611.00244/112

The Secretary of State to the British Ambassador (Lindsay)

My Dear Mr. Ambassador: With reference to that part of your note of June 17, 1935, requesting information regarding the meaning of the terms “summarily” in Section 5 and “districts” in Section 6 of the Anti-Smuggling Bill (H. R. 7980), I enclose the pertinent excerpts from a letter received from Acting Secretary Coolidge, of the Treasury, giving the desired information.

I am [etc.]

Cordell Hull
[Enclosure]

Excerpts From Letter Dated July 1, 1935, From the Acting Secretary of the Treasury (Coolidge)

“The British Ambassador has requested information regarding the meaning of the terms ‘summarily’ in section 5 and ‘districts’ in section 6 of the bill.

“For the purpose of saving the Government delay and the expense of proceeding by judicial condemnation of property seized for violations of the revenue laws when the seizure is of inconsiderable value, and also to prevent loss through deterioration of perishable property or property the safekeeping of which is disproportionate to its value, summary provisions have long been in force which provide for the sale of seized property upon advertisement of the same should its appraised [Page 7] value be less than a certain amount ($1000 in the case of seizures made under the customs revenue laws and $500 in the case of seizures made under the internal revenue laws). These provisions afford reasonable notice by publication of the commencement of the proceedings, and of the cause of seizure, and preserve to the persons interested in the property a reasonable opportunity to assert their claims and have their rights judicially determined. Sale or other disposition of property in compliance with these provisions is equivalent to similar disposition under a judicial condemnation. Provisions of this character in the customs revenue laws will be found in sections 606, 607, 608, 609, and 612 of the Tariff Act of 1930;8 in the internal revenue laws, in section 3460 of the Revised Statutes. It is statutes of this nature, providing for administrative forfeitures of seized property of slight value, to which the term ‘summarily’ in section 5 has reference.

“For the purpose of collecting the customs revenues, the United States and its territories are divided into 48 customs collection districts in each of which there are designated ports of entry where merchandise may be entered and duties collected. These collection districts constitute administrative units, each one of them being under the direct supervision of a collector of customs and all under the general supervision of the Treasury Department. The term ‘districts’ in section 6 of the bill refers to customs collection districts.

“I shall be glad to furnish you with any further information which the British Government may desire in connection with the Anti-Smuggling Bill”

  1. 46 Stat. 590, 754, 755.