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Index of civil orders and circulars of the department of Cuba, 1901
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University of Michigan Law Library
HEADQUARTERS DEPARTMENT OF CUBA,
Havana, July 4, 1901.
The Military Governor of Cuba directs the pub-
lication of the following order:
1. Major L. V. Caziarc, Artillery Corps, Assist-
ant Adjutant General, having been ordered by the
Secretary of War to proceed to the United States,
is relieved from further duty as Supervisor of Police,
Provost Marshal and Chief of Secret Service of the
City of Havana, and will turn over the funds, proper-
ty and records, for which he is responsible to his suc-
cessor, Captain F. S. Foltz, Second Cavalry.
The Military Governor desires to earnestly com-
mend the services rendered by Major Caziarc since his
arrival in Havana, which have contributed in a very
high degree to the maintenance of the efficiency and
discipline of the police, as well as to the peace and
order prevailing in this City.
The Military Governor regrets the separation of
Major Caziare from his staff.
2. Captain F. S. Foltz, Second Cavalry, is detail-
ed as Supervisor of Police, Provost Marshal and Chief
of Secret Service of the City of Havana, and will
receipt to Major Caziare for all public property and
funds for which he is responsible.
14t. Lieut. Artillery Corps,
CUARTEL GENERAL, DEPARTAMENTO DE CUBA,
Habana, 4 de Julio de 1901.
El Gobernador Militar de Cuba ha tenido A bien
disponer la publicaci6n de la signiente or-len:
1. Dispuesto por el Secretario de la Guerra el
traslado a los Estados Unidos del Comandante L. V.
Caziarc, Cuerpo de Artilleria, Ayudante General Auxi-
liar, por la present se le releva de su empleo como Su-
pervisor de Policia, Preboste y Jefe del Servicio Secreto
de la ciudad de la Iabaina, y tendril quetrasladar A su
sucesor, el Capitin F. S. Foltz, del 2 de Caballeria,"
todos los fondos, bienes, archives y dem:s pertenencias
de que sea responsible.
El Gobernador Militar desea expresar el aprecio
que le merecen los servicios prestados por el Coman-
dante Caziarc desde su llegada a la Habana, que en
alto grado ban contribuido al sostenimiento de ]a dis-
ciplina y eficacia del Cuerpo de Policia, y a la conser-
vaci6n del orden pfiblico en esta ciudad.
'El Goberriador Militar lament la separacion
del Comandante Caziarc de su Estado Mayor.
2. Por la present se nombra Supervisor de Po-
licia, Preboste y Jefe del Servicio Secreto de la ciudad
de la Habana. al Capitan F. S. Foltz, del Segundo de
Caballeria, quien entregari recibo al Comandante Ca-
ziarc de todos los fondos y bienes del Estado que se
hallasen a su cargo.
ler. Tte. del Cuerpo de Artilleria.
Ayudante de Campo Interino.
HEADQUARTERS DEPARTMENT OF CUBA,
Havana, July 5, 1901.
Upon the recommendation of the Secretary of
State and Government, the Military Governor of Cuba
directs the publication of the following order:
1st. The election of the respective Ayuntamien-
tos, Mayors and Treasurer-Collectors in the Municip-
al Districts of Marianao and Bolondr6n, shall be held
under the following rules:
(a) On a day which shall be named in advance
by the Department of State and Government, there
shall meet in the Ayuntamiento building an assembly
composed of persons who in addition to having the
qualifications set forth in the following paragraph,
shall have those of electors, and shall be eligible,
under Order NY 91, current series.
(b) Said assembly shall be composed, in equal
parts, of persons chosen from among the principal
tax-payers, as named in the first two-thirds of the
respective lists of names, under the respective headings
of Territorial, Industrial and Commercial assessments,
and Qualification, and from among persons who,
although not tax-payers or qualified, are electors and
eligible under the provisions of Order N? 91, current
series. In no case shall the total number of those
designated exceed eighty.
(c) The designation of the assembly in said form
shall be made by the Secretary of State and Govern-
ment, or by a delegate appointed by him.
(d) The assembly, under the presidency of the
Secretary of State and Government or of the delegate
appointed by him, together with the Secretaries
elected by the President from among those present,
shall proceed to elect, in one act and simultaneously,
the Mayor, Councilmen and Treasurer-Collector, by
(e) Only those persons having the qualifications
provided in Order NY 91, current series, shall be eli-
(f) Immediately after the voting, the scrutiny
shall be made, and those having a majority of votes,
declared elected until the total number of Councilmen
corresponding to the Municipality, is reached. In case
of a tie, it shall be decided by lot.
(g) A minute signed by those present shall be
made of all that occurs during the meeting, as well as
of the protests that may be presented; which minute
shall be duly referred, sealed and waxed, to the Mili-
tary Governor, for proper action.
II. The foregoing provisions shall be complied
with in all cases where, for any reason, the Aynnta-
miento may cease, or the elections may be annulled.
III. Every person charged with the perform-
ance of any duty under the provisions of this order,
relating to elections, who wilfully neglects or refuses
to perform it, or who knowingly and fraudulently
deprives any individual of his right to register or vote,
shall be punished, on conviction thereof, by impris-
onment for not less than six months nor more than
lst. Lieut., Artillery Corps,
Acting Aide-de- Camp.
CARTEL GENERAL, DEPARTAMENTO DE CUBA,
Habana, 5 de Julio de 1991.
El Gobernador Militar de Cuba, A propuesta del
Secretario de Estado y Gobernaci6n, ha dispuesto la
publicaci6n de la siguiente orden:
I. En los T4rminos Municipales de Marianao y
Bolondr6n se procedera a la elecci6n de sus respecti-
vos Ayuntamientos, Alcaldes y Tesoreros-Recaudado-
res, con sujecicn A las siguierites Reglas.
(a). En el dia que pr6viamente se fije por la Se-
cretaria de Estado y Gobernaci6n, se reunirA en la
Casa Consistorial de cada uno de dichos Terminos, una
Asamblea compuesta de personas en quienes, ademis
de concurrir las cualidades seiialadas en el pArrafo si-
guiente, tengan la de electores y elegibles con arreglo
A la Orden N? 91, series corriente.
(b). Esta Asamblea estarA comnuesta porpartes
iguales designadas entire los mayores contribuyentes
por cada uno de los concepts de Contribuci6n Terri-
torial, Industria y Comercio, que figure en los dos
primeros tercios de las respectivas listas; Capacidad, y
tambi6n de entire los individuos en quienes no concu-
rriendo la condici6n de Contribuyentes ni de Capaci-
dades, tengan la de electores y elegibles, conforme -A
lo establecido en la susodicha Orden N9 91, s. c.-
En ningfn caso excedera de ochenta el nfimero total
de los designados.
(c). La designaci6n de la Asamblea en la forma
ya indicada, se hara por el Secretario de Estado y Go-
bernaci6n, 6 por el Delegado que 6ste design.
(d). Reunida la Asamblea bajo la presidencia del
Secretario de Estado y Gobernaci6n, 6 del Delegado
que design, asistido de los Secretarios elegidos por la
Presidencia de entire los concurrentes, procederin sus
miembros, en un solo acto y simultineamente hla elec-
ci6n de Alcalde, Concejales y Tesorero-Recaudador, en
votaci6n secret y por papeletas.
(e). S6lo serin elegibles para los indicados car-
gos las personas que tengan las condiciones prevenidas
en la Orden NM 91, s. c.
(f). Hecha la votaci6n, seguidamente se proce-
derA A practicar el escrutinio, declarAndose elegidos
a los que resulted con mayor nitmero de votos, hasta
completar el total de concejales que a la Municipalidad
corresponds. En caso de empate, decidira la suerte.
(g). De todo ]o ocurrido en la sesi6n, asi como
de las protests que se presentaren, se lhvantara acta
que suscribirin los concurrentes, la cual se elevarli, de-
bidamete sellada y lacrada, al Gobernador Militar, pa-
ra la resoluci6n correspondiente.
II. Las precedentes Reglas, serain observadas en
todos los casos en que, por cualquier motivo, deban ce-
sar los Ayuntamientos 6 hubieren sido anuladas sus
III. Todos los que fueren encargados del cum-
plimiento de algfin deber previsto en esta Orden, rela-
cionado con las elecciones, que voluntariamente lo
desatendieren 6 rehusaren cumplirlo, 6 que, a sabien-
das y con fraude, contravinieren 6 violaren cualquiera
de las disposiciones de la present, 6 que, ai sabiendas
y con fraude, quitaren a algin individuo su derecho
de inscripci6n 6 de voto, serhn castigados, una vez
convictos, con prisi6n que no sea menor de seis meses
ni mayor de un afio.
ler. Tte. del Cuerpo de Artilleria.
Ayudante de Campo interior.
HEADQUARTERS DEPARTMENT OF CUBA,
Havana, July 8, 1901.
The Military Governor of Cuba, upon the recom-
mendation of the Secretary of Justice, directs the pub-
lication of the following order:
I. It is hereby directed, that the lists of eligibles
to be posted according to the provisions of Article
XXVII of Civil Orders N9 213, series of 1900,
by the Mayors for the purpose of forming Juries, be
posted this year on the first day of August, counting
from this date the twenty days referred to in the
second paragraph of the abovementioned Article
II. In the meantime, the lists at present existing
in the Correctional Courts, will be used to form the
l1t. Lieut. Artillery Corps,
CARTEL GENERAL, DEPARTAMENTO DE CUBA,
Habana, 8 de Julio de 1901.
El Gobernador Militar de Cuba, a propuesta del
Secretario de Justicia, ha tenido A bien disponer la
publicaci6n de la siguiente orden:
I. Por la present se dispone que las listas de
elegibles que con arreglo al Articulo XXVII de
la Orden N 213, series do 1900, deben ser fijadas
por los Alcaldes A los efectos de la formaci6n de los
Jurados. habrAn de quedar fijadas, por este ailo, el
dia 19 de Agosto, fecha A partir de la cual empezarin
A contarse los veinte dias a que alude el pArrafo segun-
do de dicho Articulo XXVII.
II. Entre tanto continuarAn utilizAndose para.
la formaci6n de los Jurados las mismas listas que ac-
tualmente se encuentran en poder de los Jueces Co-
ler. Tte. del Ouerpo de Artilleria,
Ayudante de Campo interino.
HEADQUARTERS DEPARTMENT OF CUBA
Washington, D. C., June 22, 1901.
By direction of the President, the following customs. regula-
tions for ports in the island of Cuba, will be proclaimed and
enforced in said island, and will take effect on promulgation in
All regulations and orders, heretofore issued, inconsistent
herewith are hereby repealed.
Secretary of War.
GUIDANCE OF OFFICERS CONCERNED IN THE COLLECTION OF DUTIES
ON IMPORTSPORTS AN E ORTS AND OTHER CHARGES AND EXACTIONS
TO BE LEVIED AND COLLECTED AS A MILITARY CONTRIBUTION AT
PORTS AND PLACES IN CUBA IN THE POSSESSION OF OR UNDER
TIHE CONTROL OF TIE UNITED STATES.
General Functions of the Customns-IlHouses, their Classes,
ihe Authority by which Created,
and the Present Customs Ports in Cuba.
ARTICLE 1. The customs-houses are the offices established
by competent authority in those ports which have been desig-
nated for the entrance and clearance, transfer and trans-shipment
of merchandise, in order to collect the customs duties and enforce
the existing customs laws and regulations.
ART. 2. The customs-houses of the island of Cuba are
divided into two classes. The custom-house of the first class
shall be the one at the principal customs port of the island; the
custom-houses of the second class shall be those at the ports
which are declared to be subports of the principal customs port.
An officer of the Army shall be appointed collector of the prin-
cipal customs port. Besides acting as collector, lie shall be the
chief of the customs service, and shall be designated as the
collector of customs for Cuba. Under the orders of the military
governor he shall have general jurisdiction over all the custom-
houses of Cuba, with the authority conferred by the orders of the
President, dated at the Executive Mansion, December 13, 18i8,'
WAR DEPARTMENT, WTashington, December 17, 1898.
The following order of the President is published for the information and
guidance of all concerned:
EXECUTIVE MANSION, DI)ecubr 1.1, 1898.
By virtue of the authority vested iln ie as Conlmander in Chief of the Army
and Navy of the United States of America, I do hereby order and direct that
the following tariff of duties and taxes shall he levied and collected and the
regulations for the administration thereof shall take effect and be in force in all
ports and places in the island of Cuba and all islands in the West Indies west of
the seventy-fourth degree west longitude, evacuated by Spain, on and after
January 1, 1899.
All questions arising in the administration of customs shall be referred to
the collector at the port of Havana for decision, and there shall be no appeal
and March, 31, 1900," respectively, and respectively promulgated
by the War Department under the dates of December 17, 1898,
and March 31, 1900.
A RT. 3. As far as possible there shall be appointed by the
military governor of Cuba, with the approval of the Secretary
from such decision except in cases where the collector may find it expedient to
ask for special instructions of the War Department on the points involved.
Necessary and authorized expenses for the administration of said tariff and
regulations shall be paid from the collections thereunder.
Accurate accounts of collections and expenditures sball be kept and rendered
to the Secretary of War.
The above order and the following tariff of duties and taxes prescribed
thereunder will be proclaimed and enforced, as therein provided, and all regu-
lations and orders heretofore issued inconsistent herewith are hereby repealed.
G. I). MEIRLEJOIN,
Actling Secretrly of 1V1r.
WAR DEPARTMENT, TIashington, D. C. March 31, 1900.
The following order of the President is published for the information and
guidance of all concerned:
Ex ICUTIVE MANSION, (Marchl 31, 1900.
By virtue of tihe authority vested in me as Commander in Chief of the
Army and Navy of the United States of America, I do hereby order and direct
that the following tariffand duties shall be levied and collected in all ports and
places in the island of Cuba and all islands in the West Indies west of the
seventy-fourth degree west longitude, evacuated by Spain, on and after June
15, 1900, and shall remain in force one year from the date of promulgation
All questions arising in the administration of tie customs regulations
shall be referred to the collector at the port of Havana for decision, and there
shall be no appeal from such decision except in cases where the collector may
find it expedient to ask for special instructions of the War Department on the
Importers 'who are dissatisfied with the valuation or classification of
merchandise as fixed by the collector of the port shall pay the duties imposed,
lunt may file at the time of payment a written protest and appeal, stating briefly
the value or classification which it is claimed should have been established.
Said protest and appeal shall forthwith be transmitted by the collector,
through the chief of customs service, to the military governor of the island,
who will review and either aflirm, reverse, or modify the action complained of.
Necessary and authorized expenses for the administration of said tariff and
regulations shall be paid from the collections thereunder.
Accurate accounts of collections and expenditures shall be kept and ren-
dered to the Secretary of War.
The above order and the following tariff of duties prescribed thereunder
will be proclaimed and enforced, as therein provided, and all regulations and
orders heretofore issued inconsistent herewith are hereby repealed.
Secretary of fIar.
of War, officers of the Army who shall act as collectors of
customs of the subports. If at any time in any subport the
services of an officer of the Army are not available as collector, a
civil official may be appointed temporarily as acting collector.
ART. 4. Custom-houses shall be established or suppressed
by the military governor of Cuba.
ART. 5. The port of Havana has been duly designated
as the principal customs port of Cuba, and the following ports
have been declared subports, viz: Matanzas, Cardenas, Cien-
fuegos, Sagua la Grande (Isabela de Sagua), Caibarien, Santiago
de Cuba, Manzanillo, Nuevitas, Guanthnamo, Gibara, Baracoa,
Trinidad, Santa Cruz del Sur, Tunas de Zaza, and Bataban6,
in the Island of Cuba, and the duly appointed collectors of
these ports, or other person appointed as acting collector, shall
have general jurisdiction over the collection of the customs
revenue in the respective ports. Collectors or acting collectors
at the subports shall render such reports and accounts as may
be required from time to time by superior authority. All official
correspondence directed to or proceeding from the collectors of
subports shall be transmitted through the office of the collector
at the principal customs port.
DUTIES AND POWERS OF CUSTOMS OFFICIALS.
AnT. G. The general duties and powers of customs officials
are such as relate to the documenting of vessels of the island of
Cuba in proof of nationality and ownership; the exclusion of
foreign vessels from the coastwise trade, except those authorized
by law; maintenance of the laws and treaties concerning com-
mercial intercourse; the securing of the lawful revenue from
importations of foreign merchandise; the suppression and
prevention of smuggling and other frauds on the customs
revenue, and the collection and deposit of duties, fees, and
penalties accruing under the customs and navigation laws; the
disbursement of public moneys; the use and preservation of
public property; the enforcement of the immigration laws, and
the compilation of returns of the commerce, navigation, and
immigration of the island of Cuba.
AnT. 7. General powers of search, seizure, and arrest under
the revenue laws are hereby conferred upon the officers of the
customs, including inspectors, occasional inspectors, officers of
revenue cutters, authorized agents of the customs service, and
* r L
other persons specially appointed for the purpose in writing by a
collector of customs. In the exercise of these powers they are
authorized to board vessels, to hail and stop the same, and to use
force, if necessary, to compel compliance, and to search all such
vessels and all persons, trunks, and packages found on board.
These general powers are not confilied to the districts to which
the officers may be attached, but may be exercised in other
ART. 8. Customs officers must warn and advise all persons
with whom they deal, in order to prevent such persons from
committing innocently, or through ignorance, offenses against
the revenue laws and regulations.
ART. 9. Customs officers are authorized to board vessels
bound for the island of Cuba, whether in port or within four
leagues of the coast; to demand manifests or make search and
examine any or all parts of the vessel; to seal and take account
of any packages found separated from the residue of the cargo;
but in the case of foreign vessels protected by treaty, notice of
an intended search must be given to the proper foreign consul.
ART. 10. They are authorized to stop, search, and examine
any vehicle, beast, or person on which or whom they suspect
there is merchandise unlawfully introduced into the island of
Cuba. If such goods are found, they shall seize the vehicle,
beast, or packages, and arrest the person or persons, and report
the facts to the collector.
They are authorized to enter upon or pass through the lands,
inclosures, or buildings other than dwelling houses, of any person,
at all times, either day or night.
ART. 11. When officers of the customs shall have cause
to suspect a concealment of merchandise in any particular dwell-
ing house or store, they will, upon application to the municipal
judge or to a judge of first instance, or, in their absence, to the
mayor of the city or town or district, be entitled to a warrant to
enter such house, store, or other place to search for smuggled
A ir. 12. Customs officers are empowered to seize all letters
or packages, packets or parcels containing letters which are being
carried contrary to law on board any vessel or on any post route,
and convey them to the nearest post-office or detain them subject
to the orders of the postal authorities.
AuT. 13. Principal customs officers are required to keep
true, correct, and permanent records and accounts of their official
transactions, to submit the same to the inspection of authorized
officers at all times, and to turn over all records and official papers
to their successors, or to other authorized officers.
AnT. 14. Customs officers receiving or having in possession
public money or property are required to render such accounts
and returns thereof, and in such form as may be required by the
Secretary of War or by the military governor.
COLLECTOR OF CUSTOMS.
Aw~. 15. At the head of each custom-house shall be a
chief officer called the collector of customs, whose duties and
powers are as follows:
First. To carefully comply with and to require all his
subordinates to comply with whatever is prescribed in these
regulations, in the customs laws, and in general or special orders
from superior authority relating to the customs.
Second. To decide all questions raised in the dispatch of
merchandise and in the transaction of daily business in the
custom-house. The collectors of subports shall refer all questions
in regard to which they are themselves in doubt to the collector
of the chief port for his decision.
Third. Collectors of customs shall prescribe the interior
regulations for their respective custom-houses, which shall be in
accord with these general regulations and shall be approved by
the collector of customs for Cuba.
Fourth. They shall see that all duties, taxes, and imposts
connected with the customs revenue are collected within the
prescribed times; that the cashiers and employes intrusted with
the receipt of customs dues make their deposits punctually and
correctly in the public treasury, and that the register of collection
is proven correct by comparison, within the prescribed times,
with the books of the cashier and of the bookkeeper, and certifying
or directing the certification of the balances after due examination.
Fifth. They shall forward all reports required of them by
superior authority, and shall transmit to higher authority all
proper documents submitted to them for that purpose, with an
endorsement of their views thereon.
Sixth. Subject to approval by higher authority, they shall
appoint the employes of the respective customs-house, with power
to discharge for the good of the service.
Seventh. Collectors of customs in Cuba are hereby directed
to perform the duties formerly belonging to United States consuls
or consular officers in such territory, so far as concerns seamen,
vessels, clearances, etc.
Official fees or dues collected by United ~ l.l-. consuls
under similar circumstances shall be collected by such collectors
of customs, and all moneys collected under the provisions of this
order shall be deposited and accounted for as prescribed for
- I -
In order to comply with the provisions of section 2844,
United States Revised Statutes, the certification of invoices of
goods shipped to the United States from Cuba shall be executed
yb a consul of a friendly nation or by two resident merchants of
ART. 16. Collectors of customs shall see that the moneys
collected by them are safeguarded while in their possession.
ART. 17. In the determination of the classification of
merchandise and of rates and amounts of duty on all imported
merchandise, the decision of the collector of customs at the chief
port of Havana shall be final and conclusive, except in cases where
he may find it expedient to ask for special instructions from the
War Department on the points involved, and except in cases
of decisions on classifications or valuations adverse to the im-
porter, when an appeal may be taken as provided in Chapter
XXV of these regulations.
Au'. 18. The collector is the chief officer of his customs
district. Every vessel on arrival from a foreign port becomes
subject to his authority until her cargo has been discharged on
permits issued by him. He holds possession of all imported
merchandise upon which duties have not been paid or secured
to be paid, disposing of the same according to law. Merchandise
must be entered in his office and duties paid to him only, or ttie
official authorized by him to receive them.
ART. 19. Collectors are not personally liable for the losses
occasioned by their official acts, nor for the laches of their
ART. 20. At every custom-house whose organization re-
quires it there shall be a special deputy collector, in whom the
powers and duties vested by law in collectors are also by law as
fully vested. In the event of the death, disability, or absence
of a collector, the special deputy is authorized and required to
perform the duties of collector.
Auir. 21. Each collector, with the approval of the Chief
of the Customs Service, may appoint such deputy collectors as
may be necessary, and they shall be authorized to sign such
documents in connection with their departments as may be
designated to them by the collector.
ART. 22. The surveyor is the out-door executive officer of
the port, and supervises the force of inspectors, weighers,
measures, gaugers, and laborers. lie takes charge of all vessels
arriving from foreign ports, and reports their name and character
to the collector. Hie supervises the discharge of their cargoes and
the landing of merchandise exported or transported in bond. He
has charge of the admeasurement of vessels for registry and for
the adjustment of the tonnage tax. In the admeasurement of
vessels he shall be guided by the rules prescribed in the United
States Customs Regulations.
ART. 23. At ports having a collector and a surveyor the
surveyor is required, under the direction of the collector--
1. To superintend and direct all inspectors, weighers,
and measurers within his port.
2. To report once in every week to the collector the name
or names of all inspectors, weighers, or measures who are absent
from or neglect to do their duty.
