54

56

Foreign-trade zones.

Customhouse brokers.

Trade Fairs.

AUTHORITY: The provisions of this Part 1 issued under 77A Stat. 14, sec. 624, 46 Stat. 759, 79 Stat. 1317; 5 U.S.C. 301, 19 U.S.C. 66, 1202 (Gen. Hdnote 11), 1624; Reorganization Plan 1 of 1965, 3 CFR 1965 Supp., unless otherwise noted.

SOURCE: The provisions of this Part 1 contained in T.D. 66-161, 31 F.R. 10668, Aug. 11, 1966, unless otherwise noted.

§ 1.1 Authority of customs officers.

(a) No action taken by any person pursuant to authority delegated to him by the Secretary of the Treasury (whether directly or by subdelegation) shall be invalid by reason of the fact that any statute or regulation, including any provision of this chapter, provides or indicates that such action shall be taken by some other person.

(b) Any action performed by a person pursuant to authority delegated to him by the Secretary of the Treasury (whether directly or by subdelegation) shall constitute compliance with any requirement of any statute or regulation which provides or indicates that it shall be the duty of some other person to perform such action.

(c) Any failure to perform any function required by statute or regulation, which failure is attributable to a reorganization of the Customs Service or the consolidation of the functions of two or more persons in one office, shall not invalidate any action taken by any customs officer.

(d) Unless otherwise indicated, "district director of customs," "collector of customs," "appraiser of merchandise" and variations of those terms, such as "district director," "collector of the district," "collector," "deputy collector," or "appraiser" as used in this chapter shall mean the district director of customs at a headquarters port (other than the port of New York, N.Y.); the regional commissioner of customs, the deputy and assistant regional commissioners of customs for Customs Region II at the port of New York, N.Y.; and the port director at a port not designated as a headquarters port. Ordinarily each port director will exercise the authority delegated herein only where statute, regulation, or instruction contemplates action at the port over which he has supervision.

[T.D. 66–161, 31 F.R. 10668, Aug. 11, 1966, as amended by T.D. 67-8, 31 FR. 16564, Dec. 28, 1966; 31 F.R. 16765, Dec. 31, 1966]

to any place designated by Executive order of the President,' by order of the Secretary of the Treasury,' or by act of Congress, at which a customs officer is assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws.2

1 "The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead: Provided, That the whole number of customs-collection districts, ports of entry, or either of them, shall at no time be made to exceed those established and authorized as on Aug. 1, 1914, except as the same may thereafter be provided by law. (19 U.S.C. 2.)

By virtue of the authority vested in him by sec. 1 of the act of Aug. 8, 1950 (64 Stat. 419), the President, by Executive Order 10289, dated Sept. 17, 1951 (16 F.R. 9499), delegated to the Secretary of the Treasury the authority theretofore vested in the President by sec. 1 of the act of Aug. 1, 1914, as amended (19 U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the several customs-collection districts, (2) to discontinue ports of entry by abolishing the same and establishing others in their stead, and (3) to change from time to time the location of the headquarters in any customs-collection district as the needs of the service may require.

2 The customs district of the Virgin Islands although under the jurisdiction of the Secretary of the Treasury, has its own customs laws. (See 48 U.S.C. 14061.) This district, therefore, is outside the customs territory of

(c) The following is a list of customs regions and districts, with a list of the ports in each district. The first-named port in each district (in capital letters) is the headquarters port, and the asterisk preceding the name of a port indicates that marine documents may be issued at such port. The ports were created by the President's message of March 3, 1913, concerning a reorganization of the Customs Service pursuant to the Act of August 24, 1912 (37 Stat. 434; 19 U.S.C. 1). That organization has been changed by subsequent orders of the President and the Secretary of the Treasury. Orders affecting existing ports are cited in parentheses following the name of the port effected.

the United States and the ports thereof are not "ports of entry" within the meaning of these regulations.

