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; in the opinion of the collector, such erchandise, because of depreciation in lue by reason of damage, leakage, or her cause, will sell for an amount infficient to pay the duties, storage, and her charges if allowed to remain in neral order for 1 year. Unclaimed erchandise remaining on the dock hich, in the opinion of the collector, ll not sell for enough to pay the cost cartage and storage shall be sold in e same manner."

(h) If the collector is satisfied that e proceeds of sale will not be sufficient pay the expenses and duties, a writn or printed notice of the sale in lieu 'the advertisement shall be conspicuisly posted in the customhouse, and, if emed necessary, at some other proper ace for the time above specified.

(i) The catalogs, if used, shall specify le marks, numbers, and description of ackages, the description and quantities their contents, the appraised value hereof and also the domestic value at he time and place of the examination the merchandise. The catalogs shall distributed at the sale and announceent made that the Government does ot guarantee quality or value and that ɔ allowance will be made for any defiency found after sale.

(1) When the name and address of le consignee can be ascertained, notice I the date of sale shall be mailed to im. When unclaimed merchandise was unsigned to order or for other reason he name of a consignee cannot be obined, the collector, where practicable, hall notify the shipper or his representtive or the agent of the carrier of the ate when and place where the goods re to be sold.

(k) Merchandise offered for sale but ot sold shall be included in the next egular sale of unclaimed and abandoned erchandise. If the collector is satised that such merchandise is unsalable r of no commercial value, it shall be estroyed.

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(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."

(d) The duties of the auctioneer shall be confined to selling the merchandise and his charge for such service shall in

Household and personal effects of the character provided for in paragraph 1798, as amended, or paragraph 1632, Tariff Act of 1930, 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.

no case exceed the commissions usual at the port. Such commissions shall be allowed only on the gross sum actually realized on the sale.

auctioneer's

(e) Accounts for the 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. 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 without his consent. If no entry for the merchandise has been filed and no other attempt to control the merchandise has

"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 filed 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)

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; 19 U. S. C. 1491-1493 1559)

Sec.

21.1

21.2

21.3

21.4

21.5

21.6

21.7

21.8

21.9 21.10

PART 21-CARTAGE AND LIGHTERAGE

Licensing of cartmen and lightermen
marking of vehicles and lighters.
Employees' identification cards.
Classes of cartage.

Government cartage.

Importers' cartage.

Suspension or revocation of license of cartman or lighterman.

Supervision of cartage and lighterage Liability; reports of loss or damage. Tickets for goods carted or lightered. Inability to deliver merchandise. AUTHORITY: The provisions of this Part 21 issued under secs. 565, 624, 46 Stat. 747, 759. sec. 101, 76 Stat. 72; 19 U.S.C. 1565, 1624, Gen Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted.

SOURCE: The provisions of this Part 21 ap pear at 28 F.R. 14776, Dec. 31, 1963, unless otherwise noted.

§ 21.1 Licensing of cartmen and lighter. marking of vehicles and

men;

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 cus toms. 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

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 regula tions for the protection of the owners thereof

prescribed by 24.12 of this chapter. The collector may appoint or license as customs cartman or lighterman any ommon carrier who has executed and iled a carrier's bond, customs Form 3587. fhe license shall remain in force and Cffect as long as the required bond is onsidered sufficient or until the license $ suspended or terminated. Before cuspomhouse licenses are issued for bonded ighters or other such vessels, the vessel's aarine documents, if any have been ssued, shall be presented to the collector nd such documents shall be returned by he collector following his examination hereof. The collector may require the pplicant for a license to furnish a list howing the names and addresses of the managing officers and members of the rganization or of the persons who will eceive or transport imported merchanlise which has not been released from ustoms, or a list of all such persons and heir addresses. An applicant shall be equired in each case to undertake to urrender promptly to the collector the dentification cards of persons no longer mployed by the applicant or give reaons satisfactory to the collector why uch cards cannot be surrendered. The ollector may also require an applicant o undertake to furnish, at such times nd intervals as the collector deems ecessary, a current list showing the lames and addresses of the managing fficers and members of the organization r of the persons who will receive or ransport imported merchandise which as not been released from customs, or list of all such persons and their adiresses. A license shall be subject to uspension for failure to comply with the equirements of the two preceding senences, or it may be revoked for suffidently good cause.

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

(c) Every licensed vehicle used for ustoms cartage and every licensed barge, scow, or other lighter used for ustoms lighterage shall be conspicuusly marked with the legend "Customhouse License No.