3. To visit or inspect the vessels wh ch arrive in his port
and make a return every morning to the collector of all vessels
which have arrived from foreign ports during the proceeding day,
specifying the names and denominations of the vessels, the
masters' names, from whence arrived, whether laden or in ballast,
and to what nation belonging.
4. To put on board of each of said vessels, immediately
after their arrival in port, one or more inspectors.
5. To examine whether the goods imported in any vessel
and the deliveries thereof correspond, according to the inspectors'
returns, with the permits for landing the same, and if any error
or disagreement appears, to report the same to the collector.
6. To superintend the lading of all goods for exportation
and examine and report whether the kind, quantity, and quality
of the goods so laden on board any vessel for exportation
correspond with the entries and permits granted therefore.
7. To examine and from time to time, particularly on the
first Mondays of January and July in each year, try the weights,
measures, and other instruments used in ascertaining the duties
on imports, with standards to be provided by the collector for
that purpose; and where disagreements with the standards are
discovered to report the same to the collector, and to comply
with such directions as he may receive for correcting the same.
8. To preserve with care all orders received from superior
CUSTOMS INSPECT IS.
ART. 24. At ports where a surveyor is appointed, inspectors
shall be assigned to duty by him, subject to the orders of the
collector; otherwise they shall be assigned by the collector. At
ports where inspectors are required to wear uniforms, they must
always be worn when on regular duty. When inspectors are
ordered on special service they must wear a badge of office
conspicuously displayed, unless otherwise authorized or directed.
All inspectors shall ascertain whether sailing vessels coming
within their official cognizance are provided with the signal lights
prescribed by law, and shall report all cases of nonobservance
of the law, in order that the legal penalties may be enforced.
Inspectors are required to send at once to the public stores all
goods seized by them for violation of law, taking the storekeepers'
receipts for such goods and sending such receipts, with full
reports of the case, to the surveyor.
They shall not perform any private or unofficial duties or
services on board the vessels to which they may be assigned,
under penalty of dismissal from the service.
ART. 25. District inspectors must be in their respective
districts during such hours as the surveyor may direct, and where
two inspectors are assigned to the same district one or the other
of them must be constantly on duty during the prescribed hours.
They have general supervision of all vessels coming into their
districts and shall report all discovered violations of the revenue
or navigation laws and regulations to the surveyor. They are to
make examinations as often as necessary of vessels coming into
their districts and to ascertain whether Cuban vessels are properly
documented and have duly complied with all laws relating tb
navigation. They shall secure and seal the hatches and openings
of all vessels from foreign ports coming within their districts and
retain the custody of the same until relieved by discharging
If no assignment of an inspector be made especially to such
vessels, the district inspector shall take charge of the lading
thereof without further notice.
In the case of vessels permitted to proceed to another district
before completely discharging, the inspector in charge of the first
district shall submit to the surveyor a statement of the portion of
the cargo already discharged, for delivery to the district in-
spectors, under whose supervision the remainder of the cargo is to
be discharged. The inspector in charge of the final delivery shall
make the final returns of discharge. They shall report daily to
the surveyor the names of all importing vessels which arrived in
their districts during the previous day, distinguishing between
those not discharged, those partly discharged in their districts,
and those wholly discharged.
They shall each keep a permanent record book in which to
enter, with necessary particulars, all entries, orders, and permits
received by them, and another book to enter an account of all
coasting vessels examined, both books to be in the prescribed
ART. 26. They are to supervise the shipment of goods for
exportation or transportation in bond in their respective districts.
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ART. 27. When the lading of the merchandise on board
the vessel or other conveyance is completed, the district officer
under whose supervision the lading is done shall endorse upon
the original entry the proper certificate of the shipment. When
merchandise for export or transportation has been ordered to be
weighed or gauged, the name of the weigher or gauger by whom
the same was done shall be given underneath the certificates. If
a manifest is required to be delivered to the master of the vessel
or to the conductor of a railroad car, such manifest must be
certified by the district inspector and delivered as directed.
ART. 28. Whenever any portion of the merchandise de-
scribed in the export or transportation entry is not shipped in
accordance with the orders and directions upon the entry, the
district inspector, in making his certificate of shipment, shall
state that the merchandise was shipped "in part," and the
number of packages or quantity of merchandise not shipped must
be specified underneath the certificates, and the reason, if known,
why the merchandise was not shipped, and what disposition was
made thereof, must also be stated.
ART. 29. Such unshipped merchandise must be sent to the
nearest general order store, with a ticket or receipt, describing
the merchandise, and stating upon it that the merchandise is
"for export-or transportation, as the case may be-but not
shipped", which ticket or receipt shall be signed by the store-
ART. 30. When the export or transportation entries are
returned to the surveyor's office, the ticket or receipt for goods
not shipped and sent to the general-order store shall be attached
to the original entry.
Officers who certify shipments of goods without due in-
spection and supervision of the shipments will be subject to the
penalties prescribed in Article 221.
ART. 31. It is the duty of boarding inspectors to board
vessels arriving from foreign ports, and, after ascertaining the
name of the vessel and master, and port of departure in each
case, to examine the documents relating to the vessel and crew,
and certify the manifest of cargo, verifying the same by actual
examination, and when necessary to seal or otherwise secure the
hatches and openings until the necessary permits for unloading
can be granted and a discharging officer assigned to the vessel.
ART. 32. Coast inspectors are appointed to protect- the
interest of the revenue with respect to all goods, wares, and
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merchandise which may be landed or in any way come to the
land from a vessel from a foreign port wrecked or stranded upon
On learning that a vessel has been wrecked or stranded, the
coast inspector or other customs officer nearest the place where
the casualty has occurred shall at once proceed to or as near the
location of the stranded or wrecked vessel as is possible and, as
soon as he ascertains the situation of the vessel, make report, in
writing, of all the facts and circumstances in relation thereto to
the surveyor. In case the vessel is likely to break up, or if the
condition of the vessel is such that its cargo can be landed or
discharged therefrom, he shall remain at or near the wreck and
take possession and keep charge of all goods and merchandise
which may come or be brought to laid.
ART. 33. In case the cargo of the vessel wrecked or stranded
is delivered into lighters or -other vessels for conveyance into
port, the coast inspector shall keep an account thereof, and before
any lighter or vessel having on board any of the cargo is allowed
to depart shall make out two lighter manifests, in the form
described, to be signed by the master, and stating, asparticu-
prlarly as possible, what cargo has been taken on board thereof.
One copy of such lighter bill shall be retained by the master and
be by him delivered at the custom-house on the arrival of the
lighter or vessel in port; the other copy shall be transmitted by
the coast inspector to the surveyor. Whenever necessary the
surveyor shall send an inspector of customs to any wrecked or
ART. 34. Masters of light-house tenders are hereby invested
with police powers of search, seizure, and arrest, for smuggling
and other crimes pertaining to Government property.
ART. 35. Night inspectors are appointed for the purpose of
preventing smuggling. They are required to keep a vigilant
watch over the vessels, stores, or merchandise whose custody is
committed to them, in order to prevent the landing, between
sunset and sunrise, of any merchandise from any vessel unless
the same is done by proper authority and under the supervision
of a discharging inspector, and to protect the bonded stores and
merchandise from robbery, or the unlawful removal of merchan-
dise therefrom orfrom any wharf or place on which the same
may be deposited.
Whenever cargo is being discharged from any vessel at night
under the supervision of an inspector the night inspector assigned
to such vessel shall not interfere with such landing so long as the
inspector is present in charge thereof, but night inspectors are
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authorized to demand to see, and the inspector is required to
exhibit, the night permit for the working of the vessel. If
merchandise is landed from the vessel when no inspector is
present the night inspector shall stop the landing and report the
fact the next day to the surveyor or other proper officer.
ART. 36. Night inspectors are required to stop any person
or person who may leave-the vessel, store, or warehouse in their
custody, and if they have reasonable cause to suspect that such
person or persons are attempting to smuggle any merchandise
they shall examine such person or persons, and any package of
any kind in his or their possession. Searches of suspected
persons should, if possible, be made in the presence of another
officer or a citizen. They are directed to question any person
who may attempt to go on board the vessel to which they are
assigned in the night, and to satisfy themselves of his right to
go on board. They are required to keep a strict watch upon any
small boat which may come near any wharf or vessel under their
charge, and to take all necessary precautions to prevent smuggling
by such boats. They are required to arrest any person or
persons in the act of smuggling foreign merchandise, and to call
for the assistance of the police or of citizens to aid them in so
doing, and to seize, take possession of, and secure any merchan-
dise which has been smuggled or landed illegally from any vessel
during the night.
ART. 37. The chief inspector in charge of the night force
shall assign the force to duty and make daily report of such
assignments, together with any negligence, absence, or mis-
conduct. He shall see that the night inspectors perform the
duties assigned to them, that all seizures and arrests are promptly
reported, and that the orders of the surveyor are obeyed.
ART. 38. Discharging inspectors are assigned to vessels for
the purpose of examining the cargoes and superintending the
unlading and storing or delivery thereof, so as to prevent loss to
the revenue of the island of Cuba through failure to secure any
lawful duties. They shall send to the nearest post-office all
letters, packages, and bags containing mail matter, take an
account thereof, superintend the delivery to the postmaster, and
obtain a receipt therefore.
They shall obtain from the masters of vessels lists of articles
reported by them at the custom-house as sea stores, compare the
articles of the list, seal or secure all unbroken packages of dutiable
goods claimed as stores, and report the same, with any excess of
stores, to the collector or the surveyor.
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AnT. 39. Specie and valuables, usually in charge of the
pursers of steamships, must be taken possession of by discharging
inspectors as soon as possible after they first go on board the
vessels. The special place or room where such specie and
valuables are deposited, and the safe or the packages containing
the same must be locked with custom-house locks, or otherwise
secured, until delivered on a permit from the proper customs
ART. 40. Samples of the cargo in bulk of the vessel shall,
as soon as practicable, be sent by discharging inspectors to the
AnT. 41. They shall report to the collector any perishable
or explosive 'articles among the cargoes to be discharged. They
shall endeavor to save to the owners of goods intended for im-
mediate export or transportation the cost of sending their goods
to warehouses by retaining them on the vessel or wharf until the
owners can obtain a delivery permit, provided that such retention
does not delay the unlading of other goods and is not protracted
beyond the period named in the general order.
ART. 42. They shall seize all goods imported or removed
in violation of law, and shall not permit any goods to be removed
from the landing places thereof until they have been properly
weighed, gauged, or measured, and shall require persons charged
with the unlading of goods to properly separate, assort, and
arrange the goods on the wharves for the convenience of customs
weighers, gaugers, measurers, and markers.
ART. 43. Discharging inspectors are empowered to require
cartmen or lightermen engaged in the transportation of dutiable
goods from vessels to warehouses or public stores to produce their
license or authority to carry such goods, and shall report to the
surveyor any disobedience of customs orders or regulations.
ART. 44. Discharging inspectors shall send, with each load
of goods ordered to warehouse or public store, an unsigned
receipt, describing the marks, numbers, and supposed contents
of the packages, and require the same to be returned with the
signature of the officer in charge of the warehouse or store there-
upon before again employing the drayman or lighterman to
whom the receipt was entrusted. Should any alteration of
quantity appear on the receipt when returned, inspectors shall
go personally and verify its correctness.
ART. 45. They shall not allow ballast, cargo, or coal to be
taken on board their vessels while discharging, except on a lading
permit; and where such permits are granted, inspectors shall
report whenever the execution of the same is attended with
danger to the revenue.
ART. 46. They shall not unlade or deliver goods direct from
a foreign port before the hour of sunrise or after the hour of
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sunset, except upon a special permit issued to the vessel whose
discharge by night is desired.
ART. 47. Whenever the discharge of a vessel under the
revenue laws extends beyond the hour of sunset, the additional
pay of the discharging officers is to be borne by the persons ac-
commodated by the extension of the hours of discharge as
fixed by the collector of customs for Cuba.
ART. 48. Discharging inspectors shall not leave their ves-
sels for any cause without the consent of the surveyor, nor go
below deck, nor leave at night without closing the hatches and
locking or sealing them, so as to prevent the landing of cargo
during their absence, nor until relieved by the night inspectors,
when they shall call the attention of the latter to goods remaining
on the wharves. When two or more inspectors are assigned to
a vessel, they shall remain on board as long as their services
are required, and shall not leave the vessel for any purpose,
nor go below deck for meals, unless one of their number be left
ART. 49. They shall cancel and remove all customs seals
before delivering goods not destined for further transportation
under security of such seals, and shall report all cases in which
customs seals appear to have been improperly manipulated.
ART. 50. It is incumbent upon discharging inspectors to
check out the cargo-identifying it by marks and numbers-and
to enter in a book, to be known as a discharging book, a record
of all permits or orders for the delivery of goods, showing the
names of the persons in whose behalf the permits or orders are
granted; the entry or bond number as indicated by the permit;
the particulars specified in the permits or orders; the marks,
numbers, and descriptions of the packages ordered to be and
actually unladen; to what public stores, warehouses, or other
places the respective lots of goods have been sent. The discharge
book of each cargo is to be duly signed and delivered to the
surveyor, as required in the following paragraph.
ART. 51. As soon as practicable they shall submit to the
surveyor their discharging book, accompanied by the permits and
orders of discharge, and all other vouchers relating to the
disposition of the cargo and a return thereof. They shall first
enter therein the baggage permit, if there is one, and shall enter
separately: First, all free permits; second, all consumption
permits; third, all warehouse permits; fourth, all permits for the
delivery of "I. T." goods to the surveyor; fifth, all permits for
delivery to the surveyor of merchandise for transport or export,
designating in the corresponding column such packages as were
landed, sent to the warehouse, or delivered to the surveyor.
On the return of merchandise disposed of on consumption
permits the entry number must in each instance be stated, and
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for merchandise delivered in bond, whether for warehouse,
exportation, or transportation, the bond number must be stated
on the return. In the marginal column must be noted all pack-
ages 'not agreeing with permit" or "not found on board", and
opposite to the entry of each warehouse permit the designated
warehouse to which the merchandise was sent; or, if delivered
to surveyor, the place uf ultimate destination. Special care must
be taken to state the correct date of the landing of merchandise
from the vessel, and if it was landed on more than one day the
first and last day on which each lot was landed must be stated.
After the permits above mentioned are entered, the inspector
shall enter, under the proper designation, all packages, by marks
and numbers, which have been sent either to appraiser's store,
sample office, general order store, or elsewhere by special order,
and all passengers' baggage sent to public store. For all packages
a proper receipt will be required, to correspond with the return.
After accounting for the cargo he must enter at the end of his
return a list of all the sea stores and of all the coal remaining
in the vessel. Such returns shall be signed by the inspectors,
respectively, under whose superintendence the deliveries have
been made. The names of weighers, gaugers or measurers who
have performed any duty in connection with the cargo shall also
ART. 52. Discharging inspectors shall make report of goods
remaining on board their vessels after the expiration of the
authorized time for discharge, in order that collectors may take
possession of such goods as unclaimed. Before reporting their
vessel as fully discharged they shall make careful personal ex-
amination of all parts of such vessel.
ART. 53. Weighers shall be assigned to duty by surveyors.
At ports where there is but one weigher the assistant weighers shall
be assigned to duty by him. He shall be held responsible for the
correct and efficient discharge of their duties, and shall report to
the surveyor any misconduct or neglect of duty on the part of
any customs officer or other employee.
Weighers are required to be at the places to which they are
assigned whenever weighable goods are being handled from ves-
sels discharging cargo from foreign port. They are required to
inspect and take copies of all permits in the hands of the discharg-
ing inspectors of vessels whenever the collectors have, by desig-
nating articles named in the permits, directed the said articles
to be weighed; and weighers are required to have and exercise a
personal supervision of the weighing of such merchandise. They
must not absent themselves from their office or district during
the hours of business unless by permission, nor shall they allow
any other than an assistant weigher to take weights or handle
ART. 54. Each weigher is required to have his weighing
implements tested and compared with the official standard at
least twice a year, on or as soon after the first day of January
and July as possible; and to have the same tested as often as
may be necessary to keep the same in conformity with the official
ART. 55. Weighers will be furnished by surveyors with
proper blank dock books, in which they shall daily make a true
and correct entry of goods weighed, specifying the date the
weighing was performed. These books must be so kept that they
will contain all the specifications necessary to a perfect account
of the merchandise weighed. The weigher should first copy the
permit or order in the book, and then proceed, in all cases where
the merchandise is required to be weighed by numbers, to enter
the number and weight of each separate package weighed by him.
The weigher must add the weights stated in each column of his
book, and give the gross weight and the net weight of each lot as
returned by him, and at the end of all the entries the total gross
weights must be recapitulated. The book must be indorsed on
the outside with the name of the vessel, the date the return was
filed in the surveyor's office, and the weigher's signature.
Whenever required by the collector for the purposes of
liquidation the dock book shall be delivered to him for inspection
ART. 56. In order to facilitate the prompt liquidation of
duties weighers are required to make a special return of the
weight of the articles embraced in each permit or order as soon
as the same shall have been ascertained. Weighers shall file their
completed books of weights, within six days after the vessel has
been discharged, in the surveyor's office as public records. A
separate book shall be kept for the cargo of each vessel.
ART. 57. Before weighing any merchandise the weigher
must see that the beam is accurately balanced. As correctness of
weights depends very much upon the accuracy of the poise, the
beam should always be kept clean and be frequently tested with
the standard. A fairly even beam indicates the weight, but as
in weighing merchandise it seldom happens that the beam will
stand at an exact poise, but will go either above or below an even
beam, the weight shall be taken on the rising beam. Weighers
are required to mark the weight on each single package weighed.
AnT. 58. When a return has been once made by a weigher
it must not be amended or changed except by permission of the
surveyor. The amended return must state why the amendment
is made, and be checked or signed by the weigher before it is
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presented to the surveyor for his approval. The original figures
shall be cancelled by cross marks and the amendment added,
so as to show both records. When an amendment to a return is
allowed, the weigher must correct his dock book in accordance
with the amended return.
ART. 59. From every invoice of railroad iron or steel
rails a sufficient number of bars of equal length shall be weighed
in order to ascertain the average weight thereof, the whole
number of bars to be counted, and returns of the weight of such
iron must be made as of other weighable merchandise; but if the
weight, as shown by the return of the weigher, does not vary
more than two per cent from that stated iii the invoice, the entry
shall be liquidated at the invoice weight. In case a greater
variation from invoice weight is shown, the whole quantity
embraced therein shall be weighed.
ART. 60. Whenever a permit or order directs that goods be
weighed and a special return be made therefore, the weigher shall
weigh the goods designated and make a return separate and
distinct from any other without delay. If the merchandise has
been shipped before the order to weigh is received by the weigh-
er, he shall indorse such fact on the back of the order and return
it to the surveyor. Returns of the weighing of a cargo must be,
made to the collector within six days after the vessel has been
discharged. Certificates or copies of weights shall be furnished
by the surveyor at ports where there is such an officer; elsewhere
by the collector.
BONDS OF CUSTOMS EMPLOYEES.
ART. 61. All employes of the customs service who are
charged with the custody of funds or property, storekeepers, and
such others as may be directed by the collector of customs for
Cuba to be bonded, shall file a good and valid bond for the faithful
performance of their duties.
ART. 62. The bonds shall be in such form as may be
directed by the collector of customs for Cuba, with a trust or
guarantee company legally authorized to do business in the Island
of Cuba as sole surety, or with at least two good and sufficient
sureties to be approved by the collector of customs for Cuba.
The amount of the bond shall be determined by the col-
lector of customs for Cuba.
ART. 63. Possession of office shall not be given to any
official herein required to file a bond until the latter shall have
been duly drawn up and- accepted. Chief customs officers who
violate the provisions of this regulation will be held responsible
for the consequences of their action.
ART. 64. In order to secure the collection of the legal
duties the custom-houses shall exercise surveillance over the
coast, beginning with the moment when a vessel enters the
jurisdictional waters of the island of Cuba and concluding when
the merchandise imported therein has been legally passed through
the custom-houses, except that in case of justifiable suspicion of
fraud said merchandise may be followed in its transportation by
coasting vessels, by railroad or by any other means or in any
other way by land or water, from one point of the Island to
another, in which case a new examination shall be made and
proof required of the payment of the proper duties at the custom-
house of arrival.
The jurisdictional waters of Cuba extend to four leagues
from the coasts of the island or from the keys belonging to it.
ArT. 65. On the arrival in port of any vessel no person
except the pilots, customs and health officers, consuls, and agents
of the vessel (with the consent of the customs) shall be allowed
to come on board or to leave the vessel, without the permission of
the customs officer in charge, until all the passengers and their
baggage shall have been duly landed, or, if there are no
passengers, until the vessel is completely moored or the master's
permission is obtained.
It shall not be lawful for the master of any steamship or other
vessel coming from a foreign port, not in distress, after the arrival
of the vessel within any collection district of the Island of Cuba,
to allow any person or persons, except a pilot, officer of the
customs, or health officer, and agents of the vessel (with the
consent of the customs), to come on board of the vessel or to
leave the vessel until the vessel has been taken in charge by an
officer of the customs, nor after charge so taken, without leave
of such officer, until all the passengers, with their 1. *--:.i ., have
been duly landed from the vessel. For a violation of this rule,
or for permitting or neglecting to prevent a violation thereof, the
master of the vessel shall be liable to a line not exceeding one
It shall not be lawful for any person, with or without the
consent of the master, except a pilot, officer of the customs, health
officer, or agent of the vessel, to go on board of a vessel not in
distress arriving at any seaport of the Island of Cuba until the
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vessel has been taken in charge by an officer of customs, nor,
after charge is taken, without leave of such officer until all the
passengers, with their baggage, have been duly landed from the
It shall not be lawful for any person in charge of a tugboat,
rowboat, or other vessel to come alongside and put any person,
except as authorized by these regulations, on board any incoming
vessel heretofore described.
AIT. 66. Customs surveillance shall be exercised:
First. In the jurisdictional waters by the revenue cutters,
Second. In the custom-houses in the ports of arrival and
in each customs district by all the interior employes of the
custom-house and by the corps of inspectors, which includes all
customs inspectors of whatever class.
IMPOITATION BY SEA.
ART. 67. No merchandise of any kind whatsoever can be
legally introduced into the island of Cuba without passing
through the custom-house duly established for this purpose, all
such merchandise requiring to be presented at the custom-house
for examination and payment of customs duties, if to such it is
Employes charged with the duty of collecting the customs
revenue shall he under no restriction in assuring themselves of
the correctness of all operations performed for this purpose.
Customs employes shall have the right t( proceed, not only to
open all packages and concealed spaces, but also to destroy false
bottoms, or partitions, or bulkheads, etc., which prevent them
from assuring themselves that the hidden empty spaces contain
no dutiable object, nor shall such proceeding give any right to a
claim for damages which may have been thus caused to merchand-
ise or vessel.
All expense incurred by the customs for the carriage,
storage, and other necessary operations in connection with the
merchandise shall lie charged against the merchandise.
A RT. 68. Importation by sea begins with the moment the
importing vessel enters the jurisdictional waters of Cuba with
intention to unlade at any port therein, and is not completed
until the duties due upon the merchandise have been paid or
secured to be paid, or, in case said merchandise is free of duty,
until it has legally left the jurisdiction of the customs.
