Tariff Act of 1930, as amended. A copy of such notice shall be sent by the Commissioner to the collector.

(b) A customhouse broker's license may be canceled upon written application to the Commissioner and surrender of the license certificate, but before granting the request, inquiry shall be made by the Commissioner to ascertain whether it has been made in order to evade proceedings for revocation or suspension of the license, in which event the request shall be denied, unless the Secretary of the Treasury shall otherwise order.

(c) Notwithstanding the provisions of paragraph (b) of this section, a customhouse broker's license may be canceled "with prejudice" upon written application to the Commissioner and surrender of the license certificate. The effect of a cancellation "with prejudice" is in all respects the same as if the license had been revoked for cause pursuant to the provisions of § 31.11. § 31.13

Licenses issued under prior acts of Congress. Licenses issued under prior acts of Congress shall continue in force and effect in accordance with the provisions of section 641 (c), Tariff Act of 1930, as amended." § 31.14

Appeal from the Secretary's decision.

An appeal from any order of the Secretary of the Treasury suspending or revoking a license may be taken by any customhouse broker in accordance with the provisions of section 641 (b), Tariff Act of 1930, as amended."

§ 31.15 Records of the Commissioner.

(a) Maintenance. The Commissioner will keep such rosters and other records as may be necessary to perform his functions under this part.

(b) Availability. (1) The Commissioner, on request, will furnish information to any person as to whether any specified person is a customhouse broker.

(2) There are available to public inspection at the office of the Commissioner:

(1) The roster of all persons licensed as customhouse brokers pursuant to

See the third sentence of section 641 (a) in footnote 1 to § 31.2.

'See section 641 (c) in footnote 1 to § 31.2. See the second paragraph of section 641 (b) in footnote 1 to § 31.2.

amended section 641, Tariff Act of 1930. (ii) The final opinion or order in the adjudication of any case in which revocation of any license was sought, provided the licensee (or former licensee) expressly consents to publication.

(3) Matters of official record pertaining to the licensing of customhouse brokers, to persons properly and directly concerned.

(4) The official records pertaining to the revocation (or the proposed revocation) of any license, and to the investigation of any applicant therefor, constitute confidential information, except as provided for in paragraph (b) (2) and (3) of this section. These records are held confidential for these good causes:

(i) Publication is capable of injuring a licensee or former licensee without furthering the public interest.

(ii) Much of the information is elicited without the aid of the subpoena power on the assurance that the sources will be protected.

(Footnote 1-Continued)

(2) the place where the fair will be held, (3) the date when the fair will open and the date when it will close, and (4) the name of the operator of the fair.

(b) Definitions. For purposes of this Act(1) The term "fair" means any fair, exhibition, or exposition designated by the Secretary of Commerce pursuant to this section.

(2) The term "closing date" in the case of any fair means the date designated pursuant to subsection (a)(3) as the date when the fair will close, or (if earlier) the date on which such fair actually closes.

(c) Regulations. The Secretary of Commerce may prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section.

SEC. 3. Entry of articles for fairs. Any article imported or brought into the United States

(1) Which is in continuous customs custody, covered by a customs exhibition bond, or in a foreign trade zone, and

(2) On which no duty or internal-revenue tax has been paid, may, without payment of any duty or internal-revenue tax, be entered under bond under this section for the purpose of exhibition at a fair, or for use in constructing, installing, or maintaining foreign exhibits at a fair.

SEC. 4. Disposition of articles entered for fairs.

(a) Entry under general customs laws, etc. At any time before, or within 3 months after, the closing date of any fair, any article entered for such fair under section 3 may be sold or otherwise disposed of within, or may be removed from, the area of such fair. This subsection shall apply only if, before such disposition or removal

(1) The article, after the entry for such fair under section 3, has been entered under any provision of the customs laws, and

(2) Any applicable duties and internalrevenue taxes are paid on such article in its condition and quantity, and at the rate in effect, at the time of such entry as if such article were imported or brought into the United States at the time of such entry.

(b) Disposition without payment of duty. At any time before, or within 3 months after, the closing date of any fair, any article entered for such fair under section 8 may, without the payment of any duties or internal-revenue taxes, be

(1) Exported,

(2) Transferred from such fair to other customs custody status or to a foreign-trade

zone.

(8) Destroyed, or

(4) Abandoned to the Government.

(c) Mandatory abandonment to Government. If any article entered under section 3 is still in customs custody, under such entry, at the expiration of 3 months after the closing date of the fair for which it was entered, such article shall thereupon be regarded as an article abandoned to the Government and

shall be subject to sale or destruction of the article and disposition of the proceeds of sale in the manner provided for in sections 491, 492, and 493 of the Tariff Act of 1930. For purposes of this subsection, any duties or internal-revenue taxes on the article shall be computed on the basis of its condition and quantity at the time it becomes subject to sale.

(d) Period for performance of certain acts. Whenever any article entered under section 3 is transferred pursuant to subsection (b) (2) or entered under subsection (a), the period prescribed for the performance of any act required by the provision governing the status to which the article is transferred, or under which the article is entered, shall run from the date of such transfer or entry.

