Delegation to the Commissioner of Customs of general authority over functions in the Bureau of Customs

TREASURY DEPARTMENT

WASHINGTON, D. C., December 15, 1952
 

By virtue of the authority vested in me by section 3 of the Act of March 3, 1927 (5 U.S.C. 281b), and Reorganization Plan No. 26 of 1950 (15 F.R. 4935), it is hereby ordered:

1. There are hereby transferred to the Commissioner of Customs the functions of all officers, employees, and agencies of the Bureau of Customs and, subject to the exceptions hereinafter specified, all the rights, privileges, powers, and duties vested in the Secretary of the Treasury by the Tariff Act of 1930, as amended, by the navigation laws administered by the Bureau of Customs, or by any other law to the extent that it is administered by the Bureau of Customs.

    (a)    Regulations shall be prescribed by the Commissioner of Customs, with the approval of the Secretary of the Treasury, except that regulations and instructions, not inconsistent with the general rules and regulations of the Treasury Department, which are effective only against persons in their capacity as officers, agents, or employees of the Customs Service and which do not prescribe procedures which the public should know or follow in dealing with the Customs Services, may be prescribed by the Commissioner of Customs without the approval of the Secretary of the Treasury.

    (b)    Requirements of regulations which may be waived in accordance with law may be waived by the Commissioner of Customs.

    (c)    Findings of dumping under section 201(a), Anti-dumping Act, 1921, and the ascertainment, determinations or estimation, and declaration of bounties or grants under section 303, Tariff Act of 1930, shall be made by the Commissioner of Customs with the approval of the Secretary of the Treasury, except that, when the Commissioner, with the approval of the Secretary, has determined and declared a rule for calculating or estimating the net amount of any such bounty or grant, any customs officer authorized by the Commissioner of Customs may ascertain and determine, or estimate, the net amount of the bounty or grant paid or bestowed in respect of each particular lot of imported merchandise.

    (d)    Findings under section 307, Tariff Act of 1930, whether any class of goods, wares, articles, or merchandise is mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions, and findings whether such goods, wares, articles, or merchandise so mined, produced, or manufactured are mined, produced, or manufactured in such quantities in the United States as to meet the consumptive demands of the United States, shall be made by the Commissioner of Custom with the approval of the Secretary of the Treasury.

    (e)    Any authority which may be vested in the Secretary of the Treasury by a proclamation of the President made pursuant to section 318, Tariff Act of 1930, shall be exercised by the Secretary of the Treasury.

    (f)    Any order under section 511, Tariff Act of 1930, prohibiting the importation of merchandise or instructing a collector to withhold delivery of merchandise shall be made by the Commissioner of Customs with the approval of the Secretary of the Treasury.

    (g)    No claim, fine or penalty (including forfeiture) in excess of $20,000 shall be compromised, mitigated, or remitted without the approval of the Secretary of the Treasury.

    (h)    An award of compensation to an informer under section 619, Tariff Act of 1930, shall be made by the Commissioner of Customs only with the approval of the Secretary of the Treasury when claimed in connection with any decision which has been acted upon or approved by the Secretary of the Treasury.

    (i)    The authority conferred by the President upon the Secretary of the Treasury by Executive Order 10289 (16 F. R. 9499) with respect to the organization of the Customs Service and to laws administered by the Bureau of Customs shall be exercised by the Secretary of the Treasury.

2. All functions, rights, privileges, powers, and duties transferred by this order may be delegated by the Commissioner of Customs to subordinates in the Bureau of Customs in such manor as he shall from time to time direct.

3. This order supersedes T. D. 52121 and all other orders and instructions heretofore issued to the extent that such orders or instructions are inconsistent herewith.

TREASURY DEPARTMENT ORDER NO. 165, REVISED

Delegation to the Commissioner of Customs of general authority functions in the Bureau of Customs

TREASURY DEPARTMENT

WASHINGTON, D. C. NOV. 2, 1954
 

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1953 (3 CFR, 1950 Supp, Ch.III), it in hereby ordered:

1.    There are hereby transferred to the Commissioner of Customs the functions of all officers., employees, and agencies of the Bureau of Customs and, subject to the exceptions hereinafter specified, all the rights, privileges, powers, and duties, vested in the Secretary at the Treasury by the Tariff Act of 1930, an amended, by the navigation laws administered by the Bureau of Customs or by any other law to the extent that it is administered by the Bureau of Customs.

