Page:United States Statutes at Large Volume 36 Part 1.djvu/199

SIXTY·FIRST CONGRESS. Sess. I. Ch. 8. 1909. 175 of suchinvoice within a reasonable time to be prescribed by said 0,S°§,f$'(;{;g°‘j;},e‘°{§ official. In the absence of such invoice, no entry shall be made temporarily. P upon the aforesaid affidavit unless the same be accompanied by a statement in the form of an invoice or otherwise, showing the actual cost of such merchandise if same was purchased, or 1f obtained otherwise than by purchase, the actual market value or wholesale price thereof at the time of exportation to the Philippine Islands m the principal markets of the country from whence imported. This statement shall be verified by the oath of the owner, importer, V€ri¤¤¤¤¤¤· consignee, or agent desir` to make the entry, taken before the collector of customs, and ilzngiall be lawful for that official to examine EVid<=¤¢¢ requiredthe deponent imder oath regarding the source of his knowled e, information, or belief, concerning any matter contained in his :1,%- davit, and to require him to produce any correspondence, document, or statement o account in his possession, or under his control, which mayl assist the customs authorities in ascertaining the actual value of the importation or of any part thereof; and in default of such production when so required, such owner, importer, consignee, or agent shall be thereafter debarred from producing any such correspondence, document, or statement for the purpose of avoidin the im osition of additional duty, penalty, or forfeiture incurred under this or any other Act in force in the Philippine Islands, unless he shall show to the satisfaction of the court or the collector of · customs, as the case may be, that it was not in his ower to produce the same when so demanded; but no articles, goocg, wares, or mer- mi{)·;¤s~;_¤i<1¤b1¤ muse chandise shall be admitted to entry under the provisions of this °W“' section unles the collector of customs shall be satisfied that the failure to produce the required invoice is due to causes beyond the control of the owner, importer, consignee, or agent. Sec. 18. That invoices required by the receding section shall, at Af,§;j?gg*§§nsl}]°‘°’° or before the shipment of the merchandise, beproduced to the consul, ` vice·—consul, or commercial agent of the Unite States of the consular district in which the merchandise was manufactured or purchased, as the case may be, when importation into the Philippme Islands is from a country other than the United States of America or any territory or place under the jurisdiction and control of the Govemment thereof: Provided, That the insular collector of customs may, in his §’,}{‘;,‘j’g;Mmc,°s discretion, dispense with the requirement for the consular invoices ` prescribed in this section in case the merchandise for which entry is sought is free of duty under this Act, in which event a commercial invoice certified by the purchaser, manufacturer, seller, owner, or agent shall be filed: Amd provided further, That when the importation Imports fromlfnited is from the United States of America or any territory or place under S‘“*°“· the `urisdiction and control of the Government thereof production shall] be to a collector of customs, deputy collector of customs, or United States commissioner. Invoices shall have indorsed thereon when produced as above re- ch§j§}°;*{§°“ b>’ P“'· scribed a declaration s` ned by the purchaser, manufacturer, seller, ` owner, or agent settinflgorth that the invoice is in all respects correct and true and was ma e at the place from whence the merchandise is exported to the Philippine Islands; that it contains, if the merchan- “P‘*’°h”·S**d· dise was obtained by purchase, a true and full statement of the time when, the place where, the erson from whom the same was purchased, and the actual cost thereolf, and of all charges thereon; and that no discounts, bounties, or drawbacks are contained in the invoice except such as have been actually allowed thereon; and when obtained m Gbwmedorherwise. gply other manner than by purchase, the actual market value or whole- _ e Iprice thereof, at the time of exportation to the Philippine Islands, in the principal markets of the country from which exported; that such actual market value is the price at which the merchandise