Suppliesfor United States Army, Narvy and Marine-Hospital Service.
ART. 69. All supplies and materials belonging to the
United States, imported into Cuba for the use of the Army, Navy,
and Marine Corps, and Marine-Hospital Service of the United
States, shall, under suitable restrictions to be prescribed by the
military governor, be admitted free of duty.
Supplies of post exchanges, being limited to articles which
are allowed by the War Department to be sold by post exchanges,
shall be admitted free of duty upon filing with the entry a sworn
declaration, on the form prescribed, by the officer in charge of the
exchange. This privilege shall not be held to include any
importation of malt, vinous, or alcoholic liquors, and shall be
granted only to those exchanges which are managed by commis-
sioned officers of the garrisons.
ART. 70. All articles and supplies purchased by any
department of the Government, or any municipality, or any
official or person, out of funds allotted from the insular revenues
shall be subject to duty.
ART. 71. All oleomargarine imported into the island of
Cuba shall have branded in the most conspicuous place possible
upon every tub, firkin, or other package containing such article
the word "Oleomargarine" in plain Roman letters not less than
one-half inch square, and shall be continuously kept in, and
sold from, the package so marked.
2. For the purpose of this article certain manufactured
subtances, certain extracts, and certain mixtures and compounds,
including such mixtures and compounds with butter, shall be
known and designated as "oleomargarine," namely:
All substances heretofore known as oleomargarine, oleo,
oleomargarine oil, butterine, lardine, suine, and neutral; all
mixtures and compounds of oleomargarine, oleo, oleomargarine
oil, butterine, lardine, suine, and neutral; all lard extracts and
tallow extracts, and all mixtures and compounds of tallow, beef
fat, sue, lard, lard oil, vegetable oil, annato, and other coloring
matter, intestinal fat, and offal fat made in imitation or semblance
of butter, or when so made calculated or intended to be sold as
butter or for butter.
3. Collectors of customs shall, in addition to their other
duties inspect all importations of oleomargarine.
Any person, firm, or corporation attempting to import
oleomargarine into the island of Cuba, and failing to comply
with the provisions of this order, shall forfeit the merchandise
sought to be fraudulently imported, and the same shall be seized
and sold by the collector of customs in the form and manner
prescribed for the sale of seized and confiscated goods. The
proceeds of such sale or sales shall be deposited with the treasurer
of the island of Cuba.
4. In addition to the penalty provided by paragraph 3 of
this article, any person, firm, or corporation failing to comply
with the provisions of this article shall be liable to the fines and
penalties prescribed in Circular N? 31, Division of Customs and
Insular Affairs, dated August 24, 1899, the same as if such
frauds were against the customs revenues of Cuba.
ART. 72. In the dispatch of passenger's baggage, or other
effects, duties not exceeding one dollar on any-one consignment
may be remitted by the collector of customs.
ART. 73. Articles of easy identification desired to be
exported from the Island of Cuba for the purpose of being repaired
may be, upon application to the collector of customs, identified
at the custom-house through which exported, and may be
subsequently reimported free of duty on reidentification, under the
proper restrictions to be prescribed by the collector of customs for
Such articles are dutiable, however, to the extent of any,
repairs that may have been made thereon, at the rate of 20 per
cent ad valorem.
When appraisals are being made, either on the wharves or
in the appraisers' warehouses, all persons other than designated
employes of the custom-house shall be excluded therefrom, except
as permission may be granted therefore by the collector of customs.
Masters of vessel and their manifests.
AnT. 74. Every vessel shall, on arrival, be placed under
customs control until duly discharged. Passengers with no
dutiable property in their possession may be permitted to land
AnT. 75. Within twenty-four hours after the arrival of
any vessel the master must, under the penalty hereinafter
prescribed in case of failure, produce to the proper officer a
manifest of her cargo including every parcel or package carried
by the vessel, which manifest must be certified by the oath
of the master.
The master of every foreign vessel is required, at the time of
entry, to produce to the collector the register, or other document
in lieu thereof, together with the clearance and other papers
granted by the officers of the customs to his vessel at the port of
departure for Cuba, and, within forty-eight hours after entry,
to deposit the same with the consul or vice-consul of the nation
to which the vessel belongs, if any there be (otherwise with the
collector of customs at the port), until the master shall have paid
such tonnage taxes and other port charges as may be due under
these regulations, and to deliver to the collector the certificate of
said consul or vice-consul that the papers have been so deposited.
For failure to comply with this regulation, the master of
the vessel so offending is subject to a fine of not less than $500
nor more than $2,000.
This regulation does not apply to vessels of foreign nations
in whose ports consuls of the United States are not permitted to
have the custody of the papers of vessels of the United States.
The papers thus lodged with the consul shall not be returned
to the master of the vessel until the production by him to the
consul of a clearance from the collector of the port where the
vessel has been entered, and any consul offending against this
regulation is subject to a fine of not less than $500 nor more
ART. 76. If any merchandise be found on board any vessel
which is not included in her manifest, produced as required by
these regulations, the master shall forfeit an amount equal to the
value of the merchandise not manifested, and all such merchand-
ise belonging to or consigned to the officers or crew of the
vessel shall be forfeited. These forfeitures shall not be incurred,
however, if it shall be made to appear to the principal customs
officer of the port that the errors and omissions in the manifest
were made without intention of fraud or collusion. In such case
the master may be allowed to correct his manifest by means of a
Should any package or article named on the manifest be
missing on the arrival of the vessel, or if the merchandise on
board does not otherwise agree with the manifest delivered by
the master, except as above prescribed, the master shall be liable
to a penalty (see Art. 222) not to exceed $500; but if it is made
to appear to the satisfaction of the principal customs officer of
the port that no part whatever of the merchandise of such vessel
has been unshipped, landed, or unladen since it was taken on
board, except as specified in the manifest and pursuant to
promise, or that the disagreement is by accident or mistake, in
such case the penalty shall not be inflicted.
ART. 77. The manifest shall serve as the basis of all
subsequent operations, and shall set forth the following:
1. The character and name of the vessel, nationality, gross
tonnage, register and crew, name of captain, name of the consignee
of the vessel, ahd the port or ports from which the vessel comes.
2. The port or ports for which the cargo is intended.
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3. The number of packages, marks, numbers, and gross
weight of all packages carried on board, the character of the
merchandise, and the names of the senders and of the consignees,
or, if the goods are consigned to order, a notation of that fact;
all foregoing data to be entered separately for each port. The
number and weight of the packages shall be expressed in letters
and figures. The mere expression "merchandise," or any other
expression of similar vagueness, shall not be admitted.
4. Cargoes in bulk shall be entered in the manifests by
numbers, weight, or measure, according as the merchandise
composing the cargo is dutiable by number, weight, or measure
except that the weight be expressed in all cases whether the
merchandise be dutiable by it or not.
5. The manifest may be drawn up in the language of the
nation to which the vessel belongs, but the master must deliver
to the collector two copies in Spanish within twenty-four hours
after the delivery of the original manifest.
G. When a vessel touches at several ports the captain may,
at his option, prepare and certify, as provided in Article 75, a
manifest of the entire cargo in the last port, or the one from
which he begins his voyage to the Island of Cuba, or he may
bring separate manifests for each port from which -he brings
cargo. In the latter case, lie shall add to the manifest which he
certifies, and to the one for the port immediately preceding, a
note connecting the two documents together so that none .of the
manifests can fail to be presented.
7. All interlineations, additions, or corrections not certified
by the captains are null and void.
8. If owners, shippers, or consignees note any error in the
master's certified manifest, they shall report it to the collector
of customs at the poit for which the vessel sails, which collector
shall or shall not permit, according to the circumstances of the
case, a correction, the master having the right of appeal to the
collector of customs for Cuba.
9. Captains entering ports due to stress of weather are not
required to present the certified manifest, but vill prepare and
present a copy of it, as prescribed in Article 78.
ART. 78. If a vessel destined to the foreign trade enters
some other than the port of its destination, by stress of weather,
pursuit, or duress by enemies or other necessity duly established,
a period of three days shall be conceded to the captain in order.
that lie may draw up, sign, and present his manifest, with the
details required by Article 77.
If a vessel destined to the island of Cuba enters, by stress of
weather, pursuit, or duress by enemies or other necessity, in a
port other than its destination, the manifest shall be returned to
the captain upon his departure, certified by the collector of
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customs, who will retain an exact copy of the same, signed by
the captain or his consignee, and who shall send another copy to
the collector of the port of destination.
When the stress of weather, pursuit, or duress of enemies
or other necessity occurs in some cove, anchoring place, or
harbor on the coast, the captain or master shall present his
original manifest and two copies to the customs inspector there,
if any, or to the local authority in the contrary case, and who,
after returning the original to the captain upon his departure,
shall send one copy to the collector of customs at the port to
which the vessel is destined and the other to the collector of cus-
toms for Cuba.
ArT. 79. The master of every vessel bound to a port of
Cuba must, on arrival within four leagues of the coast or within
the limits of any collection district in which the cargo or any
part thereof is intended to be unladen, produce the manifest for
inspection to any officer of the customs who may first come on
board the vessel, and deliver to him a copy thereof subscribed
The officer, after the requisite examination and comparison
of the original and copy, shall certify on the original to its
production, and on the copy to the fact of its agreement with the
original, and shall forthwith transmit such copy or copies to the
collector of the district to which the merchandise may be con-
ART. 80. Upon arriving at a port and delivering the
manifest, the captain shall present a note in which shall be
specified the provisions and supplies which he has on board.
He shall also present another note of the total number of
passengers which he brings, and their baggage and effects,
separating them according to the ports of their destination.
He shall enter the port with all promptness consistent with
the condition of the weather, and the vessel shall stop and cast
anchor or take moorings in the position indicated therefore, from
which place it shall not be moved without previous permission
of the authorities of the port and of the collector of customs.
ART. 81. The Marine-Hospital Service, in accordance with
its regulations, shall inspect the vessel and declare whether or
not it shall be admitted to "free pratique." If the vessel is
admitted to "free pratique," the surveyor shall request the
manifest, stamping upon it the time at which it is delivered to
him and the ladings which it contains.
Afterwards he shall examine the log book, making note of
whether it is kept in proper condition and whether it is shown
therein that the vessel touched in any other port without the
same having been duly set down in the manifest. Upon leaving
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the vessel to deliver the manifest to the collector of customs, one
or more inspectors shall be left on board.
At the time of this visit captains shall report in writing
whether they have suffered any accident at sea which has obliged
them to lighten any part of their cargo.
ART. 82. Upon receipt by the collector the manifest shall
be duly filed, after being stamped with the word "admitted,"
together with the hour and date of such admission.
ART. 83. The hour at which the manifest is admitted by
the collector of customs shall be the basis for the computation of
the periods which may be conceded for the different operations
of the custom-house.
A RT. 84. Within the period of twenty-four hours next
following the entry of a vessel, unless a legal holiday shall
intervene, the captain shall present two copies of his own
manifest translated into Spanish.
If cargo is carried for more tlan one port he shall present
at the first port, in addition to the copies above mentioned, one
copy of the partial cargo destined to the same.
One of the general copies authorized by the collector and
containing the information as to whether the .original has been
certified or not shall be taken by the captain and presented at
each one of the intermediate ports at which he may- stop, for
comparison with the partial ones, and shall serve as a base for
all custom-house operations, being certified in each intermediate
custom-house and filed in the last.
After presenting the general manifest, with its copies, in
the port of first destination, the captain shall present two partial
copies of the cargo consigned to each port at each one of the
ART. 85. If the Marine-Hospital Service upon inspection
shall order that the vessel remain under observation, a custom-
house inspector shall be placed on board or in a launch at a
distance to be indicated by the Marine-Hospital Service, in order
to exercise proper vigilance over the vessel.
The manifest will be delivered without loss of time to the
surveyor of the port with the intervention of the Marine-Hospital
Service, and the obligation of presenting the copies shall be
counted from the time at which the vessel may be admitted to
AnT. 86. Every captain of a vessel entering a port, upon
delivering the note of the ship's stores, as provided for in article
80, shall declare, under oath, that said stores are destined
exclusively for the use of the vessel and are not intended to be
sold nor transferred nor for private use. But if, in the judgment
of the collector of customs, the amount of said stores appear
excessive, the corresponding duties shall be paid upon said excess.
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ART. 87. The manifest shall state the consignees or owners
of the merchandise included therein.
When a bill of lading has been made to order, that fact shall
be so expressed in the manifest, and the person presenting himself
with said bill of lading, in accordance with the last endorsement
thereon, shall be held to be the consignee.
Merchandise consigned to order which is not duly entered
within three days after the admission of the manifest shall be
sent by the collector to general order stores.
A nT. 88. The residence of the captain or master of a vessel
entered in the harbor is the residence or office of the consignee
of the vessel. If there be no consignee it will be the residence
or office of the consul or vice-consul of the nation to which the
vessel belongs, and, in the absence of both of these, it will be the
vessel which he commands.
Citations or notifications which are left aboard of his vessel,
or with any person belonging to the office of the consignee, or of
the consulate, shall have the same legal force as if they had been
made to the captain in person.
ART. 89. The collector of customs shall order to be placed
in the custom-house, in the most prominent spot, a bulletin board
where there shall be exhibited to the public a note of the name of
the captain of the vessel and of the port of original departure
of all vessels which enter the port, and also of the hour at
which their manifests were delivered. These notices shall be
authorized with the signature of the collector of customs, and shall
serve as a basis for computing the periods indicated by these
regulations, and shall not be removed until all operations in
connection therewith shall have been completed.
ART. 90. The clearance of a vessel shall not be permitted
for any other port until she shall have discharged all her cargo,
or shall have properly accounted for the same.
ART. 91. Before the departure of a vessel from any port the
captain shall deliver to the proper official the manifest of the
route of said vessel, specifying the marks, number of packages
and description of their contents, together with the names of the
shippers and consignees, and with a statement of the value of
each separate consignment, as well as of the names of the
passengers and their destinations. The dispatch of the vessel
will then be permitted. No prohibited or contraband merchandise
shall be exported.
ART. -92. The consignee is the person to whom a vessel
or its cargo is directed. There are, therefore, consignees of
vessels and consignees of merchandise.
ART. 93. The consignees, both of vessels and of mer-
chandise, can make use of their clerks or custom-house agents
for the customs operations.
The clerk must present, before being permitted to dispatch,
a written authorization from his principal or employer, who
shall thereby become responsible for all acts of said clerk in the
conduct of custom-house business. These authorizations shall be
registered in a book, which shall be kept by the collector of
customs, and shall have full legal force and effect until the
principals request their cancellation or the substitution of the
same by a written request to the collector of customs, or until
they shall be annulled by the collector of customs himself for due
Customs agents may ask, in writing, of the collector of
customs for authorization to act as such, and, upon being
admitted as a custom-house agent, they shall give bond to the
satisfaction of the collector of customs in the sum which he may
order, and their names, bonds, and residence shall be registered in
a book, which the collector of customs shall keep, and their
authorization shall have full legal force and effect until, for due
cause, they may be annulled by the collector of customs or until
the interested parties cease to be such agents.
ART. 94. The consignee of the vessel shall be considered
to be the person whom the captain may designate as such in his
manifest, and the consignee of merchandise to be the one indicated
in the manifest, in accordance with the bills of lading, when
these are made to some determined person; and shall be considered
to be the last person in whose favor the said bills of lading are
endorsed, in case the merchandise comes consigned to order.
A banker holding a bill of lading as a guarantee for money
advanced, may transfer it by endorsement to the actual importer.
The agents of marine insurance companies shall be recognized
as the consignees of merchandise abandoned to the companies,
and the salvors of merchandise found in abandoned vessels upon
the high seas shall be recognized as the consignees.
The person designated may freely admit or renounce a
consignment. The renunciations must be made within 24 hours
after the admission of the manifest, and be officially directed to
the collector of customs, otherwise the consignment will be
understood to be admitted.
ENTRY OF MERCHANDISE
ART. 95. All imported merchandise must be entered at the
custom-house of the port of arrival either for immediate con-
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sumption or in bond by the person holding a bill of lading which
names him as the consignee, or a bill of lading endorsed to his
order by the consignee named therein. A banker holding a bill
of lading as security for advances of money may transfer the same
by endorsement to the actual importer. Underwriters will be
recognized as consignees of merchandise abandoned to them, and
salvors as consignees of merchandise found by them derelict at
A consignee holding a bill of lading drawn to his order or
assigns may transfer the same to any person who can lawfully
make the required declarations on entry, and the holder of a bill
of lading drawn in blank "to order," and endorsed by the shipper
or consignor, may make entry of the merchandise specified
Whenever from evidence furnished by the invoice or bill of
lading, or as in the case of custom-house brokers and forwarders,
by the known business of the parties making entry, the collector
has reason to believe that the consignees named in the bill of
lading are, in fact, intermediary agents for the delivery of the
merchandise to the ultimate consignees or real owners, there
shall be required upon the entry a statement of the names of such
ultimate consignees, and bonds must be taken for the production
of the declaration of the owner or real importer. And collectors
shall, whenever they consider it expedient, require of such
ultimate consignees, the bills of sale pertaining to the importation
which they may have in their possession.
Duties accrue upon imported merchandise upon arrival of
the importing vessel within a port of entry with intent to unlade.
ART. 96. Merchandise which comes consigned to different
consignees in the manifest can not be united in a single entry,
and it shall be necessary to note in the entry the paragraphs of
the manifest which correspond to said merchandise, it being
understood by paragraph of the manifest, the consecutive
statement of packages and merchandise which the captain makes
in his manifest for each consignee.
The declarations shall be numbered consecutively by fiscal
years, and there shall be noted in the manifests, opposite the
respective paragraphs, the accuracy of the comparison made by
the proper official of the custom-house between the manifest and
The entries shall be made upon an entire sheet of paper.
If one is not sufficient, the necessary interior ones shall be added
for the purpose, and all shall be duly authorized by the correspond-
ing departments of the custom-house.
They shall be made in duplicate except in the case of entries
for warehouse or immediate transportation, in which case they
shall be in triplicate.
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ART. 97. In the entries mentioned in the preceding article,
the consignees shall set forth the following information:
1. Name of the vessel and of its captain, class, and that
of the nation to which it belongs.
2. The port or ports from whence cleared.
3. That of the person to whom the merchandise is consigned.
4. Number and paragraph of the manifest.
5. Number of packages, class, their marks, numbers, de-
scription, or statement as to whether they have marks or not.
6. Number and letter of the paragraph or the tariff under
which each article is dutiable.
7. Number, class, quality, and quantity of the merchandise
in the weights and measures of the tariff. The description of
each article shall be sufficient to base thereon the classification.
8. Gross and net weight of each article.
9. There should also be expressed the quality and weight
of merchandise which pay different duties under the tariff.
10. The value of the merchandise in detail.
11. The date and the signature of the interested party.
The entry shall, before it can be accepted, be verified by
the oath of the consignee or owner in the following form:
DECLARATION AND OATH OF CONSIGNEE, IMPORTER, OR AGENT.
I, -- do solemnly and truly swear (or affirm) that the invoice
and bill of lading now presented by me to the collector of ---- are the
true and only invoice and bill of lading by me received of all the goods,
wares, and merchandise imported in the -- ---, whereof --- --
is master, from -- for account of any person whomsoever for
whom I am authorized to enter the same; that the said invoice and bill of lading
are in the state in which they were actually received by me, and that I do not
know nor believe in the existence of any other invoice or bill of ladingof said
goods, wares, and merchandise; that the entry now delivered to the collector
contains the just and true account of the said goods, wares, and merchandise
according to the said invoice and bill of lading; that nothing has been on my
part, nor to my knowledge on the part of any other person, concealed or
suppressed, whereby the Island of Cuba may be defrauded of any part of the
duty lawfully due on the said goods, wares, and merchandise: and that if at
any time hereafter I discover any error in the said invoice or in the account
now rendered of the said goods, wares and merchandise, or receive any other
invoice of the same, I will immediately make the same known to the collector of
this district. And I do further solemnly and truly swear (or affirm) that to the
best of my knowledge and belief (insert the name and residence of the owner or
owners) is (or are) the owner (or owners) of the goods, wares, and merchandise
mentioned in the annexed entry; that the invoice now produced by me exhibits
the actual cost (if purchased) or fair market value (if otherwise obtained), at
the time or times and place or places when or where procured (as the case may
be), of the said goods, wares, and merchandise, all the charges thereon: and no
other or different discount, bounty, or drawback but such as has been actually
allowed on the same.
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Personally appeared before me in the place and on the date aforemen-
tioned- whom I know to be the person named, and who made and
subscribed the aforegoing declaration.
Sealed with my official seal and subscribed within my signature on the
above mentioned date.
DECLARATION AND OATH OF OWNER IN CASES WHERE MERCHANDISE HAS BEEN
I, ----, do solemnly and truly swear (or affirm) that the entry now
delivered by me to the collector of contains a just and true
account of all the goods, wares and merchandise imported by or consigned to
me in the whereof is master, from --
that the invoice which I now produce contains a just and faithful account of
the actual cost of the said goods, wares, and merchandise, of all charges thereon,
including the charges of purchasing, carriages, bleaching, dyeing, dressing, finish-
ing, putting on, and packing, and no other discount, drawback, or bounty, but
such as has been actually allowed on the same; that I do not know nor believe
in the existence of any invoice or bill of lading other than those now produced
by me and that they are in the state in which I actually received them. And I
do further solemnly and truly swear (or affirm) that I have not, in the said entry
or invoice, concealed or suppressed anything whereby the island af Cuba may be
defrauded of any part of the duty lawfully due on said goods, wares, and mer-
chandise; and that if at any time hereafter I discover any error in the said
invoice or in the account now produced of the said goods, wares, and merchandise,
or receive any other invoice of the same, I will immediately make the same known
to the collector of the district.
Personally appeared before me in the place and on the date aforementioned
the undersigned whom I know to be the person named, and who
made and subscribed the aforegoing declaration.
Sealed with my official seal on the above-mentioned date.
Whenever it its demonstrated to the satisfaction of the col-
lector of customs that the consignee, by reason of temporary
absence or illness, can not personally make the entry of his mer-
chandise, he can be represented by an agent, duly authorized by
a power of attorney delivered to the collector of customs, and
said agent can make the entry and perform the other necessary
transactions in reference thereto. In case of an entry so made by
an agent acting under a power of attorney, the consignee or
principal, in common with the agent, shall be responsible for all
acts connected with the entry and dispatch of the merchandise and
whatever ones made in violation of the provisions of article 221.
A false oath in connection with the entry of merchandise
shall be subject to the pains and penalties prescribed by the law
of the land for perjury.
No entry shall be admitted in which there are amendments
or erasures, nor shall any invoice be admitted except the original,
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signed one, of the manufacturer, producer, or seller of the mer-
chandise. Invoices shall be made on firm and durable paper, in
a legible manner, and on one side of the paper only, in indeli-
ble ink. They shall be made in duplicate, except in case of
entries for warehouse or immediate transportation, when they
shall be in triplicate.