" and the name of the person or firm to whom the icense has been issued. The abbreviated

and of the revenue as the Secretary of the Treasury shall prescribe." (Tariff Act of 1930, sec. 565; 19 U.S.C. 1565)

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 contract or other specific authority for that purpose (except as provided for in § 21.4 (b)), and "importers' cartage,"

which may be done by any licensed cus tomhouse cartman.

§ 21.4 Government cartage.

(a) The cartage of packages desig nated for examination at the appraiser' stores shall be done by a cartman under contract or other specific authority for that purpose. Contracts for government cartage shall be let annually after invi tations to bid have been mailed to at least 3 representative cartage companie and posted in public places. At least 3 days shall be allowed for submission such bids. If the collector of custom deems it necessary, notice of the invita tion to bid may be published in one a more local newspapers. If the collecto of customs determines that a bid guar antee is necessary, the bids for such cartage shall be supported by bid bonds submitted to the collector who has solic ited such bids. The contract will be le by the Commissioner of Customs on customs Form 3083 upon execution the bond provided as a part of such contract in a sum to be fixed by the Commissioner for the faithful per formance of the contract. Such con tract cartman shall be licensed as a cus tomhouse cartman. The cartage will be paid by the Government through the col lector of customs for the district in which the service is rendered from the appro priation "Salaries and Expenses, Bureau of Customs."

(b) Merchandise designated for examination at an importer's premises of other place not in charge of a custom officer may be carted, lightered, or car. ried to any such place by the importe without a cartman's or lighterman'ı license, when in the judgment of the col lector the revenue will not be endan gered. Otherwise, such transfer shall be done by a licensed cartman, who shall be the contract cartman whenever prac ticable.

(c) Merchandise withdrawn from general order for regular entry shall be conveyed under such contract at the expense of the importer to the place designated by the collector for appraisement.

(d) Unclaimed merchandise shall be carted to the public stores or bonded warehouse by bonded cartmen designated by the Commissioner and under contract for that purpose. Bond on customs Form 3083, in a sum to be approved by the Commissioner, shall be required for the faithful performance of the work The cost of such cartage shall be charged;

against the merchandise and collected rior to delivery under a regular entry or paid from the proceeds of sale.

(e) Seized merchandise shall be delivred to the custody of the collector by The most practicable means available to he seizing officer.

21.5 Importers' cartage.

(a) Any licensed customhouse cartaan may transfer merchandise at the Expense of the importer or other party in nterest from the importing vessel or ther conveyance to bonded warehouse, rom one vessel or conveyance to nother, from one bonded warehouse to nother, from the public stores to a onded warehouse, from warehouse for aransportation or for exportation, and rom an internal-revenue warehouse for xportation under the internal-revenue aws without payment of tax.

(b) The collector may license any imorter as a customhouse cartman for the urpose of carting his own imported aerchandise.

(c) Importers and exporters shall desgnate on the entry and permit of bonded Enerchandise the bonded cartman or ighterman by whom they wish their nerchandise to be conveyed and aproval of such designation shall be indiated on the entry papers by the initials of the appropriate customs officer placed en close proximity to the designation.

(d) If an importer does not cart his Inerchandise or designate a licensed cusComhouse cartman for the purpose, it hall be carted by a public-store cartman uthorized by contract or designated by he collector for that purpose, the cost hereof to be paid by the importer or wner of the merchandise before its elease from customs custody.

(e) Nothing in this section shall apply o the cartage of examination packages o the place of examination, which shall e done only by the contract cartman, Except as provided for in § 21.4 (b).

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(a) The cartman or lighterman conveying the merchandise shall be held liable under his bond for its prompt delivery in sound condition, or in no worse than the damaged condition noted on the cartage or lighterage ticket, customs Form 6043-A, Elliott Fisher ticket or customs Form 7502-A, 7506, or 7512, if damage is so noted. Any negligence or carelessness shall be ca:ise for revocation of the license.

(b) Any loss or detention of bonded goods and any accident happening to a licensed vehicle or lighter while carrying them shall be immediately reported by the cartman or lighterman to the collector.

(c) The collector may cancel liquidated damages not in excess of $20,000 incurred under a cartman's bond or a lighterman's bond upon the payment of such lesser amount, or without the payment of any amount, as he may deem appropriate under the circumstances. (Interprets or applies sec. 623, 46 Stat. 759, as amended; 19 U. S. C. 1623)

§ 21.9 Tickets for goods carted or lightered.

(a) When merchandise is carted or lightered and received in a bonded

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