penses that may have accrued thereon. Such merchandise may not be exported without payment of duty nor entered for warehouse."

(c) Duty paid merchandise for which a permit to release has been issued but which remains in warehouse beyond the bond period' shall be released to the warehouse proprietor. Free and dutypaid merchandise not entered for warehouse for which permits to release have been issued, remaining in bonded warehouse at the expiration of 1 year from the date of importation, shall be released to the warehouse proprietor.

(Secs. 491, 559, 46 Stat. 726, as amended, 744, as amended; 19 U. 8. C. 1491, 1559)

§ 20.4 Articles subject to internal-reve

nue tax.

Articles subject to internal-revenue tax (except forfeited distilled spirits and except voluntarily abandoned merchandise which has not been cleared by the General Services Administration) may be sold for domestic consumption, but only if they will bring an amount sufficient to pay the internal-revenue tax and, in the case of tobacco "articles" and "tobacco materials," as defined in 26 U.S.C. 5702 (j), (k),“ only if they will bring an amount sufficient to pay the expenses of sale as well as the internalrevenue tax. If such articles cannot be sold for domestic consumption in ac

Merchandise subject to sale hereunder or under section 559 of this Act may be entered or withdrawn for consumption at any time prior to such sale upon payment of all duties, storage, and other charges, and expenses that may have accrued thereon, but such merchandise after becoming subject to sale may not be exported prior to sale without the payment of such duties, charges, and expenses nor may it be entered for warehouse. The computation of duties for the purposes of this section and sections 493 and 559 of this Act shall be at the rate or rates applicable at the time the merchandise becomes subject to sale." (Tariff Act of 1930, sec. 491, as amended; 19 U. S. C. 1491)

Merchandise upon which all duties and charges have been paid, remaining in bonded warehouse beyond three years from the date of importation, shall be held to be no longer in the custody or control of the officers of the customs." (Tariff Act of 1930, sec. 559, as amended; 19 U. S. C. 1559)

• All distilled spirits, wine, and malt beverages forfeited, summarily or by order of court, under any law of the United States, shall be disposed of in accordance with the internal-revenue law and regulations.

cordance with the foregoing conditions, they shall be destroyed unless they can be advantageously sold for export from continuous customs custody or unless the Bureau has authorized other disposition to be made under the law." Such articles may be sold for domestic consumption even though the proceeds of sale will not cover the duties due. (Sec. 492, 46 Stat. 727, sec. 201, 72 Stat. 1412, 68A Stat. 716, as amended; 19 U.S.C. 1492, 26 U.S.C. 5688, 5753)

§ 20.5 Sale of unclaimed and abandoned merchandise.

(a) All unclaimed and abandoned merchandise shall be sold at the first regular sale held after the merchandise becomes subject to sale, unless a deferment of its sale is authorized by the Commissioner of Customs. Regular sales of unclaimed and abandoned merchandise on hand and subject to sale shall be made once in every year, or more often at the discretion of the collector. Such sales may be conducted by the collector, any employee designated by him, or by a public auctioneer.

(b) Before unclaimed merchandise is offered for sale, it shall be appraised in accordance with section 402, Tariff Act

"a"(a) Manufactured tobacco.

"Manufactured tobacco' means all tobacco, other than cigars and cigarettes, prepared, processed, manipulated, or packaged for consumption my smoking or for use in the mouth or nose. .. 26 U. S. C. 5702 (a).

"(1) Articles.

''Articles' means manufactured tobacco, cigars, cigarettes, and cigarette papers and tubes.

"(k) Tobacco materials.

""Tobacco materials' means tobacco in process, leaf tobacco, and tobacco scraps, cuttings, clippings, siftings, dust, stems, and waste." 26 U. S. C. 5702 (j), (k).

B Except as provided in section 3369 of the Revised Statutes, as amended (relating to tobacco and snuff), and in section 901 of the Revenue Act of 1926 (relating to distilled spirits), any merchandise abandoned or forfeited to the Government under the preceding or any other provision of the customs laws, which is subject to internal-revenue tax and which the collector shall be satisfied will not sell for a sufficient amount to pay such taxes, shall be forthwith destroyed under regulations to be prescribed by the Secretary of the Treasury, instead of being sold at auction." (Tariff Act of 1930, sec. 492; 19 U. S. C. 1492)

of 1930, as amended." Such merchandise shall also be appraised at its actual domestic value in its condition at the time and place of examination, whether or not it has depreciated or appreciated in value since the date of exportation. The quantity of merchandise in each lot appraised shall be reported.