When the two copies of the declaration do not exactly
correspond, the official of the custom-house in charge of the same
shall advise the consignee in order that he may present a proper
entry without extending the period prescribed by these regulations.
ART. 98. Every entry presented to the custom-house shall
be accompanied by the following:
1. The original bill of lading or bills of lading covering
the merchandise declared, consigned, or duly indorsed to the
2. The invoices, expressing in detail the merchandise
declared, specifying the number of packages, their marks, gross
weight, dutiable weight, class, detailed contents, component
material, detailed price, and the total value, including a state-
ment of the expenses incurred by the merchandise up to the time
they were packed and ready for shipment to Cuba.
3. The consumption permit must correspond to the entry.
ART. 99. All imported merchandise shall be invoiced in the
currency of the place or country from which it is imported, and, if
purchased, in the kind of money in which it was actually paid for.
For the purpose of the assessment of duties, the kind of
money expressed in the invoice shall be reduced to the currency
of the United States at the rate of value of foreign money, as
established by the Secretary of the Treasury of the United
States, upon the first days of January, April, July, and October
of every year. The date of the invoice will indicate the value
of the money.
When the standard value of a foreign coin has not been
thus proclaimed, any invoice expressed in such coin must be ac-
companied by a consular certificate, showing its value in standard
gold dollars of the United States.
The gold coins provided for in the Custom Tariff for Ports
in the Island of Cuba as being acceptable in the payment of duties
shall be received at their value as stated in said tariff in unlimited
Silver dollars of the United States, other than trade dol-
lars, and pesos (at the value fixed for the peso in the Customs
Tariff for Ports in the Island of Cuba) are receivable for duties
in unlimited sums.
Fractional silver coins of the United States are receivable for
duties in sums not exceeding ten dollars in any one payment, or
Spanish fractional silver coins in sums not exceeding an equivalent
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amount according to the rates fixed in the Customs Tariff for
Ports in the Island of Cuba.
ART. 100. The values of imported merchandise subject to
duty ad valorem, and duty imposed upon and regulated in any
manner by the value thereof, shall be the actual market value or
wholesale price of such merchandise, as bought and sold in usual
wholesale quantities at the time of exportation to the island of
Cuba, in the principal markets of the country from whence
imported, and in the condition in which such merchandise is
there bought or sold for exportation to the island of Cuba, or
consigned to the island of Cuba for sale, including the value of
all cartons, cases; crates, boxes, sacks, and coverings of any
kind, and all other costs, charges, and expenses incident to
placing the merchandise in condition packed and ready for
shipment to the island of Cuba.
ART. 101. Collectors shall make a preliminary examination
of all import entries of merchandise, and when found inaccurate
or incomplete, either in the description of articles or in omitting
proper quantities or values, or for any error apparent on the face
of the entry, shall require the correction thereof before the ac-
ceptance of the entry.
ART. 102. Collectors shall consider the country in which
the imported merchandise was invoiced as the country whence
the same was imported, and shall direct that all entries of
imported merchandise shall indicate both the country and place
where the invoice was dated, and the country and port whence
the final shipment was made, together with the nationality and
motive power of the vessel in which the same was brought.
ART. 103. Every invoice must represent a distinct shipment
to one consignee or firm of consignees by one vessel. If, by
reason of accident or short shipment, a portion thereof should
fail to arrive, an extract from the original invoice, certified by
the collector, may be used for entering the remaining packages,
but the consolidations of separate shipments on one invoice shall
not be permitted.
AnT. 104. No merchandise over $100 in value, except
personal effects accompanying a passenger, shall be admitted to
entry without the production of the invoice thereof, unless the
importer shall make application under oath showing that it is
impracticable to produce such invoice. This affidavit shall be
accompanied by a statement of value or pro forma invoice, which
shall be verified by declaration in the following form:
APPLICATION TO ENTER GOODS WITHOUT INVOICE.
To thc Collector Customs, Port of -
I, of the firm of - do hereby make application
on oath to enter without invoice --, imported by - in
the -, from -
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The ground of this application is that no invoice of the goods above described
has been received; that the causes of the nonreceipt of such invoices are, to the
best of my knowledge, information, and belief, as follows:
And the prices set forth in the statement hereto annexed show the actual
cost or the foreign market value of the merchandise embraced therein to the
best of my knowledge, information, and belief.
Sworn to before me this -- day of --
The collector shall make careful examination of the facts
and require the production of any available evidence to assist in
the ascertainment of the value of the importation, and he will
allow no entry of merchandise over $100 in value under this
provision unless lie shall be satisfied that the failure to produce
an invoice is due to causes beyond the control of the importer;
and the latter shall be required to give bond for the production
of an invoice. The penalty named for failure shall be double the
amount of estimated duties or, if the merchandise be free of duty,
the sum of $100. When the invoice is received it must be com-
pared with the entry, and any duty remaining due must be
collected. The provisions of the law regarding penalties for
undervaluation are alike applicable to pro forma invoices, but
no refund of duty shall be made because an invoice exhibits a
lower value than that shown by the pro forma invoice.
AuT. 105. All merchandise shall be so packed as to facilitate
the examination and appraisal thereof, and interior cases shall
be legibly marked as to the contents. Any consignment not
packed in compliance with this article will be detained for a
ART. 106. Goods found to be fraudulently entered, either
as to value, quantity, or character, shall be forfeited to the
Government, and any goods which have been subject to an
attempt to import into Cuba without being duly entered and
declared and duly passed at the custom-house shall be seized
ART. 107. Any goods, wares, or merchandise not duly
entered within ninety days after importation shall be sold at
auction by order of the collector of customs for Cuba, on approval
of the military governor, after five days' public notice, con-
spicuously posted at the port: Provided, That the period of ninety
days may be extended by the collector of customs for Cuba, not
exceeding a period of six months from the date of the importation,
when good and sufficient reasons therefore are presented to him,
if, in his judgment, the interests of the Government will permit
such extension. The proceeds of such sale shall be kept for
ten days subject to the demand of the importer, after deduction
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of the proper duties on the goods and all expenses of storage and
sale: And it is further provided. That the customs authorities may
destroy any unclaimed leaf tobacco at the expiration of the
period allowed for entry, provided that the collector of customs
shall be satisfied that the duty accruing upon said tobacco would
not be realized by the sale thereof.
ART. 108. All seized and confiscated merchandise shall be
sold in the same way, and the proceeds of such sale, after deduct-
ing all charges, shall be delivered to the collector or other customs
official duly designated for that purpose: Provided, That the
Customs authorities may destroy seized and confiscated leaf
tobacco so as to prevent its sale at less than the duty imposed by
ART. 109. The merchandise deposited in the general-order
stores which, in the opinion of the collector, may, by depreciation
in value, damage, leakage, or other cause, result to be insufficient,
upon being sold at auction, to pay duties for storage and other
charges corresponding thereto, if it be permitted to remain in the
warehouse during the period prescribed by the regulations, shall
be sold at public auction, after due public notice, as specified
above, of not less than three or more than six days, as the
collector may determine, and the proceeds disposed of and
accounted for as on regular sales of unclaimed goods, except that
in case of abandoned goods, no part of the proceeds shall be
returned to the owner of the merchandise.
ART. 110. From the proceeds accruing on such sales of
warehoused goods will be paid the following charges in the order
1. Expenses of appraisal, advertisement, and sale.
2. Duties at the same rate as if the merchandise had been
regularly withdrawn for consumption.
3. Any other charges due the Cuban customs in connectica
with the goods.
4. Any sum due for freight on the voyage of importation of
which due notice shall have been given in the manner hereinafter
5. Storage and other charges for which the goods may be
In case of warehouse goods in publics stores, the storage
dues thereon will be paid from the proceeds next after the
expenses of sale.
No allowance for damage to goods, wares, and merchandise
imported into Cuba., incurred during the voyage of importation,
shall be made in the estimation, and liquidation of duties thereon;
but the importer thereof may within ten days after entry
abandon all or any portion of the goods, wares, and merchandise
included in any invoice, and be relieved from the payment of
duty on the portion so abandoned: Provided, That the portion so
abandoned shall amount to ten per centum, or over, of the total
value or quantity of the invoice, and the property so abandoned
shall be sold by public auction or otherwise disposed of for the
account and credit of the island of Cuba under such regulations
as the military governor may prescribe. All merchandise so
abandoned by the importer thereof shall be delivered by such
importer at such place within the port of arrival as the chief
officer of customs may direct, and on the failure of the importer
to comply with the direction of the collector in this respect, the
abandoned merchandise shall be disposed of by the collector at
the expense of such importer.
AnT. 111. No merchandise shall be imported into Cuba in
vessels of less than thirty tons, gross capacity, under penalty of
ART. 112. Upon the declaration being presented and found
correct it shall be admitted and duly numbered and compared
with the manifest, and the invoice or invoices and bills of lading
shall also be compared therewith.
They shall then be noted in a register, in which shall be set
forth the number of the declaration, that of the manifest, its
paragraph, name of the vessel, the port from whence cleared,
and the name of the consignee.
Note having been taken of the declarations, statements shall
be made of those corresponding to the wharves, the appraiser's
warehouse, and the bonded warehouse division, in order that
they may be delivered to the respective chiefs of these depart-
ments, taking their receipt therefore, and said chiefs of depart-
ments, before proceeding to the appraisal, shall have the entries
duly recorded in a book kept for that purpose.
ART. 113. When a consigment is renounced, or the con-
signee designated by the captain can not be found, or has died
without leaving anyone to take his place, or when, in the case of
cargoes consigned to order, no one should present himself as the
consignee of the same within the period of time established by
these regulations, the collector of customs shall order the pack-
ages stored at the captain's expense, remitting the documents
and all information relating to the shipment, as expressed in
article 97, and such other data as he may acquire to the consul
or vice-consul of the nation of the shipper, if he should be a
foreigner, or to the governor-general of the island, in case he
should be an American, in order that said official may, in ac-
cordance with the commercial code, nominate some responsible
merchant to fill the place of the consignee.
In the same way the consul or vice-consul, or the merchant
so named, shall be considered as the owners of the merchandise,
and can, as such, enter it within the periods allowed.
- M,. -
- 36 -
In case these periods have transpired without any authorized
person presenting himself to dispatch the goods they shall be
considered to be abandoned.
ART. 114. Whenever the collector of customs receives due
notification of any lien for freight upon any imported merchandise
he shall refuse to deliver the same until such lien has been
Every person claiming a lien for freight upon imported
goods in the possession of the collector must serve upon him or
his deputy a notice designating particularly the goods, packages,
marks, and number; the warehouse in which the same are stored;
the names of the owners, importers, or consignees, and the vessel
by which the goods were imported; the date of the arrival of the
goods and the amount claimed. This must be signed by the
claimant or his duly authorized agent, and verified by affidavit.
Liens on goods entered for immediate transportation without
appraisement can not be accepted by the collector of the port of
first arrival, but must be filed with the collector at the port of
Discharge of Merchandise.
ART. 115. The discharge of a vessel shall be permitted by
the collector after proper entry of such vessel in the custom-
The cargo for immediate delivery may be landed im-
mediately, after the granting of a permit to land, upon the
wharves and at warehouses specially designated by the collector
for the purpose.
The discharge of cargo shall be made under the supervision
of inspectors assigned to duty by the surveyor, and the responsi-
bility of the captain to the custom-house shall not cease until the
packages are properly delivered to the consignee or taken pos-
session of by the collector, or until those packages which are to
be examined and appraised in the appraiser's warehouse shall
have entered therein. The consignee of the vessel shall always
be responsible for any shortage or deficiencies which may result.
All goods landed, no permit for the delivery of which has
been received by the inspector at the expiration of the time
allowed by the collector for such goods to remain upon the
wharves, shall be sent to the general order store. Storage and
all other expenses on such goods must be paid by the owner or
consignee, or, when the goods are sold as unclaimed, from the
proceeds. The discharge must be effected in the number of days
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prescribed in these regulations and only exceed them in special
cases. For good reason, after petition has been made by the
consignee in each case, the collector of customs may grant an
ART. 116. All goods not duly entered for payment of duty
within ten days after their arrival in port shall be taken posses-
sion of by the collector of customs as unclaimed and placed in
store, to be disposed of as provided for in article 107.
The discharge must be made by the vessels in the places
designated for the purpose by the collector. If the cargo is to be
discharged in lighters, the master of the lighter, who should be
under bond, shall receive from the customs inspector who is in
charge on board of the vessel a signed note stating the part of the
cargo which the lighter conveys, and which is to go from the
vessel to the wharf, and said lighters shall be accompanied,
whenever it is considered necessary, by a customs inspector; who
shall not permit them to approach the side of any other vessel
nor to stop on the way. When the lighters arrive at the wharf,
the packages which they convey shall be immediately discharged
under the supervision of customs inspectors detailed by the
surveyor to take charge of the cargo. who shall examine them
and check their classes, marks, and numbers with those express-
ed in the lighter's, conduce placing the word "correct" if he
finds them correct. Otherwise lie shall inform thd surveyor of
the port, in order that the proper action may be taken.
ART. 117. The master of any steamship trading between
foreign ports and ports in the island of Cuba, and running in a
regularly established steamship line, which line shall have been
in existence and running steamers in the foreign trade for not
less than six months previous to the application of the privilege
extended by this article, arriving in a port of entry, may make
preliminary entry of the vessel by making oath or affirmation to
the truth of the statements contained in his manifest and
delivering said manifest to the customs officer, who shall board
said vessel, whereupon the unloading of such vessel may proceed
upon arrival at the wharf, under the special regulations governing
such cases. Any customs officer who may designated for that
purpose by the collector of the port is authorized to administer
the oath or affirmation herein provided for.
AnT. 118. The details of the discharge of merchandise shall
be arranged in accordance with the general provisions established
in relation to the duties of the surveyor of the port and his
Merchandise brought in a vessel from a foreign port can not
be unladen or delivered but in open day except by special permis-
sion from the collector; and upon the execution of a sufficient
bond, conditioned to indemnify him for all losses and liabilities
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which may be occasioned by reason of the granting of such
permit, the collector shall grant a special permission to any
vessel from a foreign port to unlade cargo at night. When
permits are granted to discharge at night or on holidays, for the
convenience of the vessel owner or consignee, a uniform and
reasonable compensation shall be allowed to inspectors for their
services, to be paid, through the collector, by said vessel owner
In general, where services are rendered by the custom-
house at unusual hours for the benefit of the vessel or importer,
they will be charged by the custom-house to said vessels or
ART. 119. No package shall remain upon any wharves
over night, except upon the wharves of the custom-house, nor
shall any package remain at any place where it is landed, unless
there be buildings suitable for its safe-keeping while it remains
under the custody of the custom-house and under the supervi-
sion and responsibility of the surveyor of the port.
Whenever, on account of the cargo being very valuable, it
shall be considered necessary to take measures of safety therefore,
the collector of customs, or, in his absence, the surveyor of the
port, may order that every day, upon commencing and termi-
natingthe discharge of a vessel, the seals mentioned in article 31
be removed and replaced, respectively. This will be done in the
presence of one of the officials of the custom-house, care being
taken that, if practicable, the same person removes the seals who
placed them, after an examination as to their integrity.
If, upon removing the seals in the morning to continue the
discharge, notice be given by the official in charge of this opera-
tion that the seals have been broken or in any way tampered with,
immediate report shall be made to the collector of customs in
order that he may proceed to a prompt investigation of the
matter, and impose the penalty which he may consider proper,
the sum not to exceed $ 500 nor to be less than $ 100; and if it
results that any part of the cargo has been extracted during the
night; whatever be its quantity, official report, fixing the blame
therefore, if possible, shall be made to the collector of customs,
for procedure as contemplated in article 224.
ART. 120. All packages landed for their appraisal in the
appraisers' warehouses, where there are such, shall be conveyed,
under the custody of the surveyor of the port, to the entrance gate
of the custom-house or warehouse, where the respective store-
keepers shall receive them, together with the certificate of weight
furnished by the surveyor of the port; the weight thereof shall be
noted in a book and a receipt delivered therefore. The store-
keeper shall thel make an examination to see whether the packages
are in good condition, or whether they are broken or bear signs
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of damage or of having been opened, and in such cases he shall
report the matter to the collector of customs, through the proper
channels, making the proper notes of the fact in his books.
The storekeeper's book shall have the necessary headings
to set forth the number of packages, their classes, marks, numbers,
gross weight, consignee, date of their entrance, importing vessel,
origin of the same, and observations.
The storekeepers and the employes of the appraiser's store or
ware-house shall securely guard the merchandise and take care
to prevent any damage or confusion of packages at the time of
appraisal. To this end they will place the bales, sacks, cases,
and other packages separately and in good order, according to
consignments, and with the marks in plain view.
In order that the merchandise in the warehouses may be
well guarded, the storekeeper shall always keep the keys thereof
in his own possession and personally superintend the opening and
closing of the doors and windows. He shall be required to be in
constant attendance at the stores from eight o' clock a. m. to five
p. m., except during the time necessary for meals, when the stores
shall be closed. Collectors may extend the hours of attendance
in any special instance, according to their discretion,
Hie shall not permit goods to be received, delivered,.sampled,
packed, or repacked, except in his presence or the'presence of
some person designated as an assistant by the collector, nor
without a written order from such collector.
ART. 121. When vessels bring merchandise in bulk the col-
lector of customs shall dictate such rules as he may consider
necessary for the conduct of their nnlading.
Cattle may be landed as soon as vessels arrive in port, within
working hours, provided the consignee bonds himself to comply
with all formalities prescribed, and to satisfy all duties cor-
responding thereto. The official veterinarian of the port, when-
ever required by laws regulating the inspection of cattle, shall
be present at the landing of cattle for the proper inspection of
same, and no cattle shall be delivered without the certificate of
health signed by said veterinarian.
ART. 122. In order to land passengers' bagage, it will be
sufficient that the inspector in charge on board of the vessel sign
the baggage manifest which the captain shall present to him,
sending it to the chief of the passenger department, after compar-
ing it with the number of packages which are disembarked.
Whenever it is deemed necessary, an inspector shall ac-
company the baggage to the wharf where it is to be examined,
and the officer who makes the examination thereof shall certify
to the same, and to its conformity, at the foot of the said
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After the filing of a bond guaranteeing their reembarcatioii,
the landing of sails, casks, chronometers, and other portions of
the vessel's equipment shall be permitted, in order that the same
may be repaired.
All dutiable merchandise brought by passengers coming from
foreign ports which exceed $ 500 in value, shall be duly entered
in the custom-house for its appraisal and assessment of duties
in regular form; but if the value of such merchandise be less
than said amount, the entry of the same can be made by verbal
declaration. Cigars brought by passengers, evidently for their
bona fide personal use, can be admitted free of duty in quanttities
not exceeding 100.
The duties on passenger effects when not amounting to more
than one dollar in any one case may be remitted by the collector.
ART. 123. Where goods and wares consigned to a port in
Cuba are landed in error at a different port in Cuba, and the
collector at the original port of landing of such .merchandise,
etc., on investigation is convinced by the manifest and other
evidence of such error, he may permit the reshipment of said
merchandise, etc., to its proper destination under transportation
bond and regulations governing same. Said bond may be executed
by designated agent or owIner of the merchandise or agent of the
vessel landing the merchandise, etc., in error. The merchandise
shall be transshipped on another vessel of the same line unless
in the judgment of the collector this will cause unnecessary delay,
in which case he may permit the transshipment by a vessel of
any regular line.
The collector at the final port of destination on receiving
such merchandise, etc., will officially notify the collector at the
original port of landing where transportation bond was executed,
which official notice shall be authority for the cancelling of the
Merchandise, etc., thus transported in bond must be examined
at the original port of landing, in order to establish that the land-
ing was in error and not with intent to defraud. The collector
at the first port of landing will inform the collector of the port
of destination of the result of the examination. The collector at
the port of destination of such merchandise, etc., transported in
bond shall acquire same to be regularly entered for consumption,
and collect duties on same after appraisal.
All merchandise, etc., thus transported in bond shall be
corded and sealed by the collector at the original port of entry at
the expense of the consignor; and all vessels acting as common
carriers for the transportation of such merchandise in sealed
packages in bond shall be held responsible for their safe delivery
at the port of destination, and shall have same noted on the ves-
sel's manifest as "merchandise in bond".
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The attention of all collectors is called to the privilege
granted hereby, and they are cautioned not to allow same to be
abused by the importation of merchandise, etc., not manifested,
and without sufficient evidence to satisfy them beyond a doubt
that such merchandise is not in excess of the vessel's manifest
given at the port of sailing, and was actually landed in error;
also that these provisions do not in any manner change the
regulations governing merchandise, etc., in excess of a vessel's
manifest except as above stipulated-i. e., landed in error at
wrong port, as per conclusive evidence shown.
ART. 124. The following acts are prohibited under the
penalties hereinafter prescribed:
1. To land any article from a vessel or transfer it to another
vessel without the necessary permit from the collector of customs.
2. For any vessel to go alongside of another while the lat-
ter is discharging without the proper permit.
ART. 125. When merchandise remains on board of a ves-
sel after the expiration of the period allowed by these regulations
for the discharge of cargo of the same, the collector may take
The legal time allowed is as follows:
Vessels of less than 300 tons, 8 working days after entry.
Vessels of 300 tons and less than 800 tons, 12 working days
Vessels of 800 tons and upward, 15 working days after entry.
The working days of a vessel are to be computed by ex-
cluding the date of entry, legal holidays, and stormy days when
discharge of cargo is impracticable in the opinion of the collector.
ART. 126. In the case of merchandise which has been
taken possession of by the collector the landing permit shall b6
issued and shall be noted in a special record, and all other
formalities prescribed for ordinary cases shall be complied with.
All expenses incurred in such cases-those for transportation,
storage, and all others-shall be charged to the consignee, or to
the merchandise itself when it is unclaimed, which latter shall
be sold in the form hereinafter prescribed.
ART. 127. The master of a vessels bringing ballast of no
mercantile value may obtain a permit to discharge the same on
taking the proper oath.
The following permit shall then be issued:
FOR N --
FE0MIIT TO UNLADE1 BALLAST OF NO 3I EIRCANTILE VALUE.
PORT OF--- -
To tihe inspcltors:
You will allow to be unladen from the- --, from --, the
ballast, (..-0,r. of-- if, upon your examination thereof, you find
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it to be of no appreciable mercantile value, and report the same upon you return.
If you find it to be of appreciable mercantil a value, you will indorse the fact
upon this permit and return it to the collector for further orders.
ART. 128. Any Government official seizing a contraband
vessel, as soon as the latter shall be considered as such, shall have
all hatches and openings in the same closed and sealed, and they
shall only be opened in the presence of the collector of customs
at the port to which the vessel proceeds, to whom the capture shall
be delivered, together with the records of the seizure and all
papers found on board.
Before the vessel is boarded by the collector notice shall be
served upon the consul of the nation to which the vessel belongs.
In the failure of either the consul or his representative to appear
at the appointed time the necessary formalities shall proceed
without his presence.
