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PART XVI. TARIFF PROVISIONS DIRECTLY RELATING TO VESSELS.
243. Shipbuilding materials. 244. Materials for repairs.
245. Sunken merchandise.
247. Sea stores and equipments.
Coal, anthracite, bituminous, culm, slack, and shale; Oct. 3, 1913. coke; compositions used for fuel in which coal or coal dust is the component material of chief value, whether in briquets or other form. (Free list.)
243. Shipbuilding materials.
Aug. 27, 1894.
All materials of foreign production which may be nec- R. S., 2513. essary for the construction of naval vessels or other Sec. 7. vessels of the United States, vessels built in the United July 24, 1897. States for foreign account and ownership, or for the pur- Aug. 5, 1909. pose of being employed in the foreign or domestic trade, Aug. 24, 1912. and all such materials necessary for the building of their oct. 3, 1913. machinery, and all articles necessary for their outfit and Sec. IV, J, equipment, may be imported in bond under such regulations as the Secretary of the Treasury may prescribe; and upon proof that such materials have been used for such purposes no duties shall be paid thereon.
244. Materials for repairs.
Aug. 27, 1894.
Sec. IV, J, subsection 6.
Aug. 27, 1894.
All articles of foreign production needed for the repair R. S., 2514, of naval vessels of, or other vessels owned or used by, Sec. 8. the United States and vessels now or hereafter registered guly 24, 1897. under the laws of the United States may be withdrawn Aug. 5, 1909. from bonded warehouses free of duty, under such regula- Oct. 3, 1913. tions as the Secretary of the Treasury may prescribe. Machinery for repair may be imported into the United R. S., 2511. States without payment of duty, under bond, to be given sec13. in double the appraised value thereof, to be withdrawn July 24, 1897. and exported after said machinery shall have been re- Aug. 5, 1909. paired; and the Secretary of the Treasury is authorized Sec. 18. and directed to prescribe such rules and regulations as may be necessary to protect the revenue against fraud and secure the identity and character of all such importations when again withdrawn and exported, restricting and limiting the export and withdrawal to the same port of entry where imported, and also limiting all bonds to a period of time of not more than six months from the date of the importation.
R. S., 2507.
245. Sunken merchandise.
Whenever any vessel laden with merchandise in whole. or in part subject to duty has been sunk in any river, harbor, bay, or waters subject to the jurisdiction of the United States, and within its limits, for the period of two years, and is abandoned by the owner thereof, any person Aug. 27, 1894. who may raise such vessel shall be permitted to bring any July 24, 1897, merchandise recovered therefrom into the port nearest to the place where such vessel was so raised free from the payment of any duty thereupon, but under such regulations as the Secretary of the Treasury may prescribe. 246. Supplies.
Aug. 5, 1909. Sec. 22.
Oct. 3, 1913.
Sec IV, L.
That all articles of foreign or domestic production June 26, 1884. needed and actually withdrawn from bonded warehouses July 24, 1897, and bonded manufacturing warehouses for supplies (not including equipment) of vessels of the United States engaged in foreign trade, or in trade between the Atlantic and Pacific ports of the United States, may be so withdrawn from said bonded warehouses, free of duty or of internal-revenue tax, as the case may be, under such regulations as the Secretary of the Treasury may prescribe; but no such articles shall be landed at any port of the United States.
Aug. 5, 1909.
Sec. IV, O.
