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(T. D. 54064)

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., April 16, 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 April 6 to 12, 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

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(T. D. 54065)

Copyrights-Customs Regulations amended

Part 11, Customs Regulations, amended in order to implement changes in the Copyright Law brought about by Public Law 743, 83rd Congress, and the Universal Copyright Convention

TREASURY Department,

OFFICE OF THE COMMISSIONER OF CUSTOMS,

To Collectors of Customs and Others Concerned:

Washington, D. C.

TITLE 19-CUSTOMS DUTIES

CHAPTER I-BUREAU OF CUSTOMS

PART 11-PACKING AND STAMPING; MARKING; TRADE-MARKS AND TRADE NAMES; COPYRIGHTS

In view of the amendment of title 17, United States Code, sections 9, 16, and 19, by the Act approved August 31, 1954 (68 Stat. 1030), providing that works by nationals of, or first published in, countries adhering to the Universal Copyright Convention, which works contain the form of notice prescribed by paragraph (c) of section 9 of title 17, as amended, will receive copyright protection in this country without compliance with other United States formalities, sections 11.19 and 11.21 of the Customs Regulations are hereby amended as follows: Section 11.19 is amended to read as follows:

11.19 Recordation of copyrighted works.—(a) A person whose copyright claim has been registered in accordance with the provisions of the Copyright Act of July 30, 1947, as amended (17 U. S. C. 1–32),21 or a person who claims copyright protection under section 9 (c) of that Act, as amended (17 U. S. C. 9 (c)),21a by virtue of the Universal Copyright Convention, and has not registered a copyright claim, may secure to himself customs protection against importation of piratical copies of the copyrighted work in the following manner:

(1) In the case of books and other printed works which may be readily identified by title and name of the author, the copyright proprietor, or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of such works, shall file in the Office of the Director, Customs Information Exchange, 201 Varick Street, New York 14, New York, a certificate of registration issued by the Copyright Office or, if copyright is claimed under section 9 (c) by virtue of the Universal Copyright Convention and no registration has been made, a statement setting forth the citizenship and domicile of the author at the time of publication, the date and place of publication, and a description of the work, including its title and the name of the author. There shall also be filed an application in duplicate for recordation of the copyrighted work, accompanied by 1,000 notices in the form indicated below, printed in 11-point Roman type on plain white cards of medium weight, size 3 x 5 inches, for distribution to customs field officers throughout the United States, including Puerto Rico, the Virgin Islands, Hawaii, and Alaska, and the fee of $25 prescribed by section 24.12. Checks or

money orders in payment of the fee shall be made payable to the Collector of Customs, New York, New York.

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Copyright claimed under 17 U. S. C. 9 (c) and no claim registered

(Name and address of copyright proprietor)

(2) In the case of copyrighted works not readily identifiable by title and author, application for recordation in the form of a letter shall be made to the Commissioner of Customs, Washington 25, D. C. Such application shall be accompanied by a certificate of registration issued by the Copyright Office, or, if copyright is claimed under section 9 (c) by virtue of the Universal Copyright Convention and no registration has been made, a statement setting forth the citizenship and domicile of the author at the time of publication, the date and place of publication, and a description of the work. There shall also be filed 500 photographic or other likenesses of the copyrighted work reproduced on paper 8 x 101⁄2 inches in size, for distribution to all collectors of customs and appraisers of merchandise, accompanied by the fee of $25 prescribed by section 24.12 of these regulations. Checks or money orders in payment of the fee shall be made payable to the Head, Fiscal Section, Bureau of Customs.

(b) The following countries are parties to the Universal Copyright Convention: Andorra, Cambodia, Chile, Costa Rica, France, German Federal Republic, Haiti, Holy See, Israel, Japan,* Laos, Luxembourg, Monaco, Pakistan, Spain, Switzerland, and United States of America.**

(Sec. 1, 61 Stat. 652, as amended; 17 U. S. C. 9, 109.)

Part 11, is amended by appending to section 11.19 (a) a footnote designated 21a and reading as follows:

21a "(c) When the Universal Copyright Convention, signed at Geneva on September 6, 1952, shall be in force between the United States of America and the foreign state or nation of which such author is a citizen or subject, or in which the work was first published. Any work to which copyright is extended pursuant to this subsection shall be exempt from the following provisions of this title: (1) The requirement in section 1 (e) that a foreign state or nation must grant to United States citizens mechanical reproduction rights similar to those specified therein; (2) the obligatory deposit requirements of the first sentence of section 13; (3) the provisions of sections 14, 16, 17, and 18; (4) the import prohibitions *Convention will come into force with respect to Japan April 28, 1956. **Phillipines not included in list since there is a question whether it is presently a party. See Department of State Bulletin, Vol. XXXIV, No. 868, February 13, 1956, page 263, footnote 1.

of section 107, to the extent that they are related to the manufacturing requirements of section 16; and (5) the requirements of sections 19 and 20: Provided, however, That such exemptions shall apply only if from the time of first publica- tion all the copies of the work published with the authority of the author or other copyright proprietor shall bear the symbol accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of claim of copyright.