In the presence of the above-mentioned persons the hatches
shall be opened, and as the packages are taken from the hold a
statement shall be made out setting forth the classes of the
packages, their number and marks, which statement shall be
signed by the collector and the consul, or his representative, if
any there be. The surveyor of the port shall verify this state-
ment and order the goods sent to the custom-house, where they
shall be received by the storekeeper. They shall then be check-
ed off on the above-mentioned statement, strapped and sealed, and
placed in the warehouse designated for the purpose.
The collector of customs shall issue a certificate, based upon
the statements rendered in connection with the seizure, which
certificate shall be delivered to the Government official making
the seizure, to be attached to the other documents in the case and
remitted to the governor-general in order that he may take such
action as he may deem proper.
The expenses of discharge and all others incurred in con-
nection with the seizure shall be paid from the proceeds of the
sale of the seized merchandise.
Appraisal of1 Merchandlise.
ArT. 129. The officer in charge of the appraisers' division
shall be the direct representative of the collector of customs for
Cuba in all matters pertaining to the appraisal of merchandise,
whether dutiable or free.
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ART. 130. Under the orders of the collector he will supervise
the appraisal, through his assistants, of all merchandise, goods,
wares, and effects of whatever description which may be presented
to him in proper form, and for the appraisal of which the proper
order has been received.
ART. 131. He shall be responsible to the collector of cus-
tor.s for Cuba for the correct appraisal of all such goods; that
the amounts, classes, and values returned by the appraisers'
division are, in all respects, accurate and correct; and that the
paragraphs, letters of paragraphs, rules and dispositions of the
tariff, and the rules and orders of the collector of customs for
Cuba in respect thereto, have been correctly applied and followed.
ART. 132. The appraiser shall examine and appraise by all
reasonable ways and means all imported merchandise which is
designated for that purpose by the collector, and report to the
latter, in writing, whether the prices named in the entry are
correct according to the market value or wholesale price of
similar goods on the day of shipment in the principal markets
of the country from whence exported. In order to assist in
the assessment of duty, the appraiser shall describe the mer-
chandise in such terms as will enable the collector to classify the
same for duty and report whether the measurements and quan-
tities (except in such goods as are weighed, gauged, or measured
by the surveyor) agree with the entry.
Appraisers are under the general control and direction of
the collectors in regard to the arrangement and transaction of
the business of their department of the customs.
ART. 133. Appraisers shall report to the collector, in
writing, upon the entry of any merchandise examined by them,
whether the prices named are the same as those demanded on
the day of shipment for similar articles in the country from whence
exported, also whether the quantities are correct, and shall note
upon the entry the description of the goods covered thereby.
Appraisers shall furnish any further information affecting the
assessment of duty when requested by the collector.
AuT. 134. As the examinations of appraisers are made
the basis of the classification of importations for the assessment
of duty, it is necessary that the appraisers shall closely inspect
the articles ordered for appraisement, and where they entertain
doubts concerning the quality or denomination of articles, they
shall submit samples thereof, with their opinions, to collectors.
ART. 135. Appraisers shall not examine goods for ap-
praisement at other places than the appraiser's room, except as
provided by law.
In every case where an examination for appraisement is
held elsewhere than at the public store, the appraiser shall state
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the fact and place of such exceptional examination in his report
of the appraisement.
ART. 136. At any time before a reappraisement is entered
upon, appraiser cari recall entries in order to correct clerical
errors in their original returns, but not for the purpose of
changing their appraisal.
ART. 137. At ports where appraisers are appointed in
pursuance with law, appraisements shall be made by them.
Where there are no appraisers, appraisement shall be made by
the collector or other authorized officer.
Appraisers or collectors, as the case may be, are authorized
to call before them and examine, upon oath or affirmation, any
owner, importer, consignee, or other person, touching any matter
or thing which they may deem material respecting any imported
merchandise in determining the duty thereupon, and to require
the production of any letters, accounts, or invoices relating to
such merchandise, and such testimony may be reduced to
writing, and shall be filed with the collector.
ART. 138. Passengers' baggage shall be examined as soon
as landed, except during the nighttime. Before despatching the
baggage the inspector shall ask the passenger if he has dutiable
merchandise or effects to declare. The examination shall then
be made in the presence of the owner or his representative for the
appraisal of such goods as may be dutiable within the amount,
viz, $500, prescribed in Article 122.
The duties shall be made out in a stub book and, after being
duly liquidated, the amount of the same shall be paid to the
cashier and the detached slips shall be subject to the same
formalities as the regular entries.
The passengers shall be searched only in case of extreme
suspicion of fraud, and always with due regard to sex and class.
If upon terminating the examination of the baggage any
packages remain whose owners do not appear to claim them,
the collector shall order them weighed, strapped, and sealed
and sent to the warehouse for unclaimed goods, where they shall
be subject to the same proceeding prescribed for unclaimed
Exanmination of M[ails.
ART. 139. Customs officers shall be detailed from time to
time to examine packages received in the foreign mails, and duties
on all dutiable articles authorized to be imported by foreign
mails must be paid or secured as in other cases.
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ART. 140. Mail bags sealed at a foreign post-office may be
delivered unopened to the postmaster, to be forwarded or disposed
of by him, care being taken that all articles unlawfully imported
therein shall be examined by the customs officer nearest the place
ART. 141. When letters, sealed packages, or packages
the wrappers of which can not be removed without destroying
them are received from a foreign country, which are addressed to
persons residing within the delivery of the postoffiqe at the port
of entry at which they are first received, and the postmaster at
the said office at which they are received has reason to believe
they contain articles liable to customs duties, he shall immediately
notify the customs officer of the district in which his office is
located, or the customs officer designated for the purpose of
examining the mails arriving from foreign countries, of the receipt
of such letters or packages, and their several addresses, and
if any letter or package of this character be addressed to a person
residing within the delivery of his office the postmaster shall
also, at the time of its arrival, notify the addressee thereof that
such letter or package has been received and is believed to
contain articles liable to'customs duties, and that he must appear
at the postoffice at the time designated in said notice and receive
and open said letter or package in the presence of an officer of
ART. 142. Letters, all registered mail and sealed packages,
or packages the wrappers of which can not be removed without
destroying them, which are supposed to contain articles liable to
customs duties, and which are addressed to persons residing
outside of the delivery of the post-office at the port of entry
where they were first received from abroad, shall be forwarded to
their respective destinations and marked "Supposed liable to
customs duties," and upon their receipt at the offices of destin-
ation the postmasters thereof shall notify the nearest customs
officer and the parties addressed in the same manner and to the
same effect as provided for in the preceding article. If a reply
is not received from the customs officer within twenty days from
the date of said notice, the package may be delivered to the
addressee without regard to the stamp "Supposed liable to
customs duties." But if the customs officer should request the
postmaster to allow the package to be opened in his presence by
the addressee, the postmaster shall comply with said request and
immediately report the nature and probable value of the contents
to the customs officer (retaining the package in his possession),
whereupon the customs officer shall inform the postmaster of the
amount of the customs charges due upon said package, which
amount the postmaster shall collect upon the final delivery of
the package and transmit, under official registration, to the
customs officer. If, however, the customs officer shall deem it
inexpedient to determine, upon the postmaster's report, the
customs charges upon any such package, it may be sent, at his
request and under official registration, to the postmaster at the
place at which the customs officer is located, in whose custody
it may be examined and the duty thereon computed by the cus-
toms officer, after which it shall be returned to the postmaster at
the office of destination for delivery to the addressee upon
payment of the duty thus assessed.
Nothing herein shall authorize custom officers to seize any
letter or sealed package while in the custody of the postmaster,
nor until after its delivery to the addressee. And no letter or
sealed package shall be detained at the office of delivery longer
than may be necessary for the appearance of a customs officer
and of the addressee.
ART. 143. Unsealed packages received in the mails from
foreign countries (except registered articles which are to be treated
as if sealed), which contain articles liable to customs duties,
shall be delivered by the postmaster at the office of receipt to the
officer of the customs for the collection of the duties chargeable
thereon, with notice of such delivery to the person addressed.
ART. 144. Postmasters are expected to extend to customs
officers, specially designated for that duty, such facilities as may
be necessary to enable them to examine mail matter arriving in
the mails from foreign countries, in order to protect the customs
ART. 145. Printed matter imported through the mails is
liable to duty, except periodicals in pamphlet form and news-
papers; the expression "printed matter" being defined by the
statute as including the production upon paper by any process
except that of hand writing, of any words, letters, characters,
figures, or images, or of any combination thereof, not having the
character of an actual personal correspondence.
ART. 146. All lottery tickets and printed matter relating to
lotteries found by an officer of customs designated to inspect
supposed dutiable matter shall be returned by said officer to the
postmaster for disposition in accordance with the orders of the
ART. 147. Captains desiring to qualify their vessels for the
exportation of merchandise shall present to the collector of
customs an application therefore in due form.
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- 47 -
The exporter shall present to the collector of customs a
policy in duplicate, containing the following items:
1. Name, tonnage, nationality, and captain of the exporting
2. Port or ports of destination.
3. Name of shipper or shippers.
4. Number of packages, class, marks, numbers, and gross
5. The class of merchandise in detail, specifying whether
it'is domestic or foreign.
6. Person or persons to whom consigned.
ART. 148. Upon receiving the policies the collector shall
place upon the original policy an order permitting the lading of
the merchandise to be exported, after proper examination by the
inspector designated for that purpose.
The inspector designated shall make the examination,
entering the result on the original policies, signing the same, and
returning them to the collector.
ART. 149. The collectors of customs shall make a preli-
minary examination of all the manifests of merchandise to be
exported, and when these are found to be incorrect or incomplete,
either in the description of the articles or through omission of
the corresponding amounts or values, or through any other error
which should appear on the manifest, they shall demand their
correction before permitting their exportation. In the case of
lines of steamers which sail under special regulations, in order to
avoid delays and to facilitate generally their operations, the
collectors of customs shall take care that the manifests of the
cargo received by such vessel are deposited in the custom-house
within four days after the clearance of the vessel.
Alr. 150. The countries specified must be, as far as
possible, those for which the exported goods are destined, and not
those for which the exporting vessels are cleared from their
respective ports, if the last country of destination should be
different from that for which the vessel has been cleared. Export-
ers shall be required to state in their policies the country of final
ART. 151. Collectors of customs may authorize the lading
of products of the island of Cuba from any point or state where
they may be situated.
When this authorization is granted, the exportation will be
completed by the captain and shippers presenting all the docu-
ments required by the preceding articles.
The supervision of the lading may be made by a customs
employ or inspector expressly detailed for the purpose by the
collector of customs, all expenses incurred being charged to the
account of the shipper.
- 48 -
When the lading is completed, the collector of customs may
require the vessel to put into the port where the custom-house is
located in order to verify the lading in the form which he may
ART. 152. When a steamer sailing on a fixed schedule is
to remain but a few hours in port the operations of exportation
will be permitted to be prepared before its arrival, loading the
cargo from lighters, in which it shall have been previously placed,
and working at night and on holidays, if it should be necessary,
at the expense of the vessel and with the authorization of the
collector; but in ho case will any merchandise be permitted to
remain on the wharves at night, except by special permit.
ART. 153. When a captain has completed the lading of
his vessel and desi:es to sail, lie shall notify the collector of
customs to this effect, presenting a manifest in duplicate of the
entire cargo, and signing the corresponding oath. The collector
shall certify the duplicate manifest, one copy of which shall
remain in the custom-house, the original being delivered to the
captain of the vessel.
The captain will then receive a certificate to the effect
that he has been completely cleared by the custom-house.
TIANSITS AND TRANSSHIPMENTS
ART. 154. The word transit shall be understood to mean
the passing of foreign merchandise touching at ports of the island
(but without being discharged) without the payment of duties.
The transit of merchandise touching in ports of Cuba, but
without entering into its territory, will be permitted under the
1. The captain shall state in his manifest the packages
carried in transit in the same form specified for those which he
brings for immediate unlading.
2. The point to which the merchandise is consigned shall
not be the same from which it was shipped nor any of those at
which the vessel has previously touched in the same voyage.
These vessels shall be kept under the supervision of customs
inspectors during their stay in port.
ART. 155. If any vessel arrives in port carrying merchandise
in transit for ports in Cuba, and the captain makes application
to lade merchandise for foreign ports, carrying a manifest, the
collector of customs shall note in the manifest the general class
of such domestic merchandise, and the number of the policy cor-
responding to their shipment, in order that their origin may be
verified in the other ports in which the vessel epters,
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ART. 156. The transshipment of merchandise. i. e., the
transfer of the same from one vessel to another of the same line,
will be permitted, provided such merchandise has been manifest-
ed by the captain as in transit for foreign ports, subject to the fol-
1. The consignee shall make application for permission
to make such transshipment, directed to the collector of customs,
in writing, within twenty-four hours after the admission of the
manifest. In this application he shall state the name of the ves-
sel bringing such merchandise, the paragraphs of the manifest in
which the same appears, and the name of the vessel which is to
The application shall be in duplicate and in regular form,
and shall be noted in a special record, with the following head-
(a) Number of the petition, placed at the head of the same.
(b) Date of the petition.
(c) Number of the manifest.
(d) Name of vessel bringing the merchandise.
(e) Name of the vessel receiving the same.
(f) Name of the shipper.
(g) Point of destination.
2. The collector of customs will issue the permit, if ex-
pedient, directing the surveyor of the port to superintend the
transfer of the merchandise and to have the packages verified
under the supervision of the customs inspectors. The number
of the permit shall be noted in the margin of the corresponding
paragraph of the manifest.
3. The packages shall be checked off with the papers of the
vessel and the bills of lading, in order to verify their agreement
with the manifest and with the application for transshipment.
4. The transfer itself shall be made, either from vessel to
vessel, placing them side by side, or by the use of lighters, which
shall, whenever deemed necessary, be accompanied by customs
5. When the transfer has been completed the surveyor shall
certify to the same on the application for the transfer, upon which
the captain of the receiving vessel shall also certify to their
receipt. The original of this application shall be filed in the
custom-house, and the copy authorized by the collector of
customs shall be delivered to the captain of the receiving vessel.
If the transfer is made to vessels which are to touch at ports
of the island and then proceed to foreign ports with the trans-
shipped merchandise, the fact that such merchandise is in
transit for foreign ports must be stated in the general manifest.
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ABANDONMENT OF MERCHANDISE
AuT 157. By abandonment of merchandise is meant the
renunciation by the consignee of his property.
In the case of abandoned goods no part of the proceeds of
sale shall be returned to the owner of the merchandise.
The abandonment is expressed when it is made by the
interested party in writing, directed to the collector of customs.
The abandonment is implied when it so appears from the
actions of the interested party which leave no room for doubt,
such as in the following cases:
1. When on the presentation of the manifest by the captain
the identity of the party designated by him as consignee can not
be ascertained, or he has died without having left anyone to
take his place, or renounces the designation, and neither the
consul of the nation of the shipper or the merchant named will
admit the consignment.
2. When the periods allowed by these regulations for
storage or for entry for bonded warehouse have expired, and
the notices required by. the regulations have been given to the
consignee and the latter fails to appear.
3. When, after the consignee has made his entry and the
same has been accepted by the collector, he or his properly
authorized representative fails to appear within ninety days to
claim the goods and pay the corresponding duties thereon.
4. When passengers bringing concealed merchandise do not
pay the penalties imposed upon them according to section 2 of
article 226 of these regulations within three days after the final
decision of the collector of customs. In all such cases the collector
shall first decide whether the provisions of article 227 apply.
5. When the duties have been paid and the interested party
fails to remove his merchandise from the custom-house within
ninety days after the payment thereof.
6. In any other case, not herein provided for, in which the
intention of the owner may be as clearly inferred as in the five
Whenever the interested party appears within the periods
prescribed in this article there shall be no occasion for the de-
claration of abandonment, but he shall be required to pay the
corresponding duties, storage charges, and all other expenses
which have been incurred by the merchandise.
The explicit statement of abandonment may be made at any
time from the moment of the presentation of the entry until
immediately before making the payment of the duties, and the
interested party is thereupon relieved from the payment of the
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ART. 158. In order that the merchandise may be consid-
ered abandoned, the same must be declared as such, in writing,
by the collector of customs.
Entrance of vessels through stress of weather.
ART. 159. Whenever a vessel from a foreign port is compell-
ed by stress of weather or other necessity to put into any other
port than that of her destination, the master, together with the
person next in command, within twenty-four hours after arrival,
shall make protest in the usual form, upon oath before a duly
authorized person, setting forth the causes or circumstances of
such necessity. This protest, if not made before the collector,
must be produced to him and the naval officer and a copy thereof
lodged with them.
The master of such vessel shall make report to the collector
within forty-eight hours after arrival, and if it' appears to the
collector, by the certificate of the surveyor of the port, or, if
there be no such officer, by the certificate of two reputable
merchants, to be named by the collector, that it is necessary to
unlade the vessel, the collector shall grant a permit and detail an
inspector to supervise the unlading; and the merchandise so
unladen shall be stored under custody of the collector.
At the request of the master of the vessel, or of the owner
thereof, the collector shall grant permission to enter and pay
the duties on and dispose of such part of the cargo as may be of
a perishable nature or as may be necessary to defray the expenses
attending the vessel. And if the delivery of. the cargo do not
agree with the master's report, and the difference be not satisfac-
torily explained, the master shall become subject to the penalties
provided in the case of ordinary importations.
The cargo, or the residue thereof, may be reladen on board
the vessel, under the inspection of an officer, and the vessel may
proceed with the same to her destination, subject only to the
charge for storing and safe-keeping of the merchandise and the
fees for entrance and clearance.
No port charges shall be collected on vessels entering through
stress of weather or other causes above described.
ART. 160. The voluntary entrance of vessels proceeding
from foreign ports will not be permitted at any port, beach, or
anchorage which is not qualified as a port of entry.
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DERELICT AND WRECKED MERCHANDISE
ART. 161. Merchandise picked up at sea, derelict, or taken
from a wreck is prima facie dutiable. If claimed to be of Cuban
production, and consequently free, proof must be adduced as
in ordinary cases of the reimportation of merchandise. Foreign
merchandise landed from a vessel in distress is dutiable if sold or
disposed of in the island of Cuba.
Before any merchandise which has been taken from a recent
wreck shall be admitted to entry the same shall be appraised, and
the owner or importer shall have the same right of appeal as in
No part of a Cuban vessel, nor any of her equipment,
wrecked either in Cuban or foreign waters is to be regarded as
"goods, wares, or merchandise."
All merchandise picked up at sea, derelict, or recovered
from abandoned wrecks shall be taken possession of in the port
or district where it shall first arrive and be retained in the
custody of the collector as unclaimed. If not claimed and entered
by the owner on due proof of ownership, by the underwriters in
case of abandonment to them, or by the salvors in the absence
of adverse claims, it will be subject to sale for duties in the
usual manner. Salvors have an uncertain interest in the goods
saved, dependent upon the decree of a competent tribunal,
and also have a presumptive right to possession of merchandise
saved by them from abandoned wrecks. The collector will there-
fore permit salvors to make entry of derelict or wrecked goods
in either contingency. If the merchandise be libeled for salvage,
the collector shall notify the salvors of the claim of the island
of Cuba for duties, and will intervene for the same. When such
goods are brought into port by lighters or other craft, each such
vessel must make entry by manifest of her cargo.
ART. 162. When vessels are wrecked in the waters of
Cuba, application should be made to the collector of customs by
the original owners or consignees of the cargo, or by the
underwriters, in case of abandonment to them, for permission
to forward the goods saved from the wreck to the ports of desti-
nation in other conveyances, without entry at the custom-house
in the district in which the merchandise was cast ashore or
unladen. On receipt of such permission the merchandise may be
so forwarded, with particular manifests thereof, duly certified
by the customs officer in charge of the goods.
ART. 163. Whenever any vessel of Cuba has sustained
or caused any accident involving loss of life, material loss of
property, or serious injury to any person, or has received any
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damage affecting her seaworthiness or her efficiency, the managing
owner, agent, or master of such vessel shall, within five days,
send, by letter to the collector of the district wherein such vessel
belongs, or of that within which such accident or damage
occurred, a report thereof, signed by such owner, agent, or
master, stating the name of the vessel, the port to which she
belongs, the place where she was, the nature and probable
occasion of the casualty, the number and names of those lost,
and the estimated amount of loss or damage to the vessel or
cargo; and shall furnish such other information as may be called
for; and if he neglects to comply with the foregoing requirements
after a reasonable time, he shall incur a penalty of $100. And
whenever the managing owner or agent of any vessel of Cuba
has reason to apprehend that such vessel has been lost he shall
promptly send notice in writing to the collector of the port to
which said vessel belonged of such loss and the probable occasion
thereof, stating the name of the vessel and the names of all
persons on board, so far as the same can be ascertained, and shall
furnish, upon request of the collector, such additional information
as shall be required; and if he neglects to comply with the above
requirements within a reasonable time, he shall incur a penalty
If there should be no custom-house at the point where the
vessel is wrecked, the coast guard or customs official nearest the
scene of the wreck shall render all possible aid in saving the crew
and cargo of the vessel, taking charge of the merchandise saved
and giving immediate notice to the nearest custom-house.
In order to prevent any attempt to defraud the revenue, the
collector shall be represented at the saving of the cargo by
customs inspectors detailed for that purpose, who shall examine
and countersign the inventory made of such cargo, receiving an
authorized copy of the same and the key to the warehouses in
which the goods are stored.
If the merchandise saved is not damaged, and the interested
parties should make application for their appraisal, they shall
send a declaration of the same, in duplicate, to the custom-house;
and the proper examination and dispatch shall take place in the
regular form established by these regulations.
The same proceeding shall be followed if it should be decided
to enter a part of the merchandise for bonded warehouse.
ART. 164. If the owner of the vessel wishes to export the
remains of the wreck, he will be permitted to do so upon proper
examination and inspection.
The remains of a wrecked vessel shall be considered to be
not only the hull and rigging of the same, but also all ships'
stores and articles of equipment, such as sails, ropes, chains,
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ART. 165. If it is desired to refit the vessel for navigation,
the following proceeding shall be had:
1. The owner of the vessel, if the same has not been sold,
or the person acquiring it in the event of its sale, shall give of-
ficial notice, in writing, to the collector of customs.
2. When the vessel is ready to sail, the interested party
shall inform the collector of customs, stating whether he wishes
to reexport the vessel or have it placed under the provisional
coasting flag of Cuba.
3. In the latter case the collector shall order its appraisal
and measurement made in proper legal form.
ART. 16(. The coastwise trade, in so far as it affects the
customs, shall be considered that which is carried on directly by
sea between ports of entry in the island of Cuba.
The coast wise trade can be exercised only by Cuban vessels
or those of the United States in so far as it refers to the trans-
portation of merchandise.
Any vessel which, having been cleared coastwise, touches a
foreign port shall be considered as of foreign origin, as also shall
be its cargo, unless the entry at such foreign port has been by
stress of weather or other necessity, and has been so established
by the captain before the consul of a friendly nation, or, in the
absence of such, before the local authority, in which case a careful
examination shall be made to ascertain if the cargo which it car-
ries is the same which it laded at the port from which it was
Notwithstanding the provisions of the second paragraph of
this article foreign vessels will be permitted to engage in the
coasting trade, when, in urgent cases, the public convenience
requires the granting of such permission, and then only upon
due authorization by the collector of customs for Cuba.