(c) Before drugs, insecticides, seeds, plants, nursery stock, and other articles required to be inspected by the Department of Agriculture are advertised, they shall be inspected by a representative of the Department of Agriculture to ascertain whether they comply with the requirements of the law and regulations of that Department. If found not to comply with such requirements, they shall be forthwith destroyed.

(d) All merchandise at ports other than a headquarters port which becomes subject to sale, including explosives, perishable articles, and articles liable to depreciation, shall be promptly reported to the headquarters port for disposition. The collector, in his discretion, may sell such merchandise, as well as merchandise at the headquarters port which is subject to sale, at the headquarters port or at any other port within the district.

(e) Except as prescribed in paragraphs (f), (g), and (h) of this section, a brief notice of the time and place of sale shall be given for 3 successive weeks immediately preceding the sale in one newspaper of extensive circulation published at the port where the sale is to be held. The newspaper shall be selected by the collector and publication of the notice shall be authorized on the standard form provided for that purpose. Such notice shall designate the place where catalogs may be obtained and reasonable opportunity to inspect the merchandise shall be afforded prospective purchasers.

(f) Unclaimed explosives and other dangerous articles and fruit and other perishable articles shall be sold on 3 days' public notice."

ba "The function of determining values of unclaimed and abandoned merchandise in any case where the aggregate appraised value of the lot will not exceed $250 has been transferred from the appraiser to the collector. (T.D. 54430.)"

• When it is probable that entry will be made at an early date for unclaimed perishable merchandise, the collector may hold the merchandise for a reasonable time in a bonded cold-storage warehouse if one is available. (T. D. 37374 (18))

(g) Other unclaimed merchandise shall be sold at public auction upon public notice of not less than 6 nor more than 10 days, as the collector may determine, if, in the opinion of the collector, such merchandise, because of depreciation in value by reason of damage, leakage, or other cause, will sell for an amount insufficient to pay the duties, storage, and other charges if allowed to remain in Unclaimed general order for 1 year. merchandise remaining on the dock which, in the opinion of the collector, will not sell for enough to pay the cost of cartage and storage shall be sold in the same manner.'

(h) If the collector is satisfied that the proceeds of sale will not be sufficient to pay the expenses and duties, a written or printed notice of the sale in lieu of the advertisement shall be conspicuously posted in the customhouse, and, if deemed necessary, at some other proper place for the time above specified.

(i) The catalogs, if used, shall specify the marks, numbers, and description of packages, the description and quantities of their contents, the appraised value thereof and also the domestic value at the time and place of the examination of the merchandise. The catalogs shall

be distributed at the sale and announcement made that the Government does not guarantee quality or value and that no allowance will be made for any deficiency found after sale.

(j) When the name and address of the consignee can be ascertained, notice of the date of sale shall be mailed to him. When unclaimed merchandise was consigned to order or for other reason the name of a consignee cannot be obtained, the collector, where practicable, shall notify the shipper or his representative or the agent of the carrier of the date when and place where the goods are to be sold.

(k) Merchandise offered for sale but not sold shall be included in the next regular sale of unclaimed and abandoned merchandise. If the collector is satis

fied that such merchandise is unsalable or of no commercial value, it shall be destroyed.

(Secs. 491, 559, 46 Stat. 726, as amended 744, as amended; 19 U.S.C. 1491, 1559) § 20.6

Proceeds of sale; payment of charges and expenses; surplus; deficit.

(a) From the proceeds of sale of merchandise remaining in public stores or in bonded warehouse beyond the time fixed by law, the following charges shall be paid in the order named:

(1) Internal revenue taxes.

(2) Expenses of advertising and sale. (3) Expenses of cartage, storage and labor. When the proceeds are insufficient to pay such charges fully, they shall be paid pro rata. (For merchandise entered for warehousing, see paragraph (b) of this section.)

(4) Duties.

(5) Any other charges due the United States in connection with the merchandise.

(6) Any sum due to satisfy a lien for freight, charges, or contributions in general average, of which due notice shall have been given in the manner prescribed by law.

(b) The expenses of cartage, storage, and labor for merchandise entered for warehousing shall be paid in the following order:

(1) When such merchandise was warehoused in public stores, expenses of storage and labor shall be paid after expenses of sale (prorated when proceeds are insufficient to pay them fully) and any cartage charges shall be paid last.

(2) When such merchandise was warehoused in a bonded warehouse, expenses of storage, cartage, and labor shall be paid last (prorated when proceeds are insufficient to pay them fully).