3 The customs region of New York City, N.Y., and the customs district of New York City, N.Y., are coextensive.

• Marine documents may be issued at Washington, N.C., a customs station in the customs district of Wilmington, N.C.; at Biloxi, Miss., a customs station in the customs district of Mobile, Ala.; and at Houma, La., a customs station in the customs district of New Orleans, La. Marine documents may also be issued at the commercial port of Guam, under the supervision of the district director of customs at Honolulu, Hawaii. Although the status of the port of Newark, N.J., was changed by T.D. 53786 to provide that it shall be operated as an integral part of the port of New York, N.Y., in the customs district of New York City, N.Y., marine documents may continue to be issued at Newark.

Districts

Ports of entry

PORTLAND, MAINE (including territory described in E.O. 9297, Feb. 1, 1943; 8 F.R. 1479). Bangor, Maine (including Brewer, Maine) (E.Ó. 9297, Feb. 1, 1943; 8 F.R. 1479).

Bar Harbor, Maine (including Mount Desert Island, the city of Ellsworth, and the townships of Hancock, Sullivan, Sorrento, Gouldsboro, and Winter Harbor) (E.O. 4572, Jan. 27, 1927).

Bath, Maine (including Booth Bay and Wiscasset) (E.O. 4356, Dec. 15, 1925).

Belfast, Maine (including Searsport) (E.O. 6754, June 28, 1934).

Bridgewater, Maine (E.O. 8079, Apr. 4, 1939; 4 F.R. 1475).

Calais, Maine (including townships of Calais, Robbinston, and Baring) (E.O. 6284, Sept. 13, 1933).

Eastport, Maine (including Lubec and Cutler) (E.O. 4296, Aug. 26, 1925).

Fort Fairfield, Maine.

Fort Kent, Maine.

Worcester.

scribed in T.D. 67-3). *Newport.

The counties of Sussex, Passaic, Hudson, Bergen, Essex, Union, Middlesex, and Monmouth in the State of New Jersey and that part of the State of New York not expressly included in the districts of Buffalo and Ogdensburg.

The State of Pennsylvania except the county of Erie, the State of Delaware, and that part of the State of New Jersey not included in the district of New York City.

The State of Maryland and the District of Columbia.

The States of Virginia and West Virginia.

The State of N.C.

The State of South Carolina

The State of Georgia, except the north shore of the St. Marys River and the city of St. Marys, Ga.

Tampa, Fla. The north shore of the St. Marys River and the city of St. Marys, Ga., and all the State of Florida lying east of the east bank of the Ochlockonee River except the counties of Hendry, Indian River, St. Lucie, Martin, Okeechobee, Palm Beach, Collier, Broward, Monroe, and Dade.

NEW YORK, N.Y. (including territory described in E.0.4205, Apr. 15, 1925) (T.D.53786). Albany, N.Y. *Perth Amboy, N.J.

*PHILADELPHIA, PA. (including Camden and Gloucester City, N.J., and territory described in E.O. 7840, Mar. 15, 1938; 3 F.R. 687; T.D. 53738 and T.D. 54303).

Chester, Pa. (E.O. 7706, Sept. 11, 1937; 2 F.R. 1848).

*Pittsburgh, Pa. (including the territory described In T.D. 66-220).

*Wilmington, Del. (including territory described in T.D. 54202) (E.O. 4496, Aug. 12, 1926). BALTIMORE. MD. (including territory described in T.D. 55020).

Annapolis, Md.

St. Petersburg (E.O. 7928, July 14, 1938; 3 F.R. 1749; including territory described in T.D. 53994).

*MIAMI, FLA. (including territory described in T.D. 53514).

*Key West (including territory described in T.D. 53994).

Port Everglades (E.O. 5770, Dec. 31, 1931) (including territory described in T.D. 53514) (Mail: Fort Lauderdale, Fla.).

*West Palm Beach (E.O. 4324, Oct. 15, 1925) (including territory described in T.D. 53514).