SEC. 5. Marking, packaging, and labeling. (a) Customs laws. Articles entered under section 3 shall not be subject to any marking requirements of the customs laws, except that when any such article is entered for consumption under section 4 it shall not be released from customs custody until the marking requirements of the customs laws have been complied with.

(b) Internal-revenue laws, etc. Articles entered under section 3 shall not be subject to the packaging, marking, or labeling requirements of the internal-revenue laws or of the Federal Alcohol Administration Act, except that any such article failing to comply with such requirements

(1) Shall be conspicuously marked prior to exhibition "Not labeled or packaged as required by law-not for sale", and

(2) When entered for consumption under section 4, shall not be released from customs custody until such packaging, marking, and labeling requirements have been complied with.

The application of the permit requirements of the Federal Alcohol Administration Act and the occupational taxes prescribed by chapter 51 of the Internal Revenue Code of 1954 shall be determined without regard to this Act.

SEC. 6. Responsibility of fair operator.(a) Sole consignee and importer. Each fair operator designated by the Secretary of Commerce pursuant to section 2 shall be deemed the sole consignee and importer of all articles entered under section 3 for the fair for which such operator has been designated.

(b) Expenses of customs custody, etc. The actual and necessary customs charges for labor, services, and other expenses in connection with the entry, examination, appraisement, custody, abandonment, destruction, or release of articles entered under section 3, together with the necessary charges for salaries of customs officers and employees in connection with the accounting for, custody of, and supervision over, such articles, shall be reimbursed to the United States by the operator of the fair for which they are entered. Receipts from such reimbursements shall be deposited as refunds to the

(b) Fair. The term "fair" means a fair, exhibition, or exposition designated by the Secretary of Commerce pursuant to the Trade Fair Act of 1959.

(c) Fair operator. The term "fair operator" means the party named by the Secretary of Commerce as the operator of the fair.

(d) Port. The term "port" means the port at which the fair is to be held or, if the fair is not to be held within the limits of a port, the port nearest to the location of the fair which is in the same customs collection district as the fair.

(e) Collector. The term "collector" means the collector, or deputy collector in charge, of the port as defined above. (f) Closing date of the fair. The term "closing date of the fair" means the date designated by the Secretary of Commerce as the date when the fair will close (which date is subject to extension by the said Secretary), or, if the fair closes earlier, the date on which the fair actually closes.

(g) Articles for exhibition. The term "articles for exhibition" includes, but is not limited to, pamphlets, brochures, and explanatory material in reasonable quantities relating to exhibits at a fair. § 32.2 Invoices; marking; bond.

(a) Articles intended for exhibition under the provisions of the Act and valued at over $500 are subject to the usual special customs invoice requirements if of a class for which such invoices are required under the Tariff Act of 1930, as amended, and the regulations in this chapter. The invoices shall be on either customs Form 5515 or on foreign service Form 138 and shall contain the information prescribed under section 481 of the Tariff Act of 1930.

(b) The marking requirements of the Tariff Act of 1930, as amended, and the regulations promulgated thereunder will not apply to articles entered under the regulations in this part except when such articles are entered for consumption, in which case they shall be released from customs custody only upon a full compliance with the marking requirements

appropriation from which paid, in the manner provided for in section 524 of the Tariff Act of 1930, as amended (19 U.S.C., sec. 1524).

SEC. 7. Regulations. The Secretary of the Treasury may prescribe such regulations as may be necessary or appropriate to carry out the provisions of this Act (other than section 2 thereof). (P.L. 86-14; 73 Stat. 18)

of the tariff act, as amended, and the regulations promulgated thereunder.

(c) The packaging, marking, and labeling requirements of the internal-revenue laws and of the Federal Alcohol Administration Act will not apply to articles entered under the regulations in this part, except (1) that any article failing to comply with such requirements shall be conspicuously marked prior to exhibition "Not labeled or packaged as required by law-not for sale", and (2) when any such article is withdrawn for consumption, it shall be released from customs custody only upon a full compliance with such packaging, marking, and labeling requirements.

(d) The fair operator shall furnish for the approval of the collector a bond in the following form and in an amount to be determined by the collector:

Whereas, pursuant to the foregoing Act, imported articles may be imported or brought into the United States without the payment of duties, taxes, fees, charges, or exactions, for purposes of exhibition at the designated fair, or for use in constructing, installing, or maintaining foreign exhibits at such fair, under such regulations as the Secretary of the Treasury shall prescribe;

Now, therefore, the condition of this obligation is such, that

(1) If the above-bounden principal shall comply in all respects with the provisions of the foregoing Act and the regulations issued by the Secretary relating to the exhibition or use of any article imported or brought into the United States for the designated fair; and shall receive for exhibition or use

at such fair only such articles as may be permitted by law and regulations to be deposited therein; and shall safely keep or use the same therein all in accordance with the purposes authorized by law, and shall not remove, nor suffer to be removed, any article from the fair premises without lawful permit and without the presence of the customs officer in charge;