ART. 167. When a captain wishes to lade merchandise
for coastwise transportation lie shall present to the collector an
application for permission to do so, after receiving which he may
ART. 168. The clearance of coastwise vessels carrying na-
tional merchandise, or foreign merchandise which has been
nationalized through the payment of import duties, shall be
effected after presentation to the collector of customs at the port
of clearance of a manifest in duplicate, one of which, after being
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certified, shall be returned to the captain or master of the vessel.
Upon acceptance of the manifest the collector shall issue the
necessary clearance permit.
AuT. 169. The unloading of merchandise arriving at a port
from another one in the island of Cuba shall be made according
to the following rules:
1. The captain, as soon as he comes to anchor, shall present
to the custom-house the sworn manifest of all such cargo carried
by his vessel.
2. The collector shall then order the discharge and inspection
of the cargo by the customs inspectors.
3. At the termination of the discharge the manifest shall
be filed in the custom-house, after being certified to by the in-
ART. 170. Collectors of customs may permit coasting ves-
sels to proceed to any point on the coast and lade national
products and transport them to other points on the island upon
Upon the arrival of the vessel at the port of lading the permit
shall be viseed by the customs inspector, if any, detailed to this
point, or sent there for this especial purpose, noting on the permit
the day of arrival of the vessel.
A manifest of such lading shall be made by the'captain
or master of the vessel and be certified by the customs inspector,
or, in his absence, by the local authority.
Vessels under 20 tons' register used in the transportation of
vegetables and fruits from one point or port of entry in the island
to another shall be free from the formalities specified in this
chapter, and they shall only be required to apply for a pass from
the custom-house or local authority, as the case may be, and to
submit to such examination as the customs inspectors may deem
necessary in order to prevent fraud.
ART. 171. The customs houses may also issue permits for
the transportation in lighters and other boats of light tonnage to
plantations on the coast of machinery, tools, and supplies. In
such cases the manifests shall be authorized at the custom-
house at the port of sailing and visied by the customs officer on
detail at the point of destination, or, in his absence, by the local
ALLOWANCES FOR DAMAGE OR SHORT SHIPMENTS
ART. 172. No allowance shall be made in the estimation of
duty for lost or missing packages appearing on the manifest, bill
of lading, or invoice, unless shown, by proof satisfactory to the
collector, not to have been originally laden on board or to have
been destroyed by accident during the voyage.
AnT. 173. If such missing package should be found later,
or should be returned by the same vessel, or other vessel of the
same line, with sufficient proof that such missing package was
carried away by error, the entry covering such missing package
shall be forwarded to the appraisers' division for the proper ;
appraisal of the goods.
When in such cases duties have been paid on packages which,
according to the official reports of the surveyor, have not been
landed within three months from the date of the entry of the
vessel on whose manifest such packages originally appeared, and
the absence of such packages be satisfactorily accounted for, the
duty collected upon such packages shall be refunded to the
ART. 174. Whenever the appraiser reports a deficiency in
the contents of a package as called for by the invoice, no allow-
ance shall be made unless evidence satisfactory to the collector
shall be produced that said shortage occurred before the arrival
of the merchandise in this country, the burden of proof in such
cases resting upon the importer; but no claim for damage oc-
curring before arrival can be entertained except in case of
imported animals satisfactorily explained to the collector. Dead
animals upon which duty has been abated must be removed as
ordered by the collector at the expense of the importer.
TONNAGE AND HARBOR-131PROVEMENT TAXES
ART. 175. The harbor-improvement taxes at all ports of
entry in Cuba shall be levied as follows:
Each steamer entering.................................................. 8.50
Each sailing vessel entering.......................... .......... ........... 4.25
Each ton of cargo landed from a steamer....................................... .25
Each ton of cargo landed from a sailing vessel............................... .125
Each ton of coal landed from a steamer....................... ............... .125
Each ton of coal landed from a sailing vessel........ ........ ............... .10
ART. 176. At all ports or places in Cuba there shall be
levied the following tonnage dues:
(a) On entry of a vessel from a port or place not in Cuba,
per net ton, 20 cents.
(b) On entry of a vessel from another port or place in Cuba,
engaged at the time of entry in the coasting trade of Cuba, per
net ton, 2 cents.
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(c) The rate of tonnage dues on a vessel which enters in
ballast shall be one-half of the rate imposed by subdivision (a)
or (b), and one-half the tonnage dues imposed on a vessel enter-
ing with cargo shall be refunded if the vessel clears in ballast.
But to a vessel entered from a port-not in Cuba such refund
shall not be made unless the collector at the port of such entry
slall receive satisfactory evidence that the vessel has not been
cleared within two months from the date of such entry from any
port in Cuba with cargo for a foreign port.
If such vessel has been so cleared without actually engaging
in the coastwise trade after her foreign entry on the same voyage,
any tax levied on her coastwise entries between the dates of her
foreign entry and foreign clearance may be refunded.
(d) The tonnage tax on entries of a vessel from a port or
place not in Cuba shall not exceed in the aggregate $2 per net
ton in any one year, beginning from the date of the first payment.
The tonnage.tax on entries of a vessel from other ports or
places in Cuba shall not exceed forty cents per net ton in any one
year, beginning from the date of the first payment.
.(e) The following shall be exempt from tonnage dues:
A vessel belonging to or employed in the service of the Gov-
ernment of the United r
belonging to an organized yacht club of the United States or of a
neutral foreign nation.
(f) The tonnage of a vessel shall be the net or register
tonnage expressed in her national certificate of registry.
COASTING TRADE OF CUBA.
AlT. 177. (a) Vessels of the United -I.I.- may engage
in the coasting trade of the island of Cuba.
(b) The collector of customs at any port in the island of
Cuba is empowered to issue a permit to a resident of Cuba who
owns a vessel, which shall entitle such vessel to engage in the
coasting trade of the island: Provided further, That the owner and
master (except in case of citizens of the United States) of such
vessel shall, upon oath before such collector, entirely renounce
and abjure all allegiance and fidelity to any foreign prince, state,
or sovereignty whatever.
(c) These permits shall first be approved by the military
governor of the island, and afterwards countersigned by the
Collector of customs issuing the same,
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(d) Vessels entitled under these regulations to engage in
the coasting trade of Cuba shall carry a distinctive signal, which
shall be a blue flag, and the union of the flag shall be a white field.
ART. 178. The permit authorizing a vessel to engage in the
coasting trade of Cuba shall be surrendered without willful or
unnecessary delay to the collector of the nearest customs port or
of the port of first arrival after the transaction, under the several
conditions or circumstances as follows:
First. When the captain or master or the managing owner
Second. When the vessel is sold in part or in whole.
Third. When she is burned, wrecked, or lost in any
Fourth. When she is altered in form or burden, or changed
from one denomination to another.
Fifth. When the permit, because of time limitation, has
If the master neglects to surrender the permit under the
conditions enumerated, lie shall forfeit $100 and the permit shall
become null and void. Whenever a permit is surrendered, except
in case of a total loss of the vessel, the collector, at the home
port, shall renew the document, lbut if at a port other than that
to which the vessel belongs, the collector shall issue a temporary
permit until she arrives at her home port.
Provided, however, That the loss, destruction, or disappearance
of a permit may be established by the oath of the master or
other person having charge of the vessel, the same being duly
made before the collector of the port of first arrival.
And provided further, On proof that any vessel has been sold
or transferred by process of law, and that her permit is held by
the former owner or owners, the collector of the district to
which the vessel belongs may grant a new permit, with the
approval of the military governor of the island of Cuba.
Special regulatiolls lor Coasting trade.
Amr. 179. Officers of the customs in the island of Cuba may
authorize the clearance under a permit for foreign ports or ports
of the United States of vessels owned by residents of Cuba, and
owned at the time of clearance by citizens of Cuba, under the
distinctive signal and coasting permit of Cuba. Such vessels may
fly the American flag above the distinctive signal solely for the
purpose of indicating that the Government of the United States,
pursuant to treaty, has assumed and will discharge the obliga-
tions that may under international law result from the fact of
the occupation of Cuba for the protection of life and property.
In granting such clearance under a permit collectors of
customs shall advise masters or owners that the clearance under
permit and the use of the flag of the United -t.ti hereby
authorized do not confer upon such vessels any rights or privileges
which are conferred upon vessels of the United "t.Ii.. bythe
statutes or treaties of the United States.
The rights and privileges of such a vessel as to entry,
clearance, dues, charges, etc., in foreign ports and in ports of the
United <.t -- -h.ill be determined by the laws of the country in
which the port may be situated.
Such vessels upon entry into a port of the United l.it.,
shall be subject to the provisions of section 2497 of the Revised
Statutes and such other laws as may be applicable.
The form and manner of the issue of permits provided for
in this article shall be as follows:
1. Each permit for the clearance to a foreign port or port
of the United States of a vessel owned by a citizen of Cuba shall
be signed by the general commanding the United States forces in
2. Each such permit shall also be signed by the collector of
customs at the port of Cuba from which the vessel seeks clearance.
3. The collector of customs shall retain a duplicate of
each such permit issued.
4. Previous to the issue of the permit the owner and
master slall give a bond in the sum of $10 per gross ton, with
security satisfactory to the collector of customs, that for the
period of one year such vessel shall engage only in legitimate
trade and use the flag of the United States only for the purpose
set forth in the executive orders and regulations on the subject,
and shall, together with the owner and master, comply with all
the executive orders and regulations now established, or which
may hereafter be established, relating at any time to said vessel.
5. The collector of customs shall not issue such permit
until lie is satisfied by inspection that said vessel is about to
engage in legitimate trade, and lie may direct any examination
of the owner, master, crew, passengers, cargo, or vessel which lie
may deem necessary for the purpose.
(. The permit for clearance provided by these regulations
shall not authorize the vessel to carry arms or ammunition unless
the general commanding the forces of the United States in Cuba
shall, in his discretion, give a written permit for the transport-
ation of a stated amount of arms and ammunition for a specific
purpose on a specific voyage.
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7. The collectors of customs in issuing such permit shall
notify the master that lie may fly the American flag above the
distinctive signal for the coasting trade of Cuba, solely for the
purpose of indicating that the Government of the United States,
pursuant to treaty, has assumed and will discharge the obligations
that may, under international law, result from the fact of the
occupation of Cuba for the protection of life and property of
Cubans. He shall also advise the master that the clearance under
permit and the use of the flag hereby authorized do not conifer
upon this vessel any rights or privileges which are conferred
upon vessels of the United States by the statutes or treaties of
the United tlit.--, but that the rights and privileges of the vessel
in foreign ports and in the United itr,- will be determined by
the laws of the country of the port.
8. The master of the vessel upon receiving the permit shall
place it with his Cuban coasting permit, and upon arriving in a
foreign port shall promptly deposit both with the consul of the
United s l., ... at that port, or if there be none then with the consul
of a friendly nation. If the laws of the port require that the
ship's papers be deposited with the local officer of customs, the
master, shall so deposit both permits, promptly advising the
consul of his action. Before clearance the consul shall return
to the master the permits, or cause them to be returned, as the
registers of American vessels are returned in foreign ports. In
ports of the United States the permits shall be deposited with
and returned by the collector of customs.
9. The master of the vessel upon returning to a port in Cuba
shall surrender the permit to the collector at the port of entry,
who slall make such examination as lie may deem necessary to
satisfy himself that the permit and the flag of the United States
have been used only for the purposes prescribed, and if satisfied
he shall cancel the permit and return it to the collector of
customs who issued it, to be filed. If upon such examination the
collector is not satisfied that the permit and the flag have been
used only for the purpose prescribed, lie shall detain the vessel,
and report as soon as practicable to the general commanding the
forces of the United States in Cuba.
10. For any misuse of the American flag or of the permit
authorized by this order the general commanding the forces of
the United States in Cuba may, in his discretion, impose a penalty
not exceeding $10 per gross ton on the vessel, or may institute
proceedings for the forfeiture of the bond above provided, or
may seize the vessel and report the facts to the Secretary of War
for his action.
ART. 180. It shall be the duty of every captain of a vessel
engaged in the foreign and coastwise trade, under the special
regulations therefore, to provide himself with a certificate, on
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which certificate every payment for foreign tonnage dues shall be
noted officially by the respective cashiers of the custom-houses
in the island.
ATr. 181. It shall be the privilege of every captain of a
vessel engaged in the foreign and coastwise trade under the
special regulations above given to pay in advance, every three
months, at the home port in Cuba, the maximum proportionate
tonnage dues under these regulations, and the certificate of the
respective collectors of customs shall be accepted as proof of such
INTERIOR C ICULATION.
ART. 182. The circulation of merchandise-that is, their
transportation from one point of the island to another, without
putting to sea, shall be free of duty.
AnT. 183. Customs inspectors, in cases of suspected fraud,
are authorized to detain merchandise and have it conducted to
the nearest custom-house, until their legitimate importation has
Special rules for the warehousing of imported goods
and for their transportation in bond.
ART. 184. Warehouses duly authorized for the storage of
imported dutiable goods shall be known and designated as of clas-
ses one, two and three.
Where there is available space in the premises used as
customhouses, such space may be set apart for the storage of
imported goods in bond, and the premises are to be known as
warehouses of class one.
Other premises used for the general storage of imported
goods are to be known and designated as warehouses of class
Yards used for the storage of heavy or bulky articles are to
be known and designated as warehouses of class three.
WAREHOUSES OF CLASS ONE.
ART. 185. At ports where there are Government stores,
preference shall be.given them for the storage of seized goods,
and also of unclaimed goods if there is sufficient space for their
accommodation. Unclaimed and seized goods may also be
deposited, by order of the collector or acting collector, in ware-
houses of class two. Where there are no class two warehouses,
the collector may procure suitable premises for the temporary
storage of unclaimed or seized goods; but in all cases the rent
and other attendant expenses must be charged against the goods.
WAREHOUSES OF CLASS TWO.
ART. 186. Where it is not practicable to bond the entire
building, the first or ground floor of the premises may be bonded
as a warehouse of class two, provided all interior means of comn-
munication between such first or ground floor and the remainder
of the premises are removed and there are no other means of
entrance or exit to the bonded portion except those upon a street
or other public thoroughfare. The general storage of imported
merchandise may be allowed in warehouses of class two upon
the order of the collector of customs.
The rates of storage and compensation for labor in tlhe
handling of bonded goods will be as agreed upon between the
owner or importer of the goods and the proprietor of the ware-
house, who shall receive the amount due for storage and labor,
the collector looking to the safe custody of the goods only for the
security of the revenue. The proprietor of the warehouse shall
not be allowed to make charges for storage, labor, or other
expenses in excess of the regular rates prevailing at the port; and
in instances where disputes arise with reference to such charges
the collector of customs shall determine the question whether or
not the charges are excessive. No goods shall be delivered from .
bonded warehouses without payment of the proper charges
thereon. A storekeeper shall be appointed to have immediate
charge of the receipt and delivery of goods at any warehouse.
The bonded warehouses must, in addition to the locks of
the proprietors, have placed thereon customs locks, the keys of P
which are to remain in the custody of tlhe storekeeper assigned to
the premises by the collector or acting collector.
Proprietors of bonded warehouses shall be required to pay
monthly to the collector of customs a sum equal to the salary of
the iIllh I; I assigned to the premises as storekeepers, and to
provide at all times suitable accommodations for such store-
keepers in the warehouses.
The windows of the bonded warehouses, unless protected by
iron bars, must be provided with substantial shutters capable of
being securely closed on the inside of the premises.
'WAREHOUSES OF CLASS THREE.
ART. 187. Warehouses of class three are to be used ex-
clusively for the storage of wood, coal, mahogany, lumber; rail-
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S road, pig, and bar iron, and other heavy or bulky articles.
Yards inclosed by substantial fences not less than ten feet in
height, with gates opening into a street or public thoroughfare,
may be bonded as warehouses of this class.
Unclaimed and seized merchandise of a heavy or bulky
S character may be stored in warehouses of this class under the
same regulations and conditions as are provided for the deposit
of unclaimed or seized goods in warehouses of class two.
APPLICATIONS FOR ESTABLISIIEMENT OF BONDED) AREHOUSES.
ART. 188. Applications for the establishment of bonded
warehouses of either of the classes hereinbefore mentioned must
b le made in writing to the collector of customs, describing the
premises, the location and capacity of the same, and the purpose
for which the building is to be used.
Upon receipt of such application the collector shall cause an
examination of premises to be made, with reference particularly
to its location, construction, or occupation, and means provided
for the safekeeping of merchandise. If such examination is
satisfactory, the collector shall report all the facts in the case,
with his recommendations, to the chief of the customs service; if
the latter approves the establishment of the bonded warehouse,
the person or persons making the application should le "notified
. by the collector to enter into bond, in duplicate, in such penalty
is may be ordered by the chief of the customs service, to protect
the interests of the revenue. Not less than two individuals
should be accepted as sureties, and they should each be required
to file with the bond, in addition to their oaths as sureties, a
statement showing real estate or other property owned by them
the value of which shall be at least equal to the amount specified
in their oaths as sureties. Duly incorporated guarantee or
security companies may be accepted as sureties whenever the
collector shall be satisfied as to their iill.lii.-i.-y.
The bonds should be executed before the collector, and, if
approved by him, one copy of each bond should be retained by
him on file, and lie will notify the owner or occupant of the
premises of the establislhelnt of the warehouse.
The form of the bond to ble given on the establishment of
bonded warehouses shall be prescribed by the chief of the customs
service, with the approval of the military governor.
A ir. 189. The collector of customs should promptly notify
the military governor of the death, pecuniary embarrassment,
or insolvency of any of the parties to a bond or warehouse, or of
any circumstances whliclh make it advisable to require new bonds,
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New bonds must in all cases be given when a warehouse
passes into the hands of new principals, or where changes take
place in partnerships.
ART. 190. Alterations in bonded warehouses can be made
only by permission of the collector, and if such alterations
constitute a material change in the premises new bonds should
It is the duty of the collector to notify the military governor
of all changes in the surroundings of bonded premises likely to
affect their security. If burned or otherwise destroyed, im-
mediate notice with full particulars should be given, and if
rebuilt the premises can not be used as a bonded warehouse until
ART. 191. Proprietors or occupants of bonded warehouses
shall be required, on ten day's notice from the collector, to renew
their bonds, and if they fail to do so o merchandise should be
sent to their warehouse, and that stored in the premises should
be at the expense of the proprietors or occupants.
ART. 192. Warehouses may be discontinued by the col-
lector at any time upon written request to that effect from the
proprietors or occupants of the premises, 'provided all the require-
mcnts of these regulations have been complied with on the part
of the principals. In instances where dutiable merchandise is
stored in the premises, the same must be removed at the risk and
expense of the proprietors and tle premises should not be sur-
rendered nor discontinuance authorized until after a careful
examination of the accounts of the warehouse and a comparison
thereof with the books of the custom-house.
ART. 193. The period which shall be allowed for the
storage of bonded goods shall be one year from date of importation,
but this period may be extended by the chief of the customs service,
with the approval of the military governor, to two years when
satisfactory reasons are shown for such extension.
Bonded goods remaining in warehouse for more thali three
years from the date of original importation are held to be
abandoned to the Government and liable to sale.
All duty-paid merchandise which remains in bonded ware-
house more than three years from the date of importation shall
hereafter be treated as abandoned merchandise and sold, under
the regulations heretofore provided, unless the owners thereof
shall surrender to the storekeeper in charge of the goods the
withdrawal permits duly stamped for delivery. Upon the sur-
render of such permits the storekeeper shall notify the ware-
house proprietor of the delivery of the goods by the Government,
and report the fact upon the back of the permit and return the
same to the collector.
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No application for any casualty damage occurring after
the expiration of three years from date of importation will be
ART. 194. The entry of goods for warehousing shall be in
duplicate, in the form prescribed by the chief .of the customs
service, and verified by oath or affirmation, as in the entry of
merchandise for consumption, and shall be made within forty-
eight hours from the admission of the manifest.
The dutiable value of each package must be stated on this
entry when the invoice will permit this being done.
Any portion of an invoice, not less than an entire package,
or, if the merchandise be in bulk, not less than one ton in weight
may be entered for warehousing, and the remainder for con-
sumption, or for warehouse and transportation in bond. In such
instances, however, the entries must be made simultaneously
and the oaths or affirmations altered to correspond.
ART. 195. All package goods, including distilled spirits in
casks, must be sent to and received in the warehouse by the ship-
ping marks and numbers; and if imported without numbers,
they are required to be numbered consecutively from one upward.
Such goods should be gauged, weighed, and in all respects dealt
with by such numbers. The collector should'also, at the ex-
pense of the owners of the goods, cause each package, when
received, in warehouse, to be marked with the year and month
when received, the name of the vessel in which it was imported,
and of the place whence shipped, such marking to be done under
the supervision of the storekeeper, and the necessary labor to be
furnished by the warehouse as a charge on the goods.
The shipping marks, numbers, and identification as above
must be entered on books to be kept and on reports to be made
by the officer in charge in his daily returns to the collector's
office. They shall then be entered in the general warehouse
books at the custom- house, and the numbers therein given will
bh the designating numbers on all permits for withdrawal.
The entry for warehousing having been examined by the
collector, and the duty estimated thereon, the collector shall take
a bond from the importer, with satisfactory security, in double
the amount of such estimated duties, in the form prescribed by
the chief of the customs service approved by the military governor.
ART. 196. No partial withdrawal of merchandise from
bonded warehouse shall be allowed in less quantities than an
entire package, or, if in bulk, of less than one ton.
ArT 197. Original importers are not by any subsequent
transfers relieved either personally or upon the warehousing
bond from their liability for duties. Both principal and sureties
continue liable until the duties are paid or the merchandise
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ART. 198. The importer of record may transfer to any
other person the right to any merchandise under bond, which
shall be done in writing upon the face of the withdrawal.
Delivery of goods may be made to -
The bond having been executed, the collector shall issue a
permit to send the goods to the warehouse named in the entry,
with the exception of such as may be designated for examination.
This permit shall be addressed to the inspector or other customs
officer who supervises the unlading of the merchandise from the
importing vessel, and shall be in the following form:
PERMIT TO SEND GOODS TO WAREHOUSE.
Collector's Ofice, -- 19-.
To the inspector at -- --
You are hereby directed to send to the bonded warehouse, No. -,
street (here' describe the merchandise), imported on the of -- by
-in the --, -master, from ----
When goods are sent from an importing vessel or car to a
warehouse, or from one vessel or conveyance to another, or from
warehouse to vessel or car, as well as unclaimed merchandise,
and all packages ordered for examination, they must be delivered
to cartmen or draymen, or lightermen appointed by the collector,
and after such cartmen, draymen, or lightermen have given bond
in a sum not less than $5,000, with two sureties, conditioned
for the faithful performance of their duty as draymen, cartmen,
This bond shall be in the form prescribed by the chief of
the customs service after approval by the military governor.