(c) The duties chargeable on any merchandise within the purview of this section shall be assessed on the appraised dutiable value at the rate of duty chargeable at the time the merchandise became subject to sale.

" Household and personal effects of the character provided for in schedule 8, part 2A, Tariff Schedules of the United States, which belong to persons who have not arrived in this country before the effects become subject to sale are dutiable at the rates in effect when the effects become subject to sale, even though such persons arrive and make entry for the effects before they are sold.

(d) The duties of the auctioneer shall be confined to selling the merchandise and his charge for such service shall in no case exceed the commissions usual at the port. Such commissions shall be allowed only on the gross sum actually realized on the sale.

(e) Accounts for the auctioneer's charges and all other expenses of sale which may be properly chargeable on the merchandise shall be presented to the collector for payment within 10 days from the date of sale. Such expenses shall be apportioned pro rata on the amounts received for the different lots sold.

(f) If a claim of the owner of unclaimed merchandise for the surplus proceeds of sale is properly established in accordance with § 24.25 of this chapter, such proceeds of sale shall be paid to him pursuant to section 493, Tariff Act of 1930.9 Any doubtful claim shall be forwarded to the Bureau with all pertinent documents and information available to the collector for the instructions of the Bureau or for reference by it to the General Accounting Office for direct settlement.

(g) Claims of the owner or consignee for the surplus proceeds of a sale made pursuant to section 559, Tariff Act of 1930, shall be paid in the manner and subject to the conditions stated in paragraph (f) of this section.

(h) If the proceeds of sale of merchandise in warehouse beyond 3 years are insufficient to pay the duties after payment of all charges having priority, the deficiency shall be collected under the warehouse entry bond, by suit if necessary.

(i) When the proceeds of sale of unclaimed merchandise are insufficient to pay the charges and duties, the consignee shall be liable for the deficiency unless the merchandise was shipped to him

"The surplus of the proceeds of sales under section 491 of this Act, after the payment of storage charges, expenses, duties, and the satisfaction of any lien for freight, charges, or contribution in general average, shall be deposited by the collector in the Treasury of the United States, if claim therefor shall not be filled with the collector within ten days from the date of sale, and the sale of such merchandise shall exonerate the master of any vessel in which the merchandise was imported from all claims of the owner thereof, who shall, nevertheless, on due proof of his interest, be entitled to receive from the Treasury the amount of any surplus of the proceeds of sale." (Tariff Act of 1930, sec. 493; 19 U. S. C. 1493)

without his consent. If no entry for the merchandise has been filed and no other attempt to control the merchandise has been made, the merchandise shall be regarded as shipped to the consignee without his consent and no effort shall be made to collect any deficiency of duties or charges from such consignee.

(Secs. 491-493, 559, 46 Stat. 726, as amended, 727, 744, as amended, 77A Stat. 14; 19 U.S.C. 1202, 1491-1493, 1559) [28 F.R. 14773, Dec. 31, 1963, as amended by T.D. 56481, 30 F.R. 11853, Sept. 16, 1965]

§ 21.1

Licensing of cartmen and lightermen; marking of vehicles and lighters.

(a) Except as provided for in § 18.3 (d) of this chapter and § 21.4(b), customs cartage and lighterage shall be done by cartmen and lightermen licensed by the collector or specifically authorized by the Commissioner of Customs for that purpose. Customhouse cartage and lighterage licenses, customs Form 3857, shall be issued by the collector of customs. Before such a license is issued, the cartman or lighterman shall be required to execute a bond on customs Form 3855 in an amount to be fixed by the collector1 and pay the fee of $50 prescribed by § 24.12 of this chapter. The collector may appoint or license as a customs cartman or lighterman any common carrier who has executed and filed a carrier's bond, customs Form 3587. The license shall remain in force and effect as long as the required bond is considered sufficient or until the license is suspended or terminated. Before customhouse licenses are issued for bonded

lighters or other such vessels, the vessel's marine documents, if any have been issued, shall be presented to the collector and such documents shall be returned by the collector following his examination thereof. The collector may require the applicant for a license to furnish a list showing the names and addresses of the managing officers and members of the organization or of the persons who will receive or transport imported merchandise which has not been released from customs, or a list of all such persons and their addresses. An applicant shall be required in each case to undertake to surrender promptly to the collector the identification cards of persons no longer employed by the applicant or give reasons satisfactory to the collector why such cards cannot be surrendered. The collector may also require an applicant to undertake to furnish, at such times and intervals as the collector deems necessary, a current list showing the names and addresses of the managing officers and members of the organization or of the persons who will receive or transport imported merchandise which has not been released from customs, or a list of all such persons and their addresses. A license shall be subject to suspension for failure to comply with the requirements of the two preceding sentences, or it may be revoked for sufficiently good cause.