"Upon the coming into force of the Universal Copyright Convention in a foreign state or nation as hereinbefore provided, every book or periodical of a citizen or subject thereof in which ad interim copyright was subsisting on the effective date of said coming into force shall have copyright for twenty-eight years from the date of first publication abroad without the necessity of complying with the further formalities specified in section 23 of this title.

"The provisions of this subsection shall not be extended works of an author who is a citizen of, or domiciled in the United States of America regardless of place of first publication, or to works first published in the United States." (17 U. S. C. 9 (c))

Section 11.21 is amended to read as follows:

11.21 United States manufacturing requirements; copies not produced in accordance with 17 U. S. C. 16.24-(a) Copies of books or periodicals for which manufacture in the United States is required by 17 U. S. C. 16, may not be imported during the existence of the United States copyright, unless importation is permitted under 17 U. S. C. 107, 22 or unless protection was secured under 17 U. S. C. 9 (c) by virtue of the Universal Copyright Convention or an ad interim copyright was extended to the full term by the provisions of 17 U. S. C. 9 (c). (b) Up to 1500 copies of a book or periodical covered by ad interim copyright, when imported pursuant to the quantitative exception in 17 U. S. C. 16, may be released upon compliance with usual customs requirements if there is presented in connection with the entry an "Import Statement" issued by the Register of Copyrights on Copyright Office Form C-100, and such copies are otherwise admissible. The reverse side of the statement shall be completely filled in by the customs officer concerned and mailed at once to the Register of Copyrights as directed in the form.

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(c) When an ad interim copyright is extended to a full term copyright, as provided for in 17 U. S. C. 23, notice of such extension, together with the full-term registration number and the date thereof, shall be communicated by the copyright proprietor to the Commissioner of Customs, Washington 25, D. C., within 30 days after such date. (Sec. 1, 61 Stat 652, as amended; 17 U. S. C. 16, 109) Footnote 24 is amended to read as follows:

24 "Mechanical work to be done in the United States. Of the printed book or periodical specified in section 5, subsections (a) and (b), of this title, except the original text of a book or periodical of foreign origin in a language or languages other than English, the text of all copies accorded protection under this title, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, or photoengraving process, then by a process wholly performed within the limits of the United States, and the printing of the text and binding of the said book shall be performed within the limits of the United States; which requirements shall extend also to the illustrations within a book consisting of printed text and illustrations produced

by lithographic process, or photoengraving process, and also to separate lithographs or photoengravings, except where in either case the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art: Provided, however, That said requirements shall not apply to works in raised characters for the use of the blind, or to books or periodicals of foreign origin in a language or languages other than English, or to works printed or produced in the United States by any other process than those above specified in this section, or to copies of books or periodicals, first published abroad in the English language, imported into the United States within five years after first publication in a foreign state or nation up to the number of fifteen hundred copies of each such book or periodical if said copies shall contain notice of copyright in accordance with sections 10, 19, and 20 of this title and if ad interim copyright in said work shall have been obtained pursuant to section 22 of this title prior to the importation into the United States of any copy except those permitted by the provisions of section 107 of this title: Provided further, That the provisions of this section shall not affect the right of importation under the provisions of section 107 of this title." (17 U. S. C. 16) (365)

Approved April 11, 1956:

DAVID W. KENDALL,

D. B. STRUBINGER,

Acting Commissioner of Customs.

Acting Secretary of the Treasury.

[Published in the Federal Register April 18, 1956 (21 F. R. 2516)]

(T. D. 54066)

Abstract of an unpublished decision

Summary of an unpublished customs decision

TREASURY DEPARTMENT,

OFFICE OF THE COMMISSIONER OF CUSTOMS,
Washington, D. C., April 13, 1956.

To Collectors of Customs and Others Concerned:

The following abstract of a customs decision is published for your information and guidance.

(133.121)

D. B. STRUBINGER,

Assistant Commissioner of Customs.

CLASSIFICATION

(1) Surgical stockings in chief value of cotton and in part of rubber, made of net or netting, are properly classifiable as articles wholly or in part of net or netting under paragraph 1529 (a) [18], Tariff Act of

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