52 STAT.] T75'i CONG. , 3D SESS.--CH. 679-JUNE 25, 193S shall not be construed to be penal, and shall not be remitted wholly or in part nor shall payment thereof be avoidable for any cause. Such duty shall be levied, collected, and paid in addition to any other duty imposed by law and whether or not the article is exempt from the payment of ordinary customs duties. The compensation and expenses of customs officers and employees assigned to supervise the exportation, destruction, or marking to exempt articles from the application of the duty provided for in this subsection shall be reimbursed to the Government by the importer. "(d) DELIVERY WITHHiELD UNTIL MARKED.-NO imported article held in customs custody for inspection, examination, or appraisement shall be delivered until such article and every other article of the importation (or their containers), whether or not released from cus- toms custody, shall have been marked in accordance with the require- ments of this section or until the amount of duty estimated to be payable under subsection (c) of this section has been deposited. Nothing in this section shall be construed as excepting any article (or its container) from the particular requirements of marking pro- vided for in any other provision of law. "(e) PENALTIES. -If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this Act, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both." SEC. 4. Subdivisions (1), (5), and (6) of section 308 of the Tariff Act of 1980 (U. S. C., 1934 edition, title 19, sec. 1308) are hereby amended to read as follows: "(1) Articles to be repaired, altered, or otherwise changed in condition by processes which do not result in articles manu- factured or produced in the United States; "(5) Automobiles, motorcycles, bicycles, airplanes, airships, balloons, boats, racing shells, and similar vehicles and craft, and horses, and the usual equipment of the foregoing; all the foregoing which are brought temporarily into the United States by nonresidents (A) for the purpose of taking part in races or other specific contests, or (B) for the transportation of such nonresidents, their families and guests, and such incidental car- riage of articles as may be necessary and appropriate to the purposes of the journey, but not to be used for the transportation of persons or articles for hire nor in any case primarily for the carriage of articles (but nothing in this Act shall be construed as altering the customary exceptions of vehicles and other instru- ments of international traffic from the application of the customs laws); and in the case of horses, vehicles, and craft entered under this subdivision collectors of customs may, under such regula- tions as the Secretary of the Treasury may prescribe, defer the exaction of a bond for not to exceed ninety days (or six months in the case of such horses, vehicles, and craft from a country which accords a similar privilege to horses, vehicles, and craft from the United States) after the date of importation, but unless such horse, vehicle, or craft is exported or the bond is given within the period of such deferment, such horse, vehicle, or craft shall be subject to forfeiture; "(6) Locomotives and other railroad equipment brought tem- porarily into the United States for use in clearing obstructions, fighting fires, or making emergency repairs on railroads within the United States, or for use in transportation otherwise than in international traffic when the Secretary of the Treasury finds 1079 Reimbursement for supervisory services. Delivery withheld until article, etc., marked. Penalties. Temporary free im- portation under bond for exportation. 46 Stat. 690. 19 U.. S. .§ 1308. Articles changed in condition but not manufactured. Private automobiles. etc., used for desig- nated purposes. Restrictions. Bond provisions. Foreign railroad equipment for emer- gency use.
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