Page:United States Statutes at Large Volume 52.djvu/1119

 PUBLIC LAWS-CH. 679-JUNE 25, 1938 Provso. Sawed lumber and timbers, etc. 48 Stat. 943. 19 U.. C. iC 1351- 1354; Supp. II, 1352. Marking of imme- diate containers of certain exempted articles. Rxptons. Additional duties for failure to mark. "(E) Such article is a crude substance; "(F) Such article is imported for use by the importer and not intended for sale in its imported or any other form; "(G) Such article is to be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, destroyed, or permanently concealed; "(H) An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its impor- tation, must necessarily know the country of origin of such article even though it is not marked to indicate its origin; "(I) Such article was produced more than twenty years prior to its importation into the United States; or "(J) Such article is of a class or kind with respect to which the Secretary of the Treasury has given notice by publication in the weekly Treasury Decisions within two years after July 1, 1937, that articles of such class or kind were imported in substantial quantities during the five-year period immediately preceding January 1, 1937, and were not required during such period to be marked to indicate their origin: Provided, That this subdivision (J) shall not apply after September 1, 1938, to sawed lumber and timbers, telephone, trolley, electric-light, and telegraph poles of wood, and bundles of shingles; but the President is author- ized to suspend the effectiveness of this proviso if he finds such action required to carry out any trade agreement entered into under the authority of the Act of June 12, 1934 (U. S . C ., 1934 edition, title 19, sees. 1351-1354), as extended. "(b) MARKING OF CONTAINERS. -Whenever an article is excepted under subdivision (3) of subsection (a) of this section from the requirements of marking, the immediate container, if any, of such article, or such other container or containers of such article as may be prescribed by the Secretary of the Treasury, shall be marked in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of such article, subject to all provisions of this section, including the same exceptions as are applicable to articles under subdivision 3) of subsection (a). If artices are excepted from marking requirements under clause (F), (G), or (H) of subdivision (3) of subsection (a) of this sec- tion, their usual containers shall not be subject to the marking require- ments of this section. Usual containers in use as such at the time of importation shall in no case be required to be marked to show the country of their own origin. "(c) ADDITIONAL DUTIES FOR FAILURE TO MARK. - I f at the time of importation any article (or its container, as provided in subsection (b) hereof) is not marked in accordance with the requirements of this section, and if such article is not exported or destroyed or the article (or its container, as provided in subsection (b) hereof) marked after importation in accordance with the requirements of this sec- tion (such exportation, destruction, or marking to be accomplished under customs supervision prior to the liquidation of the entry cov- ering the article, and to be allowed whether or not the article has remained in continuous customs custody), there shall be levied, col- lected, and paid upon such article a duty of 10 per centum ad valorem, which shall be deemed to have accrued at the time of importation, 1078 [52 STAT.

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