An Act to Amend Act Numbered Three Hundred and Fifty-Five, Known as the Philippine Customs Administrative Act

September 22, 1904

ACT NO. 1235

AN ACT TO AMEND ACT NUMBERED THREE HUNDRED AND FIFTY-FIVE, KNOWN AS THE PHILIPPINE CUSTOMS ADMINISTRATIVE ACT

SECTION 1. Section twenty-seven of Act Numbered Three hundred and fifty-five, entitled "An Act to constitute the Customs Service of the Philippine Archipelago and to provide for the administration thereof," is hereby amended by striking out of said section all after the words "in cases where" in the eighth line, and inserting in lieu thereof the following: "such duties on an importation are less than one dollar, United States currency; or to dispense with the seizure of goods where the duties thereon are less than one dollar, United States currency, except in cases of habitual or intentional violations of the revenue laws and of prohibited importations."

SECTION 2. Section seventy-seven of said Act is hereby amended by striking out of said section all that part beginning with the words "The manifests of cargoes for Philippine ports" in the sixteenth and seventeenth lines thereof, and ending with the words "local authority of the port," in the twenty-third line thereof. And also by striking out the words "be certified, as provided, with a statement," in the twenty-eighth line, and inserting in lieu thereof the word "show."

SECTION 3. Section one hundred and seventeen of said Act is hereby amended by making paragraph (a) thereof read as follows:

"(a) A citizen of the United States residing in the Philippine Islands; or a corporation or company created under the laws of the United States, or of any State thereof, or of the Philippine Islands: Provided, That any duly authorized officer of such corporation or company, or the managing agent or master of the vessel for which the license is sought, resides in the Philippine Islands."

SECTION 4. Section one hundred and twenty-two of said Act is hereby amended by making the first paragraph thereof read as follows:

"SEC. 122. Vessels of class (a) will be such as have been acquired by American citizens or by a corporation or company created under the laws of the United States, or of any States thereof, or of the Philippine Islands."

And said section is hereby further amended by adding to the end thereof a paragraph reading as follows:

"In the second case the application for a license may be made by any duly authorized officer of the company residing in the Philippine Islands, or by the managing agent or master of the vessel."

SECTION 5. Section one hundred and fifty-one of said Act is hereby amended by changing the words "one hundred dollars" in the sixth and seventh lines thereof, to "five dollars," and striking out the last eight words of said section, as follows: "provided the value thereof exceeds one hundred dollars."

SECTION 6. Section one hundred and sixty-two of said Act is hereby amended by changing the words "one invoice" in the first line thereof, to "one bill of lading," and the words "an invoice" in the fourth line thereof, to "a bill of lading."

SECTION 7. Section one hundred and sixty-nine of said Act is hereby amended by striking out the words "and invoice" in the third line thereof, and inserting the word "and" between the words "entry" and "permit" in said line, and by changing the word "invoice" in the last line to the word "consignment."

SECTION 8. Section two hundred and eleven of said Act is hereby amended by striking out the words "or invoice" in the third line thereof, and inserting the word "or" between the words "manifest" and "bill of lading" in the second and third lines thereof.

SECTION 9. Section two hundred and fifteen of said Act is hereby amended by striking out the word "invoice" in the sixth line, and inserting in lieu thereof the words "bill of lading and entry."

SECTION 10. Section two hundred and sixteen of said Act is hereby amended by striking out the word "invoice" in the third line, and inserting in lieu thereof the word "entry."

SECTION 11. Section two hundred and seventeen of said Act is hereby amended by striking out the word "invoice" in the second line, and inserting in lieu thereof the words "manifest or bill of lading," and by striking out the form of oath.

SECTION 12. Section two hundred and twenty of said Act is hereby amended to read as follows:

"SEC. 220. Ordinary and usual commercial samples imported by bona fide commercial travelers may, after examination by the customs authorities and upon the filing of a bond with security satisfactory to the collector of customs for the exportation of said samples within three months after their date of importation, be admitted free of duty: Provided, That said samples shall be positively identified by the customs authorities before exportation; that their appraised value shall not exceed two thousand dollars in any one case: And provided further, That the period of three months allowed for their exportation may be extended, in the discretion of the collector of customs, for a further period not to exceed three months, upon application being made to him in writing before the expiration of the original period.

"In the case of any consignment of bona fide commercial samples, the appraised value of which exceeds two thousand dollars, the owner may select any portion thereof up to two thousand dollars in appraised value for entry under the above provisions of this section, and the remainder of the consignment shall be entered in bond or for duty, as in the case of regular importations."

SECTION 13. Section two hundred and eighty-two of said Act is hereby amended by striking out of said section all after the words "hereinbefore prescribed" in the seventh line thereof.

SECTION 14. Section two hundred and eighty-six of said Act is hereby amended by striking out the word "two" in the ninth line of said section, and substituting the word "five" therefor.

SECTION 15. Section two hundred and ninety-four of said Act is hereby amended by striking out the words "or to produce such papers" in the fourth line thereof.

SECTION 16. Section three hundred and eleven of said Act is hereby amended by adding at the end thereof the following:

"(a) Whenever by this or by any other Act the Insular Collector of Customs is authorized, empowered, or directed to enforce any provision of law, he may, as a means of so doing, with the approval of the Secretary of Finance and Justice, make and promulgate general rules and regulations and fix penalties for violation thereof: Provided, however, That such penalties shall in no case exceed a fine of five hundred pesos, Philippine currency. Such general rules and regulations so made and promulgated shall be published at least once in the Official Gazette, and, upon such publication, they shall have the force and effect of law, and violations thereof may be prosecuted in any court of competent jurisdiction."

SECTION 17. Section three hundred and seventeen of said Act is hereby amended by changing the word "shall", in the eighth line thereof, to "might," and by inserting in the eighth line thereof, after the words "lawful duties or any portion thereof," the words "accruing upon the merchandise or any portion thereof."

SECTION 18. Section three hundred and fifty of said Act is hereby amended to read as follows:

"SEC. 350. Upon the arrival in port of any vessel it shall be unlawful for the master to allow any person except the pilot, customs, health officers, and consul to go on board the vessel without the permission of the customs officer in charge; and it shall be unlawful for the master to allow any person, with the exceptions above named, to leave the vessel without the permission of the customs officer in charge.

"Upon the arrival in port of any vessel it shall be unlawful for any person, except the pilot, customs, health officers, or consul to go on board the vessel without the permission of the customs officer in charge; and it shall be unlawful for any person, with the exceptions above named, to leave the vessel without the permission of the customs officer in charge.

"It shall be unlawful for any person in charge of a tugboat, rowboat, or other craft to go alongside and put any person on board or take any person from any incoming vessel as hereinbefore described, except such persons as are hereinbefore exempted.

"For willful violation of any of the provisions of this section, or for permitting or neglecting to prevent a violation thereof, the master of the vessel or other person, as the case may be, shall be liable to a fine not exceeding one hundred dollars."

SECTION 19. Section three hundred and ninety-two of said Act is hereby amended by changing the fees for "Other Certificates," from "$3.00" to "$1.00."

SECTION 20. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 21. This Act shall take effect on its passage.

ENACTED, September 22, 1904.