(b) Any cartman licensed by the city or State authorities who produces evidence of good moral character and his city or State license may be licensed as a customhouse cartman.

(c) Every licensed vehicle used for customs cartage and every licensed barge, scow, or other lighter used for customs lighterage shall be conspicuously marked with the legend "Custom

1 "The cartage of merchandise entered for warehouse shall be done by cartmen to be appointed and licensed by the collector of customs and who shall give a bond in a penal sum to be fixed by such collector, for the protection of the Government against any loss of, or damage to, such merchandise while being so carted. The cartage of merchandise designated for examination at the appraiser's stores and of merchandise taken into custody by the collector as unclaimed shall be performed by such persons as may be designated, under contract or otherwise, by the Secretary of the Treasury, and under such regulations for the protection of the owners thereof and of the revenue as the Secretary of the Treasury shall prescribe." (Tariff Act of 1930, sec. 565; 19 U.S.C. 1565)

house License No.

" and the name of the person or firm to whom the license has been issued. The abbreviated legend "C.H.L. No.------”" may be used if so desired.

(d) The markings prescribed by this section shall appear in letters and figures not less than 3 inches high and in the case of carts, trucks, drays, and other vehicles, such markings shall be placed on each side by painting directly onto the vehicle or by the attachment of signs bearing the required marking. However, in the case of vehicles, if such marking is not found to be practicable by the collector, he may designate some other conspicuous place upon the vehicle where the number shall appear.

(e) These markings shall be removed upon termination of the license in accordance with the provisions of the bond, customs Form 3855, or the cartman or lighterman shall be liable for the payment of liquidated damages as provided for in such bond.

(f) Customs officers shall not deliver any bonded goods to vehicles or lighters which are not properly marked.

(R.S. 161, as amended, 251, sec. 624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624) [28 F.R. 14776, Dec. 31, 1963, as amended by T.D. 56107, 29 F.R. 2336, Feb. 11, 1964]

§ 21.2 Employees' identification cards.

When required for purposes of local administration, each licensed cartman or lighterman and each employee thereof who receives or transports imported merchandise which has not been released from customs shall possess an identification card, customs Form 3873, with his photograph securely affixed thereto with glue or other adhesive substance. The card shall also bear his signature in the space provided. Such identification card shall be issued by the collector only upon application on customs Form 3078 of the licensed cartman or lighterman. The application shall be filed personally at the customhouse by the person for whom the application for the identification card is made, together with a photograph (or two if required for purposes of local administration) of such person in addition to the one to be affixed to the application. If required for purposes of local administration, the fingerprints of such person shall be taken on customs Form 3872 and at the time of the filing of the application. The identification card shall become valid when the United States customs seal has been impressed

thereon, which seal shall not be impressed until after the card has been otherwise completed. If required for purposes of local administration, the identification card shall be prepared in duplicate. The original, after having impressed thereon the customs seal, shall be presented to the person in whose name the card is issued and shall be in his possession at all times when he is. engaged in receiving or transporting imported merchandise. The duplicate, when required, shall be retained as an office record. It shall be the responsibility of each person to whom an identification card is issued to protect it with an appropriate transparent cover so that the face and back of the card are visible without removing the cover. Whenever the employment of the holder of an identification card is changed to another licensed cartman or lighterman, the card, supported by an application in. proper form, shall be submitted promptly to the collector so that the change may be made officially on the card and on the customhouse records. The collector may authorize such exceptions to the requirements of the preceding sentence as he deems necessary and advisable when the employment of the holder of an identification card is changed only temporarily to another licensed cartman or lighterman. The card shall be submitted promptly to the collector when there is a change of address of the holder. New cards shall be issued when necessary. Should an identification card be presented by a person other than the one to whom it was issued, such card shall be forthwith confiscated. The identification card shall be surrendered when the holder thereof leaves the employment of a licensed cartman or lighterman for employment of some other character. All outstanding identification cards issued to a licensed cartman or lighterman and to the employees thereof, shall be taken up by the collector upon the suspension or termination of the license of the cartman or lighterman. An identification card shall not be issued to any person whose employment in connection with the transportation of bonded merchandise will, in the judgment of the collector, endanger the revenue. § 21.3

Classes of cartage.

The cartage of merchandise in customs custody is of two kinds: "government cartage," which must be done by a licensed customhouse cartman under