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(T. D. 53997) Correction of errors, mistakes, and inadvertencies Customs Regulations

amended

Section 16.13, Customs Regulations, relating to the correction of errors, amended

TREASURY DEPARTMENT,
OFFICE OF THE COMMISSIONER OF CUSTOMS,

Washington, D. C. To Collectors of Customs and Others Concerned:

TITLE 19— CUSTOMS DUTIES

CHAPTER I-BUREAU OF CUSTOMS

PART 16-LIQUIDATION OF DUTIES

Section 520 (c) (1), Tariff Act of 1930, which authorized the reliquidation of an entry in the absence of protest to correct only clerical errors, was broadened in scope in its amendment by the Customs Simplification Act of 1953. The present law authorizes the correction of a clerical error, mistake of fact, or other inadvertence not amounting to an error in the construction of a law, adverse to the importer and manifest from the record or established by documentary evidence, in any entry, liquidation, appraisement, or other customs transaction.

In order to clarify the authority delegated to collectors to act under section 520 (c) (1), as amended, without specific authority from the Bureau, and particularly to point out that the only corrections of errors resulting from incorrect reports of appraisement which they can make are, in defined circumstances, to exclude uniformly nondutiable charges from dutiable value and to correct the dutiable value when the appraiser has inadvertently failed to indicate that the unit value reported is for some unit of quantity larger than one (as “per doz.” etc.), section 16.13 of the Customs Regulations is hereby amended to read as follows:

16.13 Errors, mistakes, and inadvertencies, correction of.-(a) Except with respect to appraisement, any adjustment of, or change in, the entry papers authorized by section 520 (c) (1), Tariff Act of 1930, as amended, may be made by the collector in (1) the liquidation of the entry, (2) a voluntary reliquidation completed within 60 days after liquidation, or (3) a reliquidation made pursuant to a protest covering the particular merchandise with respect to which such adjustment or change is in order.

(b) Under the circumstances specified in paragraph (a) above, uniformly nondutiable charges included in an appraisement may be excluded. Also, under the same circumstances, any error in the statement of unit of quantity in an appraisement report which is adverse to the importer may be corrected, provided advice in writing is received from the appraiser that at the time of appraisement he intended to appraise and thought he was appraising at a value for the specified correct unit of quantity.

(c) Any change in any liquidation or appraisement not authorized by subsection (a) or (b) may be made pursuant to section 520 (c) (1), Tariff Act of 1930, as amended, only upon authority from the Bureau. (Sec. 514; 520, 46 Stat. 734, 739; 19 U. S. C. 1514, 1520.) (R. S. 251, sec. 624, 46 Stat. 759; 19 U. S. C. 66, 1624.) (342.6)

C. A. EMERICK,

Acting Commissioner of Customs. Approved January 4, 1956: DAVID W. KENDALL,

Acting Secretary of the Treasury.

[Published in the Federal Register, January 10, 1956 (21 F. R. 193)]

(T. D. 53998)

Drawback

Synopsis of drawback rates and amendments issued December 28 to 30, 1955, inclusive, pursuant to sections 22.1 to 22.5, inclusive, Customs Regulations

(A) Alkyds, modified alkyds, ester gums, and modified ester gums.Manufactured under section 313 (a) by Hercules Powder Co., Wilmington, Del., at its Burlington, N. J., factory with the use of imported pentaerythritol.

Rate effective on articles manufactured on and after June 1, 1955, and exported on and after June 15, 1955.

Manufacturer's statement of November 18, 1955, forwarded to collector of customs, Philadelphia, Pa., December 29, 1955. (731.1)

(B) Coaches and trucks, motor.-T. D. 48815-B, as amended by T. D.'s 51220-A, 51879-C, 52387-D, 52937-I, and 53739–D, covering motor coaches and motor trucks manufactured under section 313 (a) by The White Motor Co., Cleveland, Ohio, at its Exton, Pa. (Autocar Division), and Cleveland, Ohio, factories with the use of imported tires and tubes, further amended to cover such articles manufactured at the Exton, Pa., factory with the use of imported gasoline or diesel engines and at the Cleveland, Ohio, factory with the use of imported gasoline engines.

Amendment effective on articles manufactured on and after October 15, 1955, and exported on and after November 8, 1955.

Supplemental statement of November 28, 1955, forwarded to collectors of customs, Cleveland, Ohio, and Philadelphia, Pa., December 29, 1955. (731.1)

(C) Icing conditioners and jellies.—Manufactured under section 313 (b) by Mallet & Co., Inc., Pittsburgh, Pa., with the use of hard

refined sugar.

Rate effective on articles manufactured on and after October 1, 1954, and exported on and after December 9, 1954.

Filing of supplemental schedules authorized.

Manufacturer's statement of November 28, 1955, forwarded to collector of customs, Pittsburgh, Pa., December 29, 1955. (731.1)

(D) Medicinal preparations.—T. D. 52031-B, as amended, covering medicinal preparations and flavoring extracts manufactured under section 313 (a), (b), and (d) by Eli Lilly and Co., Indianapolis, Ind., at its factories located at Indianapolis and Lafayette, Ind., with the use of, inter alia, imported gum opium, further amended to cover medicinal preparations manufactured with the use of imported ephedrine sulfate and with the use of reserpine alkaloid.