Upon the exportation of articles manufactured or proOct. 3, 1913. duced in the United States by the use of imported merchandise or materials upon which customs duties have been paid, the full amount of such duties paid upon the quantity of materials used in the manufacture or production of the exported product shall be refunded as drawback, less 1 per centum of such duties: Provided, That where a principal product and a by-product result from the manipulation of imported material and only the by-product is exported, the proportion of the drawback distributed to such by-product shall not exceed the duty assessable under this Act on a similar by-product of foreign origin if imported into the United States. Where no duty is assessable upon the importation of a corresponding by-product, no drawback shall be payable on such by-product produced from the imported material; if, however, the principal product is exported, then on the exportation thereof there shall be refunded as drawback the whole of the duty paid on the imported material used in the production of both the principal and the byproduct, less 1 per cent, as hereinbefore provided: Provided further, That when the articles exported are manufactured in part from domestic materials, the imported materials or the parts of the articles manufactured from such materials, shall so appear in the completed articles that the quantity or measure thereof may be ascertained: And provided further, That the drawback on any article allowed under existing law shall be continued at the rate herein provided. That the imported materials used in
PART XVI.—TARIFF PROVISIONS DIRECTLY RELATING TO VESSELS. 239
the manufacture or production of articles entitled to drawback of customs duties when exported shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of such materials used and the amount of duties paid thereon shall be ascertained, the facts of the manufacture or production of such articles in the United States and their exportation therefrom shall be determined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent of either or to the person to whom such manufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the Secretary of the Treasury shall prescribe.
The provisions of this section shall apply to materials used in the construction and equipment of vessels built for foreign account and ownership, or for the government of any foreign country, notwithstanding that such vessels may not within the strict meaning of the term be articles exported.
247. Sea stores and equipments.
[See p. 204.]
248. Motor boats, racing shells, and similar craft.
Machinery or other articles to be altered or repaired, molders' patterns for use in the manufacture of castings intended to be and actually exported within six months from the date of importation thereof, models of women's wearing apparel imported by manufacturers for use as models in their own establishments, and not for sale, samples solely for use in taking orders for merchandise, articles intended solely for experimental purposes, and automobiles, motor cycles, bicycles, aeroplanes, airships, balloons, motor boats, racing shells, teams, and saddle horses, and similar vehicles and craft brought temporarily into the United States by nonresidents for touring purposes or for the purpose of taking part in races or other specific contests, may be admitted without the payment of duty under bond for their exportation within six months from the date of importation and under such regulations and subject to such conditions as the Secretary of the Treasury may prescribe: Provided, That no article shall be entitled to entry under this section that is intended for sale or which is imported for sale on approval. 92075°-15-16
sec. Iv. J. Oct. 3, 1913, subsection 4.
PART XVII.-CONSULS' SERVICES TO VESSELS.
249. Consuls' services to vessels.
R. S., 1707.
R. S., 1708.
Feb. 14, 1903.
R. S., 1718.
| 250. Naval officer acting as consul. 249. Consuls' services to vessels.
Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States.
Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are discharged, and the payments, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of Commerce.
Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service, which any consular officer of the United States is authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to perform such service, and shall pay to such officer the fees allowed for such service by the rates or tariffs of fees. And every such master or commander who omits so to do shall be liable to the United States for the amount of the fees lawfully chargeable for such services when actually performed. All consular officers are authorized and required to retain in their possession all the
papers of such vessels, which shall be deposited with them as directed by the law, till payment shall be made of all demands and wages on account of such vessels.
No fees named in the tariff of consular fees prescribed June 26, 1884. by order of the President shall be charged or collected by consular officers for the official services to American vessels and seamen. Consular officers shall furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fees so prescribed for each service and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe; and the Secretary of the Treasury shall allow consular officers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Provided, That such services in the opinion of the Secretary of the Treasury have been necessarily rendered.
No consular officer, nor any person under any consular R. S., 1719. officer shall make any charge or receive, directly or indirectly, any compensation, by way of commission or otherwise, for receiving or disbursing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner. Such prohibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from transporting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation by law.
American vessels running regularly by weekly or R. S., 1720. monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year.
The fee for certifying invoices to be charged by the R. S., 1721. consul-general for the British North American Provinces, and his subordinate consular officers and agents, for goods not exceeding one hundred dollars in value, shall be one dollar.
250. Naval officer acting as consul.
The commanding officer of any fleet, squadron, or ves- R. S., 1433. sel acting singly, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be authorized to exercise all the powers of a consul in relation to mariners of the United States.