to receive customs treatment. 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 cover to U.S. Customs Office at the nearest office listed in § 61.3(d), except that if registered matter is involved send to the Postmaster of the city where the customs office is located so the mail may be handled in accordance with § 61.3(a). 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

(d) Customs ports. Customs officers at the following places are authorized to give customs treatment to packages which have passed through the port of entry without being examined § 61.3(c), to reprocess dutiable packages which reach the office of address with the customs mail entries missing (§ 61.5(b)), and consider protests by addressees who are dissatisfied with the assessed value, rate, or amount of duty charged (§ 61.5 (d) (6) (ii)):

(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. 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. § 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 the following endorsement, placed near the address and completed by the customs office where the duty was assessed:

Examined By U.S. Customs
Port of

Collect Duty and Postal Fees
Mail Entry No.

The package will also be accompanied by an original and addressee receipt copy of Customs Form 3419, Mail Entry, enclosed in a Treasury Department envelope securely attached to the package.

(b) Missing mail entries-(1) Post office procedure. If a package endorsed to show that duty is to be collected reaches the post office of address without the required customs mail entry forms attached. proceed as follows:

(i) Withhold delivery of the package. Try and locate missing entry forms; check to see if forms reached the addressee.

(ii) If entry forms are found, proceed with delivery of package as prescribed in § 61.5 (d).

(iii) If entry forms are not found, complete Form 2937, Importer's Objec

tion and/or Lost Mail Entries, in duplicate, addressing it to U.S. Customs Office at the nearest office listed in § 61.3 (d). Send the package and the original Form 2937 under cover addressed to the customs office, except that if registered matter is involved send to the postmaster of the city where the customs office is located so the mail may be handled in accordance with § 61.3 (a). Retain duplicate Form 2937 as a record.

(iv) The package will be reprocessed at the customs office and returned to the post office of address with a new set of entry forms attached.

(2) Missing entries received. If the missing original set of entry forms is received after the package has been sent for reprocessing, hold it with the duplicate Form 2937, and when the new set of entries is received destroy the original set.

(3) Entries received without parcel. If a set of entry forms is received not attached to the relative package try and associate the forms with the dutiable package. If unsuccessful, check to see if the package was sent to customs for reprocessing or if delivery was made without collection of duty. If the package was delivered without collecting duty and the addressee is unwilling to pay, report as uncollected in accordance with § 61.5 (f). (c) Dispatch to delivery units. Promptly forward dutiable articles to delivery units.

(d) 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 (d) (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) Authorization not to collect duty. The Customs Service in certain instances will attach a Customs Form 3342, Authorization to Postmaster to Deliver Mail Importation Conditionally Free of Duty and 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 the Form 3342. 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 § 61.5(f) (2). 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 § 24.1(a) (5) (ii).

(6) 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 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 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 (f) and (i).

(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