    (a)    Regulations shall be proscribed by the Commissioner of Customs, with the approval of the Secretary of the Treasury except that regulations and instructions, not inconsistent with the general rules and regulations of the Treasury Department, which are effective only against persons in their capacity as officers, agents, or employees of the Customs Service, and which do not prescribe procedures which the public should know or follow in dealing with the Customs Service, may be prescribed by the Commissioner of Customs without the approval of the Secretary of the Treasury.

    (b)    Requirements of regulations which may be waived in accordance with law may be waived by the Commissioner of Customs.

    (c)    Determinations under section 201(a), Antidumping Acts, 1921, as amended, that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value shall be made, and advice to the United States Tariff Commission of each such determination shall be given, by the Secretary of the Treasury.

    (d)    The ascertainment, determination, or estimation, and declaration of bounties or grants under section 303, Tariff Act of 1930, shall be made by the Commissioner of Customs with the approval of the Secretary of the Treasury, except that, when the Commissioner, with the approval of the Secretary, has determined and declared a rule for calculating or estimating the net amount of any such bounty or grant, any customs officer authorized by the Commissioner of Customs may ascertain and determine, or estimate, the net amount of the bounty or grant paid or bestowed in respect of each particular lot of imported merchandise.

    (e)    Findings under section 307, Tariff Act of 1930, whether any class of goods, wares, articles, or merchandise is mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions, and findings whether such goods, wares, articles, or merchandise so mined, produced, or manufactured are mined, produced, or manufactured in such quantities in the United States as to meet the consumptive demands of the United States, shall be made by the Commissioner of Customs with the approval of the Secretary of the Treasury.

    (f)    Any authority which may be vested in the Secretary of the Treasury by a proclamation of the President made pursuant to section 318, Tariff Act of 1930, shall be exercised by the Secretary of the Treasury.

    (g)    Any order under section 511, Tariff Act of 1930., prohibiting the importation of merchandise or instructing a collector to withhold delivery of merchandise shall be made by the Commissioner of Customs with the approval of the Secretary of the Treasury.

    (h)    No claim, fine, or penalty (including forfeiture) in excess of $20,000 shall be compromised., mitigated., or remitted without the approval of the Secretary of the .Treasury.

    (i)    An award of compensation to an informer under section 619, Tariff Act of 1930, shall be made by the Commissioner of Customs only with the approval of the Secretary of the Treasury when claimed in connection with any decision which has been acted upon or approved the Secretary of the Treasury.

    (j)    The authority conferred by the President upon the Secretary of the Treasury by Executive Order 10289 (3 CFR, 1951 Supp., Ch. II) with respect to the organization of the Customs Service and to laws administered by the Bureau of Customs shall be exercised by the Secretary of the Treasury.

2. All functions, rights, privileges, powers, and duties transferred by this order may be delegated by the Commissioner of Custom to subordinates in the Bureau of Customs in such manner as he shall from time to time direct.

3. This order revises Treasury Department Order No. 165, as issued on December 15, 1952 (T. D. 53160), and supersedes Treasury Department Order No. 165-1 (T.D. 53332), and all other orders and instructions heretofore issued to the extent that such orders or instructions are inconsistent herewith. The purposes of this order are to eliminate from the citation of authority for the delegation section 3 of the Act of March 3. 1927 (5 U.S.C. 281b), which was repealed in pertinent part by section 10 of the Act of September 3, 1954, 68 Stat. 1229; to reissue the delegation so that it will cover all pertinent laws in effect on the date hereof; and to eliminate the requirement that findings of dumping under section 201(a), Antidumping Act, 1921, be approved by the Secretary and substitute therefor the above reservation to the Secretary of determinations of sales or likelihood of sales of merchandise at less than its fair value and the giving of advice of such determinations to the United States Tariff Commission. Delegations of authority heretofore issued by the Commissioner or Acting Commissioner of Customs pursuant to the Treasury Department Orders revised or superseded by this order are not affected hereby.
 

Treasury Department Order No. 165, Revised - Amendment 2

Delegation to the Commissioner of Custom of authority to take final action in certain penalty and liquidated damage cases.

