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NOTE.

The rates of the following reduced Currency Tables have been altered by

Law, viz

The Prussian Rix Dollar, from 68 cents to 69 cents.

[blocks in formation]

To make the table of Prussian Rix Dollar available, add 50 cents to the product of every $100.

To make the Franc table available, deduct 108 cents from the product of every 1000 Francs.

The table of Livres, of course, is useless.

AN ACT,

ALLOWING DRAWBACK UPON FOREIGN MERCHANDISE,

EXPORTED IN THE ORIGINAL PACKAGES TO

CHIHUAHUA AND SANTA FE, IN MEXICO,

AND TO THE

BRITISH NORTH AMERICAN PROVINCES ADJOINING THE UNITED STATES.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any imported merchandise which has been entered, and the duties paid or secured according to law, for drawback, may be exported to Chihuahua, in Mexico, or Santa Fé, in New Mexico, either by the route of the Arkansas river, through Van Buren, or by the route of the Red river, through Fulton, or by the route of the Missouri river through Independence.

SEC. 2. And be it further enacted, That all the merchandise so exported shall be in the original packages as imported, a true invoice whereof, signed by the exporter, shall be made, to the satisfaction of the collector, describing accurately each package with its contents and all the marks upon it, exclusive of the name of the exporter, the place of destination and the route by which it is to be exported; all which shall be inscribed thereon, upon which invoice the collector shall certify that he is fully convinced the same is true, that the goods are in the original packages as imported, that they are duly entered for drawback, and to be exported by the owner, (naming him,) to either of the places aforesaid, (naming it,) and by one of the aforesaid routes, (naming it.)

SEC. 3. And be it further enacted, That upon the arrival of such goods at either of the places in Arkansas or Missouri above named, they shall be again inspected and compared with the in voice and certificate aforesaid, by an officer of the United States, who shall, if fully convinced that the several packages are identical, having remained unbroken and unchanged, also certify on said invoice the facts, in such form as the Secretary of the Treasury shall prescribe.

SEC. 4. And be it further enacted, That upon the arrival of any such goods at Santa Fé or Chihuahua, they, with the invoice and certificates uforesaid, shall be submitted to the inspection of the Consul of the United States, or such agent as the President may appoint for that purpose; who, if fully convinced thereof, shall, in such form as the Secretary of the Treasury shall prescribe, certify upon said invoice that the goods have arrived there in the original packages as imported, without change or alteration, and have been exported from the United States in good faith, to be disposed of and consumed in a foreign country.

SEC. 5. And be it further enacted, That if the exporter shall give bond, with satisfactory sureties, in thrice the amount of duties, that the said merchandise by him exported, has been delivered at either of the places aforesaid without the United States, in good faith, to be sold and consumed there, and shall also produce said invoice, with the regular certificates thereon, the collector shall thereupon pay to him the usual drawback allowed by law.

SEC. 6. And be it further enacted, That the Secretary of the Treasury shall appoint inspectors to reside at each of the following places, to wit: Van Buren, Fulton, and Independence, abovenamed, or such other place in Missouri as the Secretary of the Treasury shall designate; who shall each have a salary of two hundred and fifty dollars, and make a full report of all the trade that passes under their inspection, to the Secretary of the Treasury, semi-annually, giving an account of the number of packages, the kind of goods, the value, and the names of the exporters.