Amendment effective on articles manufactured on and after September 18, 1952, and exported on and after October 1, 1955.

Supplemental statement of October 31, 1955, forwarded to collector of customs, Chicago, Ill., December 29, 1955. (733.1)

(E) Resins and emulsions, polyvinyl butyral.T. D. 51645–1, as amended by T. D.'s 53036-F and 53154-C, covering, inter alia, polyvinyl butyral resins and emulsions manufactured under section 313 (a) by Shawinigan Resins Corp., Springfield, Mass., with the use of imported vinyl acetate monomer, further amended to cover the above-mentioned articles manufactured with the use of imported butyraldehyde.

Amendment effective on articles manufactured and exported on and after December 1, 1955.

Supplemental statement of December 2, 1955, forwarded to collector of customs, New York, N. Y., December 29, 1955. (731.1)

(F) Steel bars, cold drawn.--Manufactured under section 313 (a) by Bliss & Laughlin, Inc., Buffalo, N. Y., with the use of imported hot rolled steel bars.

Rate effective on articles manufactured on and after June 23, 1954, and exported on and after July 7, 1954.

Manufacturer's statement of November 30, 1955, forwarded to collector of customs, New York, N. Y., December 30, 1955. (731.1)

(G) Testosterone propionate, chemically pure.---T. D. 53721-H, as amended by T. D.'s 53767-E and 53971-D, covering, inter alia, chemically pure ethinyl testosterone manufactured under section 313 (a) by American Steroids, Inc., Hato Rey, P. R., with the use of imported crude ethinyl testosterone, further amended to cover chemically pure testosterone propionate manufactured with the use of imported crude androgenic substance or dehydroisoandrosterone.

Amendment effective on articles manufactured and exported on and after October 26, 1955.

Supplemental statement of October 26, 1955, forwarded to collector of customs, San Juan, P. R., December 28, 1955. (731.1)

(T. D. 53999)

Foreign currencies--Rates of exchange Rates of exchange certified to the Secretary of the Treasury by the Federal

Reserve Bank of New York

TREASURY DEPARTMENT,
OFFICE OF THE COMMISSIONER OF CUSTOMS,

Washington, D. C., January 9, 1956. . To Collectors of Customs and Others Concerned:

The appended table of the values of certain foreign currencies as certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 522 (c), Tariff Act of 1930, during the period from December 30, 1955, to January 5, 1956, inclusive, is published for the information of collectors of customs and others concerned. (342.211)

D. B. STRUBINGER, Assistant Commissioner of Customs.

Values of foreign currencies certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under provisions of section 522 (c), Tariff Act of 1930

PERIOD DECEMBER 30, 1955, TO JANUARY 5, 1956, INCLUSIVE

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233350 792029 2. 802500

233350 2. 793171 2. 803616

233350 2. 793586 2. 804062

233350 2. 793586 2. 804062

*Nominal rate.
**Temporarily omitted.

(T. D. 54000) Foreign currenciesBrazilian cruzeiro and Danish krone Rates of exchange certified to the Secretary of the Treasury by the Federal Reserve Bank of New York for the Brazilian cruzeiro and Danish krone

TREASURY DEPARTMENT,
OFFICE OF THE COMMISSIONER OF CUSTOMS,

Washington, D. C., January 11, 1956. To Collectors of Customs and Others Concerned:

The Federal Reserve Bank of New York, pursuant to section 522 (c), Tariff Act of 1930, has certified for the Brazilian cruzeiro the following nominal rates for the period from December 12 to 16, 1955, inclusive: Category (2), $0.0269832, Category (3), $0.0232234, and Category (4), $0.0199760.

The Bank, pursuant to section 522 (c), Tariff Act of 1930, has certified for the Danish krone a nominal "Official” rate of $0.144822 and a nominal “Import Rights” rate of $0.0805023 for the period from November 21 to December 2, 1955, inclusive.

This information is for use pursuant to section 16.4, Customs Regulations (19 CFR 16.4). (342.211)

D. B. STRUBINGER, Assistant Commissioner of Customs.

(T. D. 54001)

Drawback

Synopsis of drawback rates and amendments issued January 9, 1956, pursuant to

sections 22.1 to 22.5, inclusive, Customs Regulations

(A) Confections, beverages, and food products.-T. D. 53962–C, covering the aforementioned products manufactured under section 313 (b) by The Curtiss Candy Co., Chicago, Ill., at its four factories located in Chicago, with the use of refined sugar, amended to cover such products manufactured at the corporation's factories at Dallas, Tex., and York, Pa.

Amendment effective on articles manufactured and exported on and after March 26, 1954.

Amendment addressed to collector of customs, Chicago, Ill., January 9, 1956. (731.1)

(B) Machines, washing and drying, and parts thereof.-T. D. 53427-H, covering the foregoing products manufactured under section 313 (b) by Whirlpool Corp., St. Joseph, Mich., with the use of sheet steel, amended to cover said products manufactured by WhirlpoolSeeger Corp., St. Joseph, Mich., successor.

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