TREASURY DEPARTMENT

Washington, D. C., October 29, 1956
 

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950 (3 CFR, 1950 SUPP. Ch III), it is hereby ordered that subparagraph (h) of Treasury Department Order No. 165, Revised, issued on November 2, 1954 (T. D. 53654; 19 F. R. 7241), as amended December 5, 1955 (T. D. 53966; 20 F. R. 9320), is further amended to read as follows:

    (h)    No decision with respect to any claim (including claim for liquidated damages), fine, or penalty (including forfeiture) in excess of $20,000 shall be made without the approval of the Secretary of the Treasury, except that such approval shall not be required with respect to any claim (including claim for liquidated damages), fine, or penalty (including forfeiture) incurred or arising under:

        (1)    Section 3114, Revised Statutes, as amended (19 U.S.C. 257), for failure to report, make entry, and pay duties on certain equipments and repairs for certain vessels;

        (2)    Section 432, Tariff Act of 1930 (19 U.S.C. 1432), for omitting from the vessel manifest any articles to be retained on board as sea stores, ship's stores, or bunker coal or bunker oil, or for landing any such articles without the required permit;

        (3)    Section 453, Tariff Act of 1930 (19 U.S.C. 1453), for lading or unlading merchandise or baggage valued at $500 or more without obtaining the required license or permit;

        (4)    Section 460, Tariff Act of 1930, as amended (19 U.S.C. 1460), for failure to report or to file a manifest as required by section 459, Tariff Act of 1930, as amended (19 U.S.C. 1459) in the following cases:

                (i)    Violations due to ignorance of the reporting requirements or to inadvertence and either no merchandise, or only typical personal or souvenir merchandise which would have been free of duty, if entered, is carried on the vessel or vehicle, or

                (ii)    Where the violation is the first offense, although not due to ignorance or inadvertence and no intended commercial use or threat to revenue is involved;

    (5)    Section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), for having on board, or unlading from, a vessel or vehicle, any merchandise which is not included or described in the manifest or does not agree therewith;

    (6)    Section 8 or 204(b), Anti-Smuggling Act, approved August 5, 1935 (19 U.S.C. 1708, 1584), for failure of a vessel not exceeding 500 net tons importing spirits, wines, or other alcoholic liquors to have the certificate required by section 7 of the Anti-Smuggling Act (19 U.S.C. 1707);

    (7)    Section 585, Tariff Act of 1930, as amended (19 U.S.C. 1585), in respect of any vessel or vehicle which departs or attempts to depart from, any collection district without making the required report or entry, or unlades any merchandise before such report or entry;

    (8)    Section 592, Tariff Act of 1930 (19 U.S.C. 1592), if the Commissioner finds that the decision is in accordance with an established policy of mitigation or remission which has been approved by the Secretary in a factually similar case;

    (9)    The Act of February 24, 1915 (46 U.S.C. 14), for false oath to obtain a register for a wrecked vessel;

    (10)    Section 4143, Revised Statutes (46 U.S.C. 21), for false oath as to ownership by owner to obtain registry of vessel;

    (11)    Section 4163, Revised Statutes (46 U.S.C. 33), for false oath by agent or attorney to obtain registry of a vessel;

    (12)    Section 4177, Revised Statutes, as amended (4.6 U.S.C. 45), in respect of documented vessels failing to have the required number permanently marked;

    (13)    Section 4179, Revised statutes (46 U.S.C. 50), for changing, or engaging in deceptive practices with respect to, the name of a documented vessel;

    (14)    Section 4189, Revised Statutes, as amended (46 U. S.C. 60), in respect of any vessel for which any certificate of registry, enrollment or license, or other record or document granted in lieu thereof is knowingly and fraudulently obtained or used;

    (15)    Section 4153, Revised Statutes, as amended (46 U.S.C. 17), in respect of documented vessels for failing to have the number denoting net tonnage permanently marked;

    (16)    Section 4139, Revised Statutes (46 U.S.C. 272), for refusal to take, or for taking falsely, the required oath with respect to equipment and repairs for vessels;

    (17)    Section 4337, Revised Statutes (46 U.S.C. 278), in respect of vessels proceeding on a foreign voyage while enrolled and licensed or licensed;

    (18)    Section 1 of the Act of May 28, 1906 (46 U.S.C. 292), in respect of foreign-built dredges engaging in dredging in the United States;