SEC. 7. And be it further enacted, That any imported merchandise which has been entered, and the duties paid or secured according to law, for drawback, may be exported to the Briti h North American Provinces, adjoining the United States; and the ports of Plattsburg, in the District of Champlain; Burlington, in the District of Vermont; Sackets Harbor, Oswego, and Ogdensburg, in the District of Oswegatchie; Rochester, in the District of Genessee; Buffalo and Erie, in the District of Presqu'isle; Cleveland, in the District of Cuyahoga; Sandusky and Detroit, together with such ports on the seaboard from which merchandise may now be imported, for the benefit of drawback, are hereby declared ports from which foreign goods,

wares, and merchandise, on which the import duty has been paid, or secured to be paid, may be exported to ports in the adjoining British Provinces, and to which ports foreign goods, wares, and merchandise may be transported inland, or by water from the port of original importation, under existing provisions of law, to be thence exported for the benefit of drawback: Provided, That such other ports situated on the frontiers of the United States, adjoining the British North American Provinces, as may hereafter be found expedient, may have extended to them the like privileges, on the recommendation of the Secretary of the Treasury, and proclamation duly made by the President of the United States, specially designating the ports to which the afore said privileges are to be extended.

SEC. 8. And be it further enacted, That all laws now in force in relation to the allowance of drawback of duties upon goods imported into the United States, and exported therefrom, and in relation to the conditions and evidence on which such drawback is to be paid, shall be appli. cable to the drawback allowed by this act. And in addition to existing provisions on the subject, to entitle exporters of goods to the drawback allowed by this act, they shall produce to the collector of the port from which such goods, wares, and merchandise were exported, the certificate, under seal of the collector or other chief revenue officer of the port to which the said goods, wares, and merchandise were exported in the said adjoining provinces; which certifi cate shall be endorsed upon a duplicate or certified copy of the manifest granted at the time of such exportation, and shall state that the same identical goods contained in the said manifest had been landed at such foreign port, and duly entered at the custom-house there, and that the duties imposed by the laws in force at such port upon the said goods had been paid, or secured to be paid, in full; and the said exporters shall also produce the affidavit of the master of the vessel in which the said goods were exported, that the same identical goods specified in the manifest granted at the time of such exportation had been carried to the port named in the clearance or manifest, and had been landed and entered at the custom-house, and that the duties imposed thereon at the said foreign port had been paid, or secured to be paid; and that the goods referred to in the certificate of the collector or chief revenue officer of such foreign port herein mentioned, were the same identical goods described in the manifest aforesaid, and in the said affidavit.

SEC. 9. And be it further enacted, That no goods, wares, or merchandise, exported according to the provisions of this act, shall be voluntarily landed or brought into the United States; and on being so landed or brought into the United States, they shall be forfeited; and the same proceeding shall be had for their condemnation, and the distribution of the proceeds of their sales, as in other cases of forfeiture of goods illegally imported. And every person concerned in the voluntary landing or bringing such goods into the United States shall be liable to a penalty of four hundred dollars.

SEC. 10. And be it further enacted, That from the amount of duties upon any goods, wares, and merchandise imported into the United States, and which shall be exported according to the provisions of this act, there shall be deducted two and a half per centum of such amount, which shall be retained by the respective collectors for the use of the United States, and the residue only shall be the drawback to be paid to the exporters of such goods, wares and merchandise. SEC. 11. And be it further enacted, That the Secretary of the Treasury is hereby further authorized to prescribe such rules and regulations, not inconsistent with the laws of the United States, as he may deem necessary to carry into effect the provisions of this act, and to prevent the illegal re-importation of any goods, wares, or merchandise which shall have been exported as herein provided; and that all acts or parts of acts inconsistent with the provision of this act be, and the same are hereby, repealed.

Approved, March 3, 1845.

CIRCULAR INSTRUCTIONS TO COLLECTORS OF THE CUSTOMS.

TREASURY DEPARTMENT, April 10th, 1845.

Herewith you will receive an Act entitled "An act allowing drawback upon foreign mer. chandise exported in the original packages to Chihuahua and Santa Fé, in Mexico, and to the British North American provinces adjoining the United States," approved 3d March, 1845, accompanied with forms and instructions for carrying the same into execution.