ART. 199. Any person, firm, or corporation owning one or
more lighters, barges, scows, propellers, drays, or carts, may,
upon producing evidence of good character to the collector, be
appointed by him; and in instances where a general bond is
advisable, such bond may be executed covering all of the wagons,
lighters, drays, carts, etc., owned or managed by the person or
persons giving the bond, which should be in an amount to be
designated by the collector.
ART. 200. Perishable goods, gunpowder, or other dangerous
or explosive -ilil-t.i -. --, except firecrackers, can not be deposited
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in warehouse; and if not immediately entered for export or
transportation from the vessel in which imported or entered for
consumption, and the duties paid thereon, shall be sold by the
collector under the regulations governing unclaimed merchandise
of a perishable nature.
ART. 201. On the arrival of goods destined for another
port, an entry for warehousing and transportation in bond must
be combined, in the form prescribed by the chief of the customs
service, with approval of the military governor.
This entry should be in triplicate, and one of the copies
should be forwarded immediately by mail to the chief customs
officer at the place of destination of the merchandise. With
the entry must be filed a bond in an amount equal to double the
duties chargeable on the goods. The bond should be in the form
prescribed by the chief of the customs service, with approval of
the military governor.
The arrival of goods at destination shall be reported by the
common carrier to the collector, who shall require the owner
of the merchandise, or his duly accredited representative, to
make entry thereof, either for consumption or for warehouse; and
the chief customs officer, in his treatment of the goods, shall be
governed by the instructions hereinbefore given for the guidance
of officers at ports of original importation.
TRANSPORTATION IN BOND
ART. 202. Common carriers, such as railroad or other
transportation companies, in order to convey dutiable merchan-
dise in bond from the port of importation to other ports, must
give security in the nature of a general transportation bond in
such penalty as may be directed by the collector, with at least
two good and sufficient sureties, to be approved by him, condi-
tioned that the principals shall transport and deliver to the
collect or of customs at the port to which the merchandise may
be consigned all goods in bond delivered to such carrier, such
transportation and delivery to be made without delay. Application
to bond routes for the purpose indicated should be made to the
collector of customs. If the application to bond is approved,
the common carrier should be required to enter into bond in a
penalty not less than $20,000, and in the form prescribed by the
chief of the customs service, with approval of the military
ART. 203. When merchandise is forwarded from the port
of importation separate manifest, in triplicate, should be prepared
for each vessel, car, or other vehicle used for the purpose,
signed by the agent of the vessel, railroad, or other company by
which the transportation is made, and certified and delivered by
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the inspector. Each manifest should contain a description of
the merchandise, by marks, numbers, and contents, the route,
conveyance, port of destination, names of shipper and consignee.
The manifest should be in the form prescribed by the chief of the
customs service, with the approval of the military governor.
The officer in charge of the lading should see that manifests
are furnished for each car or vessel or conveyance, as herein
required, and he should certify on the manifest to the lading of
the goods, giving the number of the car or name and description
of the vessel. One of the manifests should be delivered to the
conductor of the car or the master of the vessel, and the other
two should be returned to the custom-house without unnecessary
The collector should transmit one copy of the manifest by
first mail to the chief customs officer of the port of destination.
AnT. 204. Upon the arrival of the car or vessel or other
conveyance at the port of destination examination should be
made of the fastenings of the vehicle or craft for the purpose of
ascertaining whether or not they have been tampered with. If
such fastenings are not intact, or the collector has reason to
suspect fraudulent attempts, he should take possession of the
vehicle or craft and its contents and report the facts to the chief
of the customs service. If there is no evidence that fraud has
been attempted the seals should be removed by the customs
officer and entry of the goods allowed as hereinbefore provided for.
ART. 205. Merchandise in bonded warehouse may be ex-
amined at any time during the business hours of the port by the
importer, consignee, or agent, who may take samples of his goods
in reasonable quantities, according to the usage of the port, make
all needful repairs of packages, and repack the goods if necessary
for their safety or preservation, provided when the original
contents are placed in the new packages they shall be marked
and numbered as before.
ART. 206. Casks containing wines liable to sour may be
refilled when necessary for preservation, but the wine used for
such refilling must be part of the same importation and must
have been withdrawn for consumption with payment of duties.
ART. 207. No samples shall be taken nor any goods ex-
hibited or examined without a permit from the collector and under
the supervision of an officer of customs, nor unless by request of
the importer, owner, or consignee; nor shall any package be
repaired nor goods repacked without a permit, to be granted only
when necessary for the safety or preservation of the contents.
Goods imported in bulk and not in present danger of deterioration
can not be placed in packages while in warehouse.
ART. 208. No merchandise shall be removed from a bonded
warehouse unless upon a duly signed permit containing the
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designation of said warehouse, the date of the receipt of the
merchandise therein, and the word "deliver" and date thereof,
certified by the person in charge of the storage books at the
WITHDRAWALS AT ORIGINAL PORTS FOR CONSUMPTION.
ART. 209. A withdrawal for consumption must be made
out in the form to be prescribed by the chief of the customs
service, and must be signed by the importer or by a party
authorized by him. If by the latter, the original importer inust
placp upon the withdrawal his written authority for the sub-
stitution. No oath or declaration is required for withdrawals
ART. 210. On presentation of this withdrawal at the
collector's office it shall be compared with the record of the bond
upon the warehouse ledger, and if they agree the items shall be
entered therein, with the amount of duty thereon. The collector
shall fill out a permit for delivery on the following form:
WITHDRAWAL PERMIT FOR DELIVERY.
PORT OF ----- -
Custom House, ---, 19 -.
To the Storekeeper:
Duties having been paid, you will deliver to the merchandise
described per entry as follows: --, and which was imported into this
district --,-, 19-, by---- -- master, from -- -
The officer in charge of the warehouse division shall make
upon the permit a statement of storage and labor charges due
upon the packages withdrawn from warehouses, class one. After
the duties and charges have been paid to the cashier of the
custom-house the permit shall be signed by the collector and
returned to the importer or his representative for presentation to
the storekeeper at the bonded warehouse, who will thereupon
deliver the merchandise.
ART. 211. All permits received for the delivery of packages
from bonded warehouses shall be entered upon the warehouse
books and returned by the storekeeper thereof to the custom-
house, stamped with date of delivery, and due note thereof
shall be made upon the storekeeper's record.
WITHDRAWAL AT ORIGINAL PORTS FOR EXPORTATION.
ART. 212. The withdrawal of goods from warehouse for
exportation at the port of original importation shall be made in
the following form:
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EXPORT WITHDRAWAL AT PORT OF ORIGINAL IMPORTATION.
Bond No. --
Merchandise intended to be withdrawn from warehouse by- --- ,
and to be exported by him in the - master, for------ ,
which was imported into this district by- --- master,
from -- on the- day of -- 19-,
ART. 213. If exported by other than the original importer,
the same authority shall be required as in case of withdrawal for
consumption. The export shall be made under the original mark
of importation. Additional port marks may be made by authority
of the collector and under the supervision of a customs officer,
but both the original and the port mark shall appear in all papers
pertaining to the exportation.
The withdrawal shall be verified in the following form:
DECLARATION ON EXPORT WITHDRAWAL.
I, -, do solemnly, sincerely, and truly declare that the
goods, wares, and merchandise described in the within withdrawal, now de-
livered by me to the collector of customs for the port of ---- are truly
intended to be exported by me to the port of -- as stated in said
entry; and by the vessel (or route) therein indicated, and are not intended to
be relanded or consumed within the limits of Cuba; and that, to the best of my
knowledge and belief, the said goods, wares, and merchandise are the same
in quality, quantity, value, and package (wastage and damage excepted) as
at the time of importation.
Declared this- day of- 19-, before me.
AnT. 214. The withdrawal having been duly entered in
the warehouse accounts, the exporter shall give bond, with sat-
isfactory security, in a penal sum equal to double the amount of
the estimated duties on the goods, to produce the proof required
by law of the landing of the same beyond the limits of Cuba,
which bond shall be in the following form:
Know all men by these presents, that we,-- as principals,
and- as sureties, are held and firmly bound unto the Government
of the island of Cuba in the sum of dollars, for the payment whereof to
the Government of the island of Cuba we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these
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Witness our hands and seals, at the port of-- --- this day
Whereas the following described merchandise, having been heretofore
duly imported into Cuba and entered for warehousing in bond, and having been
so warehoused at the above-named port according to law, hath been this day
entered for withdrawal and exportation in bond, viz (here describe the mer-
chandise by marks, numbers, description, and number of packages, with their
contents), which said merchandise is also described in an export entry of this
date, numbered-, and is to be exported in the (ship or other vessel, describing
the same), known as the (here insert the name of the vessel), whereof -
is at present master, now lying in the above-named port, and bound for the port
of- ; and whereas it is intended that the said merchandise shall be
exported as aforesaid, under and by virtue of the several regulations of the
island of Cuba relating to the exportation of imported goods, without the pay-
ment of duties thereon:
Now, therefore, the condition of this obligation is such that if the aforesaid
merchandise shall in good faith be actually exported and landed abroad ac-
cording to the true intent and meaning of these presents, and shall not, nor
any part thereof, be relanded at any port or place within the limits of Cuba,
and if the certificates and other proofs required by the law and regulations of
the island of Cuba, showing the delivery of the same at the said port of destination
or at any other port or place without the limits of Cuba, shall be produced and
deposited with the collector of customs for the time being at the said port of
withdrawal within- from the date hereof, then this obligation to be
void; otherwise to remain in full force and virtue.
-- -. (Seal.)
Sealed and delivered in the presence of:
ART. 215. The bond having been duly executed, a permit
shall be issued directing the storekeeper to deliver the goods to
the surveyor, which permit shall be as follows:
EXPORT DELIVERY PERMIT.
7T the storekeeper at- --
You will deliver to the surveyor of the port for exportation by---
to- (here describe the merchandise), imported into this district on
the----- by-- in the-, -, master, from --
AnT. 216. The withdrawal shall be transmitted to the
proper officer with directions to cause the merchandise described
therein to be laden for exportation indicating such as is to be
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weighed, measured, or gauged, which directions shall be as
PORT OF-- --
Custom-House, ----- 19-.
To the shipping officer:
You will examine the goods described in the accompanying withdrawal,
and, if found to agree exactly therewith, to superintend the lading thereof on
board the ----, for exportation to ---, of which, when completed,
you will make due return.
A special return of the weight, gauge, or measure of the
merchandise must, when required, be made to the collector.
The export bond will be cancelled upon the presentation of a
certificate of a collector of customs that the merchandise has been
duly landed at port of destination.
ART. 217. Foreign merchandise once imported and after-
wards exported is dutiable upon every subsequent importation
into Cuba, except as otherwise specially provided for.
ART. 218. Entries of merchandise covered by any 'one
invoice may be made simultaneously for both consumption and
warehouse. Where an intent to export the merchandise is shown
by the bill of lading and invoice, the whole or the part of an
invoice not less than one package may be entered for "warehouse
and immediate export." In this case the collector may designate
the vessel in which the merchandise is laden as constructively
"a warehouse," in order to facilitate the direct transfer of the
goods to the exporting vessel. The same procedure may apply to
goods entered for "warehouse and immediate transportation."
ART. 219. Any goods, wares, or merchandise in bond or
under general order which shall be withdrawn therefrom shall
be subject to the rates of duty in force at the time of such
ART. 220. All blanks or forms used in the entry or with-
drawal of goods in bond shall be furnished at the cost of the
Penal provisions and additional duties.
CLASSIFICATION OF PENAL ACTS AND CUSTOMS PROCEEDINGS,
ART. 221. Persons committing any of the offenses mention-
ed in the following articles shall be liable to the following penal-
ties named therefore:
*1. If any importer, owner or consignee, agent, or other
*President's order, Circular No. 31, Division of Customs and Insular Affairs,
August 24, 1899.
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person shall make or attempt to make any entry of imported mer-
chandise by means of any fraudulent or false invoice, affidavit,
letter, paper, or by means of any false statement, written or
verbal, or by means of any false or fraudulent practice or ap-
pliance whatsoever, or shall be guilty of any wilful act or omis-
sion by means whereof the Government of the island of Cuba
shall be deprived of the lawful duties, or any portion thereof,
accruing upon the merchandise, or any portion thereof, embraced
or referred to in such invoice, allidavit, letter, paper, or state-
ment, or affected by such act or omission, such merchandise, or
the value thereof to be recovered from the person making the
entry, shall be forfeited, which forfeiture shall only apply to the
whole of the merchandise or the value thereof in the case or pack-
age containing the particular article or articles of merchandise
to which such fraud or false paperor statement relates.
And such person shall, upon conviction, le fined for each
offense a sum not exceeding -.1.iiiii or be imprisoned for a time
not exceeding two years, or both, in the discretion of the court.
2. Every person who willfully conceals or destroys any
invoice, book, or paper relating to any merchandise liable to duty
which has been or may be imported into the island of Cuba from
any foreign port or country, after an inspection thereof has been
demanded by the collector of any collection district, or at any
time conceals or destroys any such invoice, book, or paper for
the purpose of suppressing any evidence of fraud therein con-
tained, shall be punished by a fine of not more than -:iilior by
imprisonment of not more than two years, or both.
3. That judges of the First Instance and Instruction shall
have, and hereby are given, jurisdiction and authority to take
cognizance of the offenses herein enumerated, and hear testimony
and make investigations as is now provided by law in other of-
fenses; and if they shall determine from the evidence presented
that there is probable cause to believe that the party accused is
guilty of the offenses charged against him they shall admit such
person to bail, or, in default of good and sullicient bail, commit
him to jail to await the action of the criminal court having
jurisdiction of the matter, as hereinafter provided.
Provided, That the offense shall have been committed in
any part of the province in which the judicial district of the
judge is located, or
That the accused shall have been apprehended in any part
of the province in which the judicial district of the judge is
located, although the offense may have been committed else-
That the accused shall have been apprehended out of the
island of Cuba and brought into the province in which tie judicial
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district of the judge is located without respect to where the of-
fense may have been committed.
4. The criminal courts ("Audiencias de lo Criminal") shall
have jurisdiction in all cases herein set forth when the offense
shall have been committed in the district in which the court
now has jurisdiction, by law of criminal jurisdiction, or without
reference to where the offense shall have been committed, if the
accused shall have been apprehended in said district, or if the ac-
cused shall have been brought into said district, provided he shall
have been apprehended out of the island of Cuba.
5. All laws and parts of laws heretofore and now existing
in the island of Cuba which are inconsistent with the provisions
of this article as to their application hereto are hereby declared
to be null and void.
ART. 222. If any merchandise e be found on board any ves-
sel which is not included in her manifest, produced as required
by these regulations, the captain shall forfeit an amount equal to
the value of such merchandise not manifested, and all such
merchandise belonging to or consigned to the ,11,l. ,-i or crew of
the vessel shall be forfeited. These forfeitures shall not be
incurred, however, if it shall be made to appear to the principal
customs officer of the port that the errors and omissions in the
manifest were made without intention of fraud or collusion.
In such case the master may be allowed to correct the manifest
by a post entry. Should any package or article named on the
manifest be missing on the arrival of the vessel, or if the ner-
chandise on board does not otherwise agree with the manifest
delivered by the master, except as above prescribed, the master
shall be liable to a penalty not to exceed $500, in the discretion
of the collector; but if it is made to appear to the satisfaction of
tie principal customs officer of the port that no part whatever
of the merchandise on such vessel has been unshipped, landed, or
unladen since it was taken on board, except as specified in the
manifest, and pursuant to permits, or that the disagreement is
by accident or mistake, in such case the penalty shall not be
ART. 223. No merchandise shall be brought into Cuba,
under penalty of forfeiture, from foreign ports in vessels of less
than thirty tons gross capacity.
ART. 224. Captains of vessels proceeding from foreign
ports are liable to the penalties prescribed in the following cases:
1. For failing to have tile manifest of the vessel or other
documents in order on entering a port, the captain shall be liable
to a fine of from -.7'1 to '.-'i'.
If the captain, on his arrival in port, fails to present said
manifest to the'boarding officer, he shall be liable to a fine of
from $100 to $500,
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2. If the manifest lacks any of the requisites set forth in
article 77, lie shall be liable to a fine of from $10 to $100.
3. For failing to present the required copies of the manifest
or other papers required, or in the failure of these to conform to
the originals, he shall be liable to a fine of from $10 to $50, and
he shall be obliged to produce the missing documents or rewrite
the incorrect ones, as the case may be.
4. For failure to present at the custom-houses of ports
entered the general manifest of goods in transit, lie will pay a
fine of from $10 to $50, and he slall be held responsible for the
presentation of the copy of the general manifest which the custom-
house of the port in transit shall request from the custom-house
of the port of origin.
5. For all differences, in excess of twenty-five per cent of
the actual weight, resulting in the gross weight of the packages
declared in the manifest, which shall serve as the basis for the
acssesment of duties,t the captain shall be liable to a fine of from
$10 to $50.
6. For changing anchorage in port without the permission
of the custom-house the captain shall pay a fine of $50.
7. For failure to present the log book and other papers on
request of the boarding inspector on board of the vessel, he slall
pay a fine of $50, and lie shall not be permitted to clear until he
has produced tlhe said documents.
8. For failure to present, immediately upon arrival at port,
the statement of passengers and the number of pieces of baggage
brought by each, lie shall be liable to a fine of from $10 to $100.
9. For all provisions anld supplies not contained in tlhe
note of provisions, lie shall pay double duties.
10. When the straps or seals placed on the hatches and
bulkheads of tile vessel are found raised or broken, except in cases
of accident, tile captain sliall pay a fine not to exceed ',."iL",
without )prejudice to his liability to such other penalties thus
incurred. (See article 111).)
11. If the straps or seals placed on the packages oin board
are found broken, the captain shall be liable to a. fine of from
$10 to $50 for each strap or seal so broken, and shall be subject
to such other penalties as may have been incurred.
12. For removing from the vessel without tile permission
of. tile iustom-lhouse any packages which are contained in the
manifest, he shall pay an amount equal to double the value of tile
13: For disembarking persons or discharging goods at
points different from those designated by the authorities, in the
event of a vessel being ordered into quarlantine, the captain shall
pay a fine of $100, in the case of passengers, or double tile value
of the goods in the case of merchandise.
14. For failing to state in the manifest the increased
tonnage of a vessel through being lengthened at a foreign port,
or for omitting to note in said document the repairs made
and the material employed in the same, the captain shall be
liable to pay double duties assessable on said repairs.
ART. 225. Penalties shall also be incurred in the following
cases and amounts:
1. When smaller boats engaged in the discharge of vessels
come alongside of vessels other than the one that they are
discharging, or delay in transit, or make landing at a point
different from that designated for the discharge, the captain of
such boat shall pay a fine of from $5 to $10, without prejudice
to the responsibility of said captain, or other persons, to such
penalties as may be incurred for other misdemeanors connected
with the above.
ART. 226. The consignees of merchandise shall be subject
to penalties or additional duties in the amounts and in the cases
1. Merchandise of prohibited importation, whether declared
as legal or not, shall be seized and confiscated.
2. If the appraised value of any merchandise shall exceed
the declared value thereof, there shall be collected, in addition
to the regular duties imposed by law on such merchandise, a
further sum equal to one per cent of the total appraised value for
each one per cent that such appraised value exceeds the declared
value; and if such appraised value shall exceed the declared value
by more than fifty per cent, except when arising from a manifest
clerical error, the entry shall be held to be presumptively
fraudulent, and the goods shall be seized and forfeited to the
3. If the declared weight of merchandise shall be exceeded
by the actual weight by a difference of from one to fifteen per
cent (both inclusive) of the total weight of the goods, additional
duties may be imposed, in the discretion of the collector of
customs, they not to exceed one per cent of the total duties on
the merchandise for each one per cent of difference between the
declared and actual weights. Such additional duties will not be
imposed by the collector of customs in cases wherein lie is satisfied
that the difference occurred in good faith.
\When this difference exceeds fifty per cent of the total
weight of the merchandise, but does not exceed fifty per cent of
said total weight, one per cent additional duties sliall be imposed
for each one per cent of difference between the declared and actual
When this difference exceeds fifty per cent of the total weight
of the merchandise, the declaration shall be held to be presump-
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tively fraudulent, and the merchandise shall be seized and forfeited
to the Government.
4. In all cases of additional duties, mandatory or discre-
tionary, actually imposed, there shall be no remission thereof
except with the written approval of the chief of the customs
service at Havana, to whon an appeal in writing can be made,
whose decision in the matter shall be final.
5. Firearms, gunpowder, cartridges, dynamite, and all
classes of explosives and munitions of war found maliciously
concealed on board of any vessel, or not contained in the manifest,
shall be seized, and the captain shall be liable to a fine not
exceeding two thousand dollars.
(i. For failure to pay the amount of the liquidated duties
within three working days after public note of its liquidation has
been given in the custom-house, the consignee will pay five per
cent surtax on thie amount constituting the debit.
This penalty is independent of the amount to be imposed
according to article 115 of these regulations, for storage dues for
the period of time the merchandise has remained in the custom-
house after the prescribed number of days from the date of
ART. 227. Merchandise brought by passengers shall be liable
to seizure when the same is found concealed on their persons, or
otherwise, with evident intent to defraud the customs.
ART. 228. Those persons exporting national products by sea
shall be liable to penalties in the following amounts and cases:
1. For embarkation at ports of entry of any merchandise
without the permission of the custom-house, they shall pay from
one to ten dollars fine, in the judgment of the collector of
customs; and if the shipment has been made at a port which is
not a port of entry, they shall pay a fine of from fifty to one
hundred dollars, and the vessel shall be obliged to provide itself
with the necessary documents for the cargo on board, at the
2. When captains of vessels put to sea without having first
complied with all the requisites and formalities established in
these regulations they shall be liable to a fine of fifty dollars,
which shall be levied upon their consignees, who are held
subsidiarily responsible for the fines and duties payable by
ART. 229. In entrances and clearances in the coasting trade
between ports of Cuba the following penalties shall be incurred in
the amounts and cases hereinafter expressed:
1. For shipping any merchandise coastwise, without a
permit from the custom-house or other qualified authority, the
shipper shall be liable to a fine equal to the value of the mer-
2. When foreign merchandise is found on board of a vessel,
without the necessary documents corresponding thereto, the
captain shall be liable to pay double the amount of the duties
for which they are liable in each case.
3. When foreign merchandise is found on board of a vessel
without the necessary documents corresponding thereto, if the
same be free of duty, the captain shall be liable to a fine of from
$5 to $50.
4. For failing to give notice of the arrival of his vessel,
although in ballast, to the collector at the port of entry the
captain shall be liable to a fine of from $5 to $50.
The captain or consignee, as the case may be, shall be
liable to the same penalty without prejudice to their liability to
such other penalties as may be applicable under these regulations
for the mere act of unloading merchandise of any kind at a port
which is not an authorized port of entry.
ART. 230. In the transshipment of merchandise the parties
engaged therein shall be liable to penalties in the following
amounts and cases:
1. For transferring dutiable merchandise from one vessel
to another without the permission of the customs officials the
captain shall pay double the amount of the duties corresponding
thereto under the tariff.
2. For the same offence, in the case of national merchandise
free of duty and any other charge, both the captain delivering
and receiving the same shall be liable to a fine of from $10 to $50
in the discretion of the collector of customs.