    (19)    Section 4365, Revised Statutes (46 U.S.C. 311), in respect of vessels licensed for the fisheries and found within three leagues of the coast with foreign merchandise exceeding $500 in value on board without having the permission to touch and trade at foreign ports required by section 4364, Revised Statutes (46 U.S.C. 310);

    (20)    Section 4370, Revised Statutes, as amended (46 U.S.C. 316(a) and (d)), in respect of any vessel employed in towing in violation of subsection (a) of that section, as amended, or of any foreign vessel engaging in salvaging operations not excepted or authorized by subsection (d) of that section, as amended;

    (21)    Section 7, Act of June 19, 1886, as amended (46 U.S.C. 319), in respect of certain vessels trading coastwise, or engaged in the fishery, without a valid document and in respect of such vessels having on board foreign merchandise or taxable alcoholic liquors on which the duties or taxes have not been paid or secured to be paid;

    (22)    Section 4377, Revised Statutes, as amended (46 U.S.C. 325), in respect only of licensed vessels employed in any other trade than that for which licensed, found with a forged or altered license or one granted for any other vessel, or found with any foreign merchandise or taxable alcoholic liquors on board on which the duties or taxes have not been paid or secured to be paid;

    (23)    Section 4240, Revised Statutes (46 U.S.C. 723), in respect of any vessel transporting to a foreign port any property taken from a wreck within United States jurisdiction off the coast of Florida;

    (24)    Section 27, Merchant Marine Act, 1920, as amended (46 U.S.C. 883), in respect of merchandise transported coastwise in a vessel ineligible under that section to engage in such transportation;

    (25)    Bonds taken pursuant to section 308, Tariff Act of 1930, as amended (19 U.S.C. 1308), if the Commissioner is satisfied that the importation was properly entered under section 308 and there was no intent to defraud the revenue or delay the payment of duty;

    (26)    Bonds taken pursuant to section 304. Tariff Act of 1930, as amended (19 U.S.C. 1304), if the marking duty due under section 304 of the tariff act has been deposited and the Commissioner is satisfied that the importer was not guilty of negligence or bad faith in permitting the not-properly-marked articles to be distributed, has been diligent in attempting to secure compliance with the marking requirements, and has attempted by all reasonable means to effect redelivery;

    (27)    Bonds taken pursuant to section 551, Tariff Act of 1930, as amended (19 U.S.C. 1553), if the Commissioner is satisfied that all the merchandise in respect of which the claim for liquidated damages was incurred has actually been exported or destroyed and that any failure to obtain customs supervision was without intent to evade any law or regulation;

    (28)    Bonds taken pursuant to section 565, Tariff Act of 1930 (19 U.S.C. 1565);

    (29)    Bonds taken pursuant to section 1 (par. 1101), Tariff Act of 1930, as amended (19 U.S.C. 1001, par. 1101), if no loss of revenue is involved; and

    (30)    Any bond for failure to make entry and deposit estimated duties and taxes or for failure to produce required documents within the time required by the law or regulation, if the Commissioner is satisfied that such failure was not due to any purpose to evade any law or regulation.

Treasury Department Order No. 165, Revised - Amendment 3

Further delegation to the Commissioner of Custom of authority to take final action in certain penalty cases.

TREASURY DEPARTMENT

Washington,, D. C. August 1, 1957
 

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950 (3 CFR, 1950 Supp., Ch. III), it is hereby ordered that subparagraph (h) of Treasury Department Order No, 165, Revised, issued on November 2, 1954 (T. D. 53654; 19 F. R. 7241), .as amended December 5, 1955 (T. D. 53966; 20 F. R. 9320), and an amended October 29, 1956 (T. D. 54234; 21 F. R. 8543), is further amended by deleting "and" after item (29); changing the period after item (30) to a semicolon; and adding the word "and" and a new item (31) reading as follows:

    (31)    Section 2 of the Act of July 14, 1956 (46 U.S.C. 883a), in respect of certain vessels of more than 500 gross tons rebuilt abroad for which the required report of the circumstances of rebuilding is not made.
 

Treasury Department Order No. 165, Revised Amendment 4

Transfer to the Commissioner of Customs of certain functions, powers, and duties relating to the documentation and operation of vessels and fines, penalties, and forfeitures arising thereunder.