The first six sections of the act apply to the exportation of merchandise, "in the original packages as imported" to Chihuahua, in Mexico, or Santa Fé, in New Mexico, either by the route of the Arkansas River through Van Buren, or by the route of the Red River through Fulton, or by the route of the Missouri River through Independence. Consequently foreign imported merchandise exported or conveyed to the places in Mexico, or New Mexico, mentioned,

by any other routes than those indicated in the act, will not be entitled to a drawback of the import duties. It is also to be remarked that the exportation of merchandise by the routes and to the places before mentioned, can only be made from the original port of importation.

In pursuance of the authority vested in the Secretary of the Treasury, by the 11th section of the act, the following rules, regulations, and forms, are prescribed, and are to be strictly observed. First. In regard to the exportation of merchandise to Chihuahua and Santa Fé:

On first giving twenty-four hours notice at the Custom-house, of intention to export, the exporter must make due entry, and for that purpose must produce the invoice required by the 2d section of the act. Said entry must recite the invoice in detail, and in addition give a particular description of the merchandise, whence and by whom imported, the name of the vessel and the time of importation, with the original invoice value of the goods; and also state the destination and route by which the merchandise is to be transported. The entry must in all cases be veri fied by the oath or affirmation of the person making the same, together with the oath or affirmation of the first importer, with that of any person through whose hands the merchandise may have passed, declaring the same to be in the original package or packages, and that the duties have been paid or secured. Inspection of the packages should also be carefully made by a proper officer of the customs at the time of making entry. The bond required by the 5th section of the act must be given by the exporter.

In consideration of the large inland transportation and the consequent risk of injury and defacing the marks on the packages, thereby rendering it difficult to identify them, it is deemed proper for the more effectual security of the revenue, to require that each package shall be enclosed in a secure wooden box or covering, on which the same marks and numbers are to be placed as those on the inner package. The inner package is to be secured with a strong cord or rope, with the Custom-house seal attached.

Forms of entry, invoice certificates, and oaths, are herewith transmitted, marked from A to D inclusive.

Second. The remaining sections of the act apply to the exportation of merchandise for benefit of drawback to the British North American provinces adjoining the United States, and enumerate certain ports, "declared ports from which foreign goods, wares, and merchandise, on 'which the import duty has been paid or secured to be paid, may be exported to ports in the ad'joining British Provinces, and to which ports foreign goods, wares, and merchandise, may be 'transported inland or by water, from the port of original importation under existing provisions ' of law to be thence exported for benefit of drawback."

The course to be pursued in the transportation inland of foreign merchandise in the original packages as imported, to the designated ports of exportation enumerated in the 7th section of the act, is to be similar to that prescribed in the 79th section of the general collection act of 2d March, 1799, and all the legal requirements and forms of law must be strictly pursued, in cases arising under this act.

In the exportation by sea to ports in the adjoining British provinces, all existing requisitions of law, regulating the exportation of merchandise to foreign ports, for the benefit of drawback, must be fully complied with.

On the arrival of merchandise transported inland at either of the enumerated ports of exportation, a strict and thorough inspection of the same must be made by an officer of the customs, to see that the goods are identical with those described in the accompanying transportation certifi cate, granted by the collector of the port from whence they may have been originally transported. In the event of any detention of the merchandise, at the port of exportation, for any cause, said merchandise must be deposited either in the custom-house, or some secure store-house, to be selected by the collector, the keys of which must be lodged in his hands. Any expense for storage must be defrayed by the owner or consignee of the goods. Before exporting the goods to their destined port in the adjoining British Provinces, entry must be made according to the forms herewith, marked E. and F.

On the return of the manifest with the certificates thereon, in due form, to the collector of the port of exportation, it must be immediately transmitted to the collector of the district and port from whence the goods were originally transported, in order that the drawback of the duties may be duly paid by the collector of said port.

It is to be specially noted, that the law contemplating the probable retention of the original manifest at the foreign Custom-house, requires a duplicate or certified copy of the same, to be granted at the time of exportation, on which is to be endorsed the certificate of the foreign collector, and also the oath or affirmation of the master.

R. I. WALKER, Secretary of the Treasury.

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