(2) And if the above-bounden principal shall pay to the collector of customs, when demanded by him, all unpaid duties, taxes, fees, charges, or exactions found legally due in connection with all articles entered or brought into the United States for the fair under the provisions of the designated Act and charged against this bond; and if in respect of any of the articles released from customs custody shall redeliver or cause to be redelivered to the order of the collector of customs, upon proper demand made at any time, any and all articles found not to comply with the law and regulations governing their admission into the commerce of the United States, and shall, after proper notice, mark, label, clean, fumigate, destroy, export, and do any and all other things in relation to said articles that may be required to secure the protection of the revenue and compliance with the Trade Fair Act referred to in the recital clause of this obligation and with all applicable customs and related laws; it being expressly understood and agreed that the liability under this bond shall extend to all cases where any of the articles entered for exhibition or use are lost or stolen, whether or not the said loss or theft shall result from the fault of said principal;

(3) And if the above-bounden principal shall pay monthly to the collector of customs, the actual and necessary customs charges for labor, services, and other expenses in connection with the entry, examination, appraisement, release, or custody of the imported articles, together with the compensation of the customs officers and employees on duty at or assigned to the fair premises in connection with the accounting for, custody of, and supervision over, the articles entered pursuant to the designated Act, including overtime compensation of customs officers and employees assigned to duty at night or on Sunday or a holiday;

(4) And if the above-bounden principal, when an article is entered from the Fair for exportation, shall cause the said article to be actually exported from the United States and not relanded therein, and if proof of exportation from the United States be furnished to the said collector in the form and within the time required by law or regulations, or within any lawful extension of such time; or in lieu of exportation, if the said article shall be destroyed or abandoned within the period fixed by law, or, in default thereof, if the obligors shall pay to the collector the full amount of duties, taxes, fees, charges, and exactions which may be found legally due on the said articles;

(a) All entries under the regulations in this part shall be made at the port in the name of the fair operator which shall be deemed for customs purposes the sole consignee of the merchandise entered under the Act and which shall be held responsible to the Government for all duties and charges due the United States on account of such entries; but, in the case of merchandise entered under the general customs laws from a fair, the entry may be made in the name of any person duly authorized in writing by the fair operator to make such entry.

(b) Articles to be entered under the regulations in this part which arrive at ports other than "the port", as defined in this part, shall be entered for immediate transportation without appraisement to the latter port in the manner prescribed in Part 18 of this chapter.

(d) Upon such entry being made, the collector shall issue a special permit for the transfer of the articles covered thereby to the buildings in which they are to be exhibited or used, or, in the discretion of the collector, to the appraiser's stores for examination and subsequent transfer to the buildings in which they are to be exhibited or used. The articles shall be tentatively appraised prior to their exhibition or use. No imported exhibit entered under the regulations in this part shall be removed from or used on the fair premises unless it is first entered in accordance with § 32.6(a), and no imported construction, installation, or maintenance material entered under these regulations shall be removed from the fair premises except in accordance with that section; and such exhibits and materials shall be kept segregated from domestic articles and from imported articles entered under the provisions of the general customs laws and released from customs custody thereunder.

(e) If for any reason articles imported or brought in for entry under the regulations in this part are not upon their arrival to be delivered immediately at a fair building, the fair operator should so indicate to the collector in writing, who will cause such articles to be placed in a bonded warehouse under a "general order permit" at the risk and expense of the fair operator. At any time within one year from the date such articles are

imported or brought in, they may be entered under these regulations for a fair, or entered under the general tariff law, or for exportation. If not so entered within such period, they will be regarded as abandoned to the Government.

(f) Any article imported or brought into the United States which is in continuous customs custody, covered by a customs exhibition bond, or in a foreigntrade zone, on which no duty or internalrevenue tax has been paid, may be entered under bond under the regulations in this part for the purpose of exhibition at a fair, or for use in constructing, installing, or maintaining foreign exhibits at a fair. In each case an entry under paragraph (c) of this section shall be filed, which entry shall supersede any previous entry. No bond other than that specified in § 32.2(d) shall be required. Articles which have been entered under schedule 8, part 5C, Tariff Schedules of the United States, may not be entered under the regulations in this part for a fair.

§ 32.4 Compliance, provisions of Plant Quarantine Act of 1912, and Federal Food, Drug, and Cosmetic Act. The entry of plant material subject to restriction under the Plant Quarantine Act of 1912, as amended (7 U.S.C. 151164a, 167), shall not be permitted except under permits issued therefor by the Plant Quarantine Division of the Agriculture Research Service, Department of Agriculture, and in accordance with the plant quarantine regulations. The entry of food products shall conform to the requirements of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301 et seq.), and regulations issued thereunder.

§ 32.5 Detail of customs officers to protect revenue; expense.

(a) The collector shall detail an officer to act as his representative at the fair and shall station inside the buildings as many additional customs officers and employees as may be necessary to properly protect the revenue.

(b) All actual and necessary charges for labor, services, and other expenses in connection with the entry, examination, appraisement, custody, abandonment, destruction, or release of articles entered under the regulations in this part, together with the necessary charges for salaries of customs officers and employees in connection with the accounting for, custody of, and supervision over,