TREASURY DEPARTMENT

Washington, D.C., December 4, 1958
 

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950 (3 CFR, 1950 Supp., Ch.III), the functions, powers, and duties vested in the Secretary of the Treasury by the Act of September 2, 1958 (Public Law 85-902, 85th Cong.; 72 Stat. 1736), are hereby transferred to the Commissioner of Customs. The Commissioner of Customs in authorized to delegate all such functions, powers, and duties to subordinates in the Bureau of Customs in such manner as he shall from time to time direct.

Subparagraph (h) of Treasury Department Order No. 165, Revised, issued on November 2, 1954 (T. D. 53654; 19 F. R. 7241), as amended, is further amended by deleting "and" after item (30); changing the period after item (31) to a semicolon and adding the word "and"; and by adding a new item (32) reading as follows:

    (32)    Section 27A, Merchant Marine Act of 1920, as amended (46 U.S.C. 883-1), so far as that section imposes any fine or penalty (including forfeiture) for falsifying any certificate under oath or for transporting merchandise or passengers for hire.
 

Treasury Department Order No. 165, Revised -- Amendment 6

Delegation order amended as it relates to decisions with respect to claims, fines, penalties, and forfeitures.

TREASURY DEPARTMENT,

WASHINGTON, D. C., SEP 23 1964
 

By virtue of the authority vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950 (3 CFR, 1949-1953 Comp. P. 1017) and pursuant to authorization given to me by Treasury Department Order No. 190, Revision 2 (28 F.R. 11570), it is hereby ordered that subparagraph (h) of paragraph 1 of Treasury Department Order No., 165, Revised, dated November 2, 1954 (T.D. 53654; 19 F.R. 7241), as amended, is further amended by deleting:

    (h)    No decision with respect to any claim (including claim for liquidated damages), fine, or penalty (including forfeiture) in excess of $20,000 shall be made without the approval of the Secretary of the Treasury, except that such approval shall not be required with respect to any claim (including claim for liquidated damages), fine, or penalty (including forfeiture) incurred or arising under:

    and substituting in lieu thereof the following:

    (h)    Any decision with respect to any claim (including claim for liquidated damages), fine, or penalty (including forfeiture) in excess of $100,000 shall be made by the Secretary of the Treasury, except decisions with respect to claims (including claims for liquidated damages), fines, or penalties (including forfeitures) incurred or arising under:
 
 

TREASURY DEPARTMENT ORDER NO. 165, REVISED--AMENDMENT 7

Delegation order amended as it relates to decisions with respect to claims, penalties and forfeitures
 

By virtue of the authority vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950 (3 CFR, 1949-1953 Comp. p. 1017) and pursuant to authorization provided by Treasury Department Order No. 190, Revision 9 (38 F.R. 17517), it is hereby ordered that subparagraph (h)(8) of paragraph 1 of Treasury Department Order No. 165, Revised, dated November 2, 1954 (T.D. 53654; 19 F.R. 7241), as amended, is further amended by deleting:
 

    (8)    Section 592, Tariff Act of 1930 (19 U.S.C. 1592), if the Commissioner finds that the decision is in accordance with an established policy of mitigation or remission which has been approved by the Secretary in a factually similar case;

and by inserting in lieu thereof the following:
 

    (8)    Section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592);
 

Dated: SEP 11, 1973
 
 

TREASURY DEPARTMENT ORDER NO. 165, REVISED--AMENDMENT 8
 

Delegation order amended as it relates to waivers of the navigation laws
 

By virtue of the authority vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950 (3 CFR, 1949-1953 Comp. p. 1017) and pursuant to authorization provided by Treasury Department Order No. 190, Revision 9 (38 F.R. 17517), it is hereby ordered that Treasury Department Order No. 165, Revised, dated November 2, 1954, (T.D. 53654; 19 F.R. 7241), as amended, is further amended by adding a new subparagraph (k) to read as follows:
 

    (k)    Any decision as to whether to waive compliance with the navigation laws pursuant to the Act of December 27, 1950, 64 Stat. 1120 (46 U.S.C. Chapter 1 Note), shall be made by the Secretary of the Treasury, except that the Commissioner of Customs shall waive compliance with such laws upon the request of the Secretary of Defense to the extent deemed necessary in the interest of national defense by the Secretary of Defense.
 

Dated: June 14, 1974