Liability of Customs Officers.

SEC. 5. By Paragraph Z of Section III of the Act of October 3, 1913, it is provided:

"That from and after the taking effect of this Act, no collector or other officer of the customs shall be in any way liable to any owner, importer, consignee, or agent of any merchandise, or any other person, for or on account of any rulings or decisions as to the classification of said merchandise or the duties charged thereon, or the collection of any dues, charges, or duties on or on account of said merchandise, or any other matter or thing as to which said owner, importer, consignee, or agent of such merchandise might, under this Act, be entitled to appeal from the decision of said collector or other officer, or from any board of appraisers."

CHAPTER XI

VALUE

Invoice Value

SEC. 1. Invoice value is the value of the merchandise as stated in the invoice. It should represent the price actually paid, or to be paid, for the merchandise if purchased, or agreed to be purchased, or the actual market value or wholesale price thereof at the time of exportation to the United States if obtained in any other manner than by purchase or agreement of purchase. This value should be stated in terms of the currency of the place or country of exportation, or if purchased in a different currency then in the terms of the currency actually paid or agreed to be paid therefor. Paragraphs C and D, Section III, Act of October 3, 1913. (Chapter II, Section 2; Chapter III, Sections 10 and 11.)

Entered Value

SEC. 2. Entered value is the value at which the merchandise is entered at the custom-house by the importer when filling his entry. It may be the invoice value if no additions to, or deductions from, the invoice value are made by the importer on entry; or it may be the invoice value with such additions to or deductions from that value as the importer may choose to make.

This value should be expressed in terms of the invoice value; that is to say, in terms of the currency of the place or country of exportation, or if

purchased in a different currency, then in the terms of the currency actually paid or agreed to be paid therefor. (Paragraph 1, Section III, Act of October 3, 1913; Chapter VI, Section 4.)

Market Value

SEC. 3. Market value is the actual market value or wholesale price of the merchandise at the time of exportation to the United States, in the principal markets of the country from whence exported, and is the price at which such merchandise is freely offered for sale to all purchasers in said markets, in the usual wholesale quantities. Paragraphs D and R, Section III, Act of October 3, 1913. (Chapter III, Section 11) (Chapter III, Section 15.)

Appraised Value

SEC. 4. It is the duty of appraising officers to ascertain, estimate and appraise by all reasonable ways and means in their power the actual market value and wholesale price of imported merchandise in the usual wholesale quantities at the time of exportation to the United States, in the principal markets of the country whence the same has been imported (any invoice or affidavit thereto or Statement of cost, or of cost of production to the contrary notwithstanding). The value so ascertained is the appraised value, and it follows, therefore, that this value may accord with the invoice value, or the entered value, or that it may be higher or lower than either of those values.

Furthermore, if the merchandise is freely offered for sale to all purchasers in said foreign markets at a unit price per pound, yard, gallon or other method of measurement, the appraised value should

be stated in terms of such unit of measurement. (Paragraph R, Section III, Act of October 3, 1913; Chapter III, Section 15; T. D. 37889.)

Reappraised Value

SEC. 5. If the Collector of Customs shall deem the appraisement as made by the appraising officer too low, or if the importer shall deem the appraisement so made too high, either may appeal to reappraisement before one General Appraiser.

The value so found by the General Appraiser on appeal is the reappraised value. (Paragraph M, Section III, Act of October 3, 1913; Chapter VII, Section 8.)

Re-Reappraised Value

SEC. 6. If dissatisfied with the single General Appraiser's finding as to value on the original appeal to reappraisement, the importer, or the collector, as the case may be, may file a further appeal to re-reappraisement by a Board of three General Appraisers.

The value so found by the Board of three General Appraisers on appeal is the re-reappraised value. (Paragraph M, Section III, Act of October 3, 1913; Chapter VII, Section 8.)

Dutiable Value

SEC. 7. The appraised value, the reappraised value or the re-reappraised value, as the case may be, having been duly ascertained, it becomes the function of the Collector of Customs to assess duty upon the value so established, including the value of all cartons, cases, crates, boxes, sacks, casks, barrels, hogsheads, bottles, jars, demijohns, carboys

and other containers or coverings, whether holding liquids or solids, and all other costs, charges and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States. The value so ascertained by the Collector of Customs becomes the dutiable value. (Paragraph R, Section 3, Act of October 3, 1913; Chapter III, Section 15; T. D. 34002.)

Liquidated Value

SEC. 8. The dutiable value having been so ascertained in terms of the currency of the invoice, it becomes the duty of the Collector to reduce that value to its equivalent in United States currency for the purpose of assessing duty thereon. (Section 25,

Act of August 27, 1894; Chapter II, Section 3.) The value so ascertained constitutes what may be properly termed the liquidated value of the invoice.

Forfeiture Value

SEC. 9. Merchandise subject to seizure and forfeiture for violation of any Act relating to the collection of the revenue from imports may be released to the claimant by order of the court pending a final determination of the issue upon the filing of a bond in a sum equal to the appraised value of such merchandise as determined by appraisers duly appointed by the court for that purpose. The value so fixed under this bond becomes the forfeiture value of the merchandise, and has no reference to the duties, which must have first been paid to the Collector or secured to be paid. Section 938, Revised Statutes (Chapter XXVI, Section 17).