3. For differences in packages or in merchandise in bulk
which are found not manifested during the operation of trans-
shipment, see article 156.
4. When smaller boats engaged in carrying merchandise in
packages or in bulk to be transshippled lay alongside of a vessel
or place other than that to which the said merchandise is destined,
see article 150.
ART. 231. The consignees of merchandise to be deposited
in bonded warehouse who fail to present the corresponding
declarations within the prescribed period of time must enter the
same for immediate consumption.
ART. 232. Any person or persons not employes of the Cuban
customs service who shall wear the uniform of that service shall
be liable to a penalty of $100 upon conviction by a correctional
ART. 233.' No fine or penalty prescribed in these regulations
shall be considered to exempt the parties so fined from such
other legal proceedings as are provided for in these regulations.
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UNITED STATES ARMY-TRANSPORT SERVICE.
ART. 234. All transports arriving from the United States
at any of the ports of the island of Cuba shall comply with the
following rules and regulations in regard to their passengers and
First. The personal baggage of all enlisted men and officers
of the United N.I.1.-. Army, containing articles solely for the use
of themselves or their families in reasonable quantities, to be
determined by the collector, shall be admitted free of duty.
The personal 1.'--._.._- of all civilians carried as passengers
upon United States transports shall be subject to the rules and
regulations governing passengers landing from foreign countries.
Second. It shall be the duty of the quartermaster in charge
of any United States transport to present to the custom-house at
the port of entry a manifest in duplicate containing, specified
separately, first, all merchandise on board of said transport which
is public property of the United States; second, merchandise for
charitable purposes; third, all property of civilian i 1'- Il\'" of the
Government; fourth, all property of officers and .enlisted men
serving in Cuba; fifth ,all property of private individuals.
Third. It is further the duty of the quartermaster to 'issue
to each of the above-named parties a bill of lading covering all
Fourth. Upon arrival of the transport at any port in Cuba
from a foreign country it shall be the duty of the quartermaster
in charge of said transport to deliver to the collector of customs
such manifest, duly certified by himself to be correct, which
manifest, if merchandise on board be consigned to several ports of
tile island, shall be returned to the quartermaster containing the
certification that all goods belonging to that port have been
unladled in conformity, and the quartermaster shall deliver the
manifest to the collector of customs at any subsequent port for
which the transport carries freight from the United States.
ART. 235. Importers who are dissatisfied with the valuation
or classification of merchandise as fixed by the collector of the
port shall pay the duties imposed, but may file before or at the
time of payment, and not later, a written protest and appeal,
stating briefly the value or classification which it is claimed should
have been established.
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ART. 236. The board of appeals, Cuban customs service,
appointed by the collector of customs for Cuba, and consisting
of not more than five nor less than three members, shall consider
such protests against the classification of merchandise and as-
sessment of duty as may be forwarded to it by the chief of the
customs service. A majority of the board shall constitute a
quorum for the transaction of business. Protests shall be pre-
pared and submitted in accordance with the rules hereinafter
ART. 237. The board shall give opportunity to each
protestant to present evidence in support of their claims, and
shall direct the production before it of such other evidence as
may be deemed relevant to the case.
AuT. 238. The board shall keep a full record of its pro-
ceedings, and shall submit in writing its findings in the case of
each protest to the chief of the customs service for action by
him. All protests must state in detail the nature of the claim
and the paragraph of the tariff under which classification is
claimed. Irrelevant and prolix protests or protests that fail to
point out distinctly and specifically the precise objection of the
person protesting in respect to each entry or paragraph of an
entry, his reasons therefore, and protests which do not cite
paragraphs of the tariff, will not be entertained, nor will any
protest be entertained on excessive sea stores.
ART. 239. The parties making protests are therefore parti-
cularly cautioned that they must present to the board of appeals
all documents upon which they rely for the support of their
claims. All opinions of the board of appeals should be governed
by the vote of a majority of the members of the board.
Awi. 240. Whenever a case before the board of appeals has
been heard, a vote thereon shall be taken, which shall be final
and conclusive, unless before the end of the session a. majority of
the board shall vote to reconsider the same.
AnT. 241. The following shall be the regulations for the
preparation and presentation of all protests:
All protests shall be addressed to the collector, containing
name of vessel, number of entry, number of carta de pago,
number of the manifest, number of the liquidation, name of the
appraiser making the appraisal, and the address of the protestant.
All protests must be accompanied by samples whenever
possible, which samples shall be identified by the signature of
the appraiser, the number of the entry, and the name of the
Protests must be written in English or Spanish, and must be
perfectly legible; without which necessary requisite they will not
- 81 -
The decision of the protest will be communicated to the
protestant in writing, and all information in relation thereto will
be furnished and received by the secretary of the board of appeals.
In conformity with the provisions of these regulations, no
protest against the assessment of duties shall be received unless
presented in writing by the importer before or at the time of the
payment of duties.
All protests that have been acted upon by the board of ap-
peals will, together with the action of the collector of customs for
Cuba, be forwarded to the military governor for final decision.
ART. 242. Protests against the decisions of collectors of
supports shall be prepared as above directed and transmitted by
such collectors to the collector of customs for Cuba.
ART. 243. The duties of the revenue-cutter service shall
be the protection of the customs revenue, the assistance of vessels
in distress, the enforcement of the neutrality laws, of laws pertain-
ing to quarantine, of the laws governing merchant vessels, the
protection of merchant vessels from piratical attacks, the pro-
tection of wrecked property, and such service as may be special-
ly directed by the collector of customs for Cuba.
The cruising ground of revenue vessels shall be designated
from time to time by the collector of customs for Cuba.
A RT. 244. It shall be the duty of officers of revenue ves-
sels, whenever possible, to board vessels arriving within the
waters of the island of Cuba or within four leagues of the coast
thereof if bound for Cuba, to search and examine the same, to
demand, receive, and certify the manifests required of them by
law, to seal the hatches and other communications with the cargo,
and, where necessary, to place an officer on board to remain until
arrival at the port of destination.
ART. 245. Particular watchfulness shall be observed with
respect to vessels destined for ports above the entrances of rivers
or other waterways whose stores may afford opportunities for
ART, 246. Officers of revenue vessels shall arrest persons
found violating the laws by breaking bulk or landing any part of
the cargo of a vessel not in distress or under unavoidable neces-
sity, before a custom-house permit has been obtained.
ART. 247. The coast line of the island of Cuba shall be
divided into fourteen customs districts, as follows:
Habana.-From junction of Habana and Matanzas provinces,
on north coast, westward around Cape Antonio to junction
Matanzas, Santa Clara, and Habana provinces, on the south coast.
Subport of Bataban6 and Nueva Gerona, on the Isle of
Pines, included herein.
Matanzas.--From junction of Iabana andMatanzas provinces,
on north coast, to Cabo Hicacos.
Cdrdenas.-From Cabo Hicacos to junction of Matanzas
and Santa Clara provinces, on north coast.
Sagua.-From junction of Matanzas and Santa Clara prov-
inces, on north coast, to Rio Sagua la Chica.
Caibaridn.-From Rio Sagua la Chica to junction of Santa
Clara and Puerto Principe provinces, on north coast.
Nuevitas.-From junction of Santa Clara and Puerto Principe
provinces, on north coast, to junction of Puerto Principe and
Santiago provinces, on north coast.
Gibara.-From junction of Puerto Principe and Santiago
provinces, on north coast, to Cabonico y Lebisa.
Baracoa.-From Cabonico y Lebisa to Punta Maisi.
Guantdnamo.-From Punta Maisi to Rio Baconao.
Santiago.-From Rio Baconao to Cabo Cruz.
Manzanillo.-From Cabo Cruz to junction of Puerto Principe
and Santa Clara provinces, on south coast.
Santa Cruz.-From junction of Santiago and Puerto Principe
provinces, on south coast, to junction of Puerto Principe and
Santa Clara provinces, on south coast.
Tunas de Zaza.-From junction of Puerto Principe and Santa
Clara provinces, on the south coast, to Rio Agabama.
Trinidad.-From Rio Agabama to Rio San Juan.
Cienfuegos.-From Rio San Juan to junction of Santa Clara,
Matanzas, and Habana provinces, on south coast.
Subports of entry may be established by order of the mili-
tary governor of Cuba,
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Abandoned goods, proceeds of, not to be returned to
ow ner .................................... .................. 109, 110
wreck, merchandise of, who is owner ......... 161
Abandonment, implied, described............................... 157
must be so declared in writing by collec-
tor of customs............................... 158
of merchandise exempts from payment of
duties... ....................................... 110, 157
Abatement of duty on dead animals......................... 174
Accidents at sea to be reported by captain to surveyor...... 81
to goods, how invoices are affected thereby...... 103
Accounts must be submitted to proper inspection. ......... 13
principal customs officers required to keep...... 13
public property to be accounted for as prescribed.
by military governor ........ .......................... 14
of bonded warehouses to be examined............. 192
of money Secretary of War may require........ 14
to be rendered in proper form....................... 14
Accurate returns to be made by appraiser ..................... 131
Acting collector of customs...................................... 3
Correspondence of, how transmitted ........ ........ 5
To render reports.... ........... ..................... 5
Who may be appointed..... ........................... 3
A additional duties.................. .......................... ....... 224
assessed against consignees, when......... 226
Additions to manifest null and void........................... 77
Addressee of letters containing merchandise required to
appear at post-office................................................ 141
Admeasurement of vessels for registry to be performed by
Advertisement of sale, how paid for.......................... 110
Ad valorem duties, how calculated........................... 100
market value of goods, basis of......... 100
merchandise subject to................... 100
wholesale price, basis of................ 100
to include value of container.......... 100
Affidavit, false penalty for....................................... 221
Agents of consignees ................................ .............. 93, 97
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Agents of marine insurance companies, when considered
consignees ...................................... 94
vessels, when allowed to board...................... 65
Alcoholic liquors for post exchanges not free................ 69
Allowances for damage and short shipments not allowed... 172
Alterations in bonded warehouse, provisions for........... 190
require new bonds...... 190
Altered receipts must be investigated........................... 44
Amended returns of weights must be checked or signed by
weigher ........... 58
approved by surveyor 58
original figures not to be
erased. ......................... 58
American consignments renounced, procedure for........... 113
flag, what vessels may fly............................. 179
Ammunition not to be carried on vessels engaged in coast-
ing trade................... ................ ............. .......... 179
Amount of bonds of employees to be determined by
collector .................... .... .......... ........ 62
duty on baggage that may be remitted........ 72
Anchorage, place of, to be indicated by port authorities.... 80
Anchoring place, procedure on entering........................ 78
Animals imported, claim for damages to...................... 174
Appeals provided for...................... ....................... 17
Application for establishment of bonded warehouse......... 188
permit for transfer of merchandise........ 156
vessels to engage in export trade............ 147
to enter goods without invoice.................. 104
collector of customs to export for repairs.. 73
Appraisal of merchandise, expenses of, how to be paid...... 110
goods admitted free are to be
how made where there is no
appraiser. ........................ 137
letters, accounts, and invoice
must be produced.............. 137
oaths may be administered for. 137
order for, to be issued.......... 131
samples must be submitted to
collector ....... ............ ... 134
when to be made................. 112
where to be performed....... 73, 135
who may be present at........... 73
Appraisers, division of appraisers............................ 129, 130
information to be furnished by, to collectors.. 133
may demand the production of documents..... 137
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Appraisers, may examine importers under oath............ 137
must apply paragraphs, rules, etc., of tariff.... 131
closely inspect all articles................ 134
observe rules of collector of customs for
Cuba ........................................ 131
report to collector of customs............. 133
verify prices on entry with market
value ........................................ 132
the representative of collector of customs...... 129
responsible to collector for correct appraisal.... 131
to describe merchandise, how................... 132
report in writing to collector.............. 132, 133
supervise appraisal of all merchandise...... 130
under control and direction of collectors..... 129, 132
Appraiser's store to received samples of cargoes in bulk... 40
warehouses, persons excluded from ........... 73
Approval of surveyor required on amended return of
weights .......................... ........... . ........... 58
Arms not to be carried on coasting vessels................... 179
Arrests may be made by masters of light-house tenders... 34
Arrests of persons violating the law........................ 246
Articles known as oleomargarine................................ 71
purchased by Departments of Government du-
tiable ........................................ ... 70
which may be exported for repairs.................. 73
Artificial butter to be branded as oleomargarine ........... 71
Assistant weighers to be assigned to duty by weigher...... 53
Attacks by pirates, how guarded against ........ ............. 243
Auction sale of goods not duly entered........ ............. 107, 109
Audiencia de lo criminal, jurisdiction of.................... 221
Authority for withdrawal of bonded goods.................... 208
Authority of customs agents, how secured................ 93
Authorization of consignee's clerks necessary.............. 93
to open all packages.............................. 67
concealed spaces...................... 67
destroy false bottom............................. 67
bulkheads .... ......................... 67
Average weight of steel rails, how to be secured............. 59
Baggage, duty on, not to exceed $ 1 may be remitted. ..... 72
examination to be made in presence of owner... 138
landed before persons are permitted to board
vessels ............ ...... ...... ............. 5
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Baggage, list of, to be produced................................. 80
of officers and enlisted men admitted free....... 234
of passengers, how landed........................... 122
owner of to be examined............................ 138
permits to be entered in discharging book........ 51
unclaimed, how disposed of....................... 138
when examined....................................... 138
when passengers are to be searched................ 138
when sent to warehouse............................... 138
Ballast must not be taken on board while vessel is
unloading................................... ............. ...... 45
Banker, when considered as consignee......................... 94
Basis for computing periods granted for customs ope-
rations ..................................... ...... .. .. 83
of classifications made by appraisers.................... 134
Barges, general bond for......................................... 199
Beam of scales, how to be poised .............................. 57
to be kept clean.................................. 57
to be tested frequently......................... 57
Bills of lading made to order to be stated in manifest...... 87
may be transferred by indorsement.......... 94
necessary for all transport shipments....... 234
to accompany entries............................ 98
to be indorsed to importer.....................: 98
Blank dock book for weighers................................... 55
how to be kept................................ 55
spaces in manifests tobe "lined"....................... 77
Blanks used at the expenses of the interested party. ....... 220
Boats not allowed to go alongside vessels in port........... 65
Boarding inspectors, duties of................................... 31
must ascertain name of vessel and
m aster ........................... 31
board all vessels coming from
foreign ports...... .............. 31
certify the manifest of cargo... 31
examine documents relating to
vessel and crew.. ............. 31
have charge of vessel until per-
mit for unlanding is granted
and a discharging officer is
assigned to vessel........... 31
learn name of port of departure
of vessels boarded............. 31
seal hatches and openings when
necessary ......................... 31
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Roarding inspectors, must verify manifest of cargo by
actual exam ination........:.......... ......................... 31
Board of Appeals, action to be forwarded to collector of
customs for Cuba........................ 242
appointed by collector of customs...... 236
Board of Appeal, decisions reached by majority vote...... 239
how appointed ................................ 236
majority of, constitutes a quorum...... 236
to consider protests.......................... 236
hear evidence of protest.............. 237
keep full record of proceedings...... 238
submit findings to chief of customs
service .................................. .. 238
vote of, to reconsider decisions .......... 240
Bond, amount of to be determined by collector............. 62
class of surety for........... ...... ...................... 62
for establishment of warehouse....................... 188
form of, to be prescribed by collector ................ 62
must be good and valid................................... 61
necessary for night discharge of vessels.............. 118
new, when required........................................ 189
object of................ .................... 61
of customs employees................................... 61
agents ............................................ 93
to be registered.......................................... 93
required for export of bonded goods.................... 214
to be executed before collector......................... 188
given by owner of vessel engaged in coasting
trade ................................................. 179
for production of invoice................. 104
who are to furnish......................................... 61
Bonded goods, how tranferred................................... 202
liable for duties in force at time of with-
drawal ........................................... 219
must be warehoused by shipping marks... 195
must be numbered consecutively........... 195
period allowed for storage of ................ 193
merchandise to be noted on manifest .............. 123
privilege not to be abused........................... 123
stores to be guarded by night inspectors ............ 35
warehouses, classes of.................................. 184
may be discontinued, when........... 192
under customs locks........ ....... 186
Book of weights to be filed within six days after discharge
of vessel.................... .. ... ...... ... ............ .... 56
Books to be kept by district inspectors.........,...... .... 25
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Books of bonded warehouses to be examined.................. 192
Broken seals, .penalties for ......................................... 224
to be reported to collector of customs....... 119
Building, part of, may be bonded............................... 186
Bulk cargoes, how treated......................................... 40
Bulkheads of vessels may be destroyed......................... 67
Bulky articles may be stored in warehouses of class 3...... 187
Bulletin board of custom-house................................ .89
purpose and object of........................... 89
Butterine to be branded as oleomargarine.................. 71
Cancellation of export bond....................................... 216
Capacity of vessels in which importations may be made... 111
Captains entering port through stress of weather shall
present copies of manifest............... ........ 77
must keep record of payments of foreign tonnage
dues ......... ........................... ......... 180
Captains, name to be given in manifest....................... 77
of steamships to make oath of truth of manifest 117
to notify collector when ready to sail............. 153
Cargo and manifest must agree.......................... 76
for immediate delivery, where landed ................ 115
in bulk, how entered in manifest........................ 77
how treated ...................................... 40
lost at sea to be reported to surveyo................. 81
manifest of, sworn to by maste........................ 75
must not be taken on board while vessel is dis-
charging ......... ............................... ............. 45
of coastwise vessels, when considered foreign........ 166
contraband vessel to be sent to custom-house..... 128
each vessel, weight of, separate book for each... 56
transport ................................................ 234
vessels engaged in coasting trade may be exa-
m ined ...................... .......... .. ............... 179
to be accounted for before clearance is granted...... 90
checked out by marks and numbers............ 50
discharged at different ports...................... 84
examined by boarding inspectors.............. 31
landed under supervision of inspectors........ 115
transferred to be accounted for by coast inspector. 33
removed at night, how done ,........................... 35
when it may be reloaded,..........,,,,.................. 159
Carriage of merchandise by custom-house to be charged
against sam e...........,..,.,,.. ... ........ ,, ... .... .... ,,,,,. 67
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Cartmen transporting dutiable goods must produce license 43
Carts, general bond for.................. ....................... 199
Casks of wine in bond may be refilled......................... 206
SCasualties to vessels to be reported......... ...................... 163
Cashiers of customs-houses to record payment of foreign
tonnage dues............................... ................ 180
SCattle may be landed without delay........................... 121
Causes of entrance through stress of weather must be
stated .................... ...... ...... .. ........... .. ....... 159
Certificates for delivery of goods...................... ......... 50
lading .................. ......................... 216
unlading vessels............................... 159
\ of clearance ................................. 153, 168, 179
collectors of payment of tonnage dues...... 181
consuls ............. ......................... 75, 99
deposit of ship's papers....................... 75
draymen ..................................... 43
health of cattle................................ 121
lighter en ................................ ..... 43
payment of foreign tonnage dues............. 180
seizure ........................................... 128
shipments "in part" ......................: 28
of merchandise....... .......... 27
surveyor of the port of necessity for
unloading ...................................... 159
weighers and gaugers......... ............... 27
weights ........................................ 60, 120
withdrawal for export.......................... 214
value of coin..... ................................ 99
Changing anchorage, penalty for ......................... ...... 224
Character of merchandise to be given in manifest.......... 77
Charges due on unclaimed goods, how to be paid.......... 110
to be paid from sale of warehoused goods......... 110
Charity, shipments devoted to, must be manifested......... 234
Chief inspector to assign night force to duty................. 37
see that orders of surveyor are obeyed.. 37
make daily reports.......................... 37
supervise night inspectors... .............. 37
of customs service...................................... 2
authority of, how conferred....... 2
duties of............................... 2
must be an officer of the Army... 2
title of.............................. ... 2
under orders of military governor 2
Chiefs of departments to give receipts for declarations..... 112
Chronometers may be landed for repairs under bond........ 122
- 90 -
Cigars brought by passengers may be entered free........... 122
Circular N? 31, Division of Insular Affairs................. 71, 221
Circumstances calling for surrender of coasting permit..... 178
of entrance through stress of weather must
b, stated.. .............................. ...... 159
Citations for captains, how served........... .................... 88
Citizens and police to aid night inspectors.................... 36
Civilian passengers on transports, regulations for............ 234
Claims for damages not allowed for injury caused in
searching vessels ..................... ............................ 67
Classes of bonded warehouses................................... 184
Classification of merchandise to be decided by customs
inspector of Havana.............................. ......... 17
Clearance certificate to be presented to consul.............. 75
issued by collector .............. 75
of vessels, when permitted......................... 90
not permitted till cargo has been
discharged ............................. 90
papers to be produced by masters .............. 75
permits for coastwise vessels....................... 168
Clerical errors may be corrected................................ 136
Clerks of consignees........................................... 93
Coal may be stored in warehouses of class three............ 187
must not be taken on board while vessel is dis-
charging .............................................. ............ 45
on vessel to be entered in report of discharging
inspector .......... ....... .. ....... ................ .. .. 51
Coasting permits must be approved by military governor. 177
when renewed................ .............. 178
trade of Cuba, what vessels may engage in...... 177
vessels to be examined and record made thereof. 25
Coast inspectors ........................ ......................... 32
must keep account of cargo transferred... 33
make two manifests of transferred
cargo............... .............. ...... 33
proceed to location of wrecked or
stranded vessel ......................... 32
protect interests of the revenue...... 32
purpose of appointment...................... 32
to guard wreck or stranded vessels......... 32
oversee all merchandise landed.......... 32
report facts of wreck to surveyor....... 32
when to take charge of goods landed from
wrecked vessels................... .............. 32
surveillance........ ............ ..... .............. 64
when it bi-gins ............................... 64
- 91 -
Coast surveillance when it terminates.................................. 64
where exercised ............................. 64
Coastwise trade described .............. .......................... 166
what vessels may engage in.................. 166
Coastwise vessels can not touch at foreign ports.............. 166
clearance of ................................... 168
Coins of the United States to be received for duties......... 99
Collection district, on entering, manifest to be produced. 79
Collector of customs. all doubtful questions to be referred
to collector of chief port.......... 15
directed to perform certain duties
formerly belonging to United
States consuls..................... 15
civil officials may be appointed to
act temporarily as acting col-
lectors ................................. 3
correspondence of, how transmitted 5
holds possession of all merchandise
until duties are paid............... 18
is the chief officer of the. customs
district .................................. 1S
latches of subordinates, not liable for 19
may annul authority of clerks ..... 93
appoint deputy collectors...... 21
extend period of 90 days for
entry of merchandise........... 107
issue permission to engage in
coastwise trade........... 167, 177
remit duties not to exceed $1. 72
must certify or order certification
of balances after due examination. 15
declare merchandise aband-
oned in writing ................ 158
indorse their views on all do-
cunment submitted for that
purpose ................ 15
require all subordinates to
comply with customs laws,
regulations and all orders. 15
see that register of col-
lections is correct.... 15
not liable for losses occasioned
by their official acts................. 19
officers of the Army to act as........ 3
renunciation of consignmentaddress-
ed to..................................... 94