B-4879, JULY 26, 1939, 19 COMP. GEN. 111

B-4879: Jul 26, 1939

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CLAIMED ON THE BASIS THAT THE WRONG FORM OF INVOICE WAS ISSUED AND THAT THE GOODS WERE ENTITLED TO FREE ENTRY. IS NOT AUTHORIZED WHERE THE RECORD FAILS TO SHOW WHO WAS RESPONSIBLE FOR THE ERROR. - THAT IS. AS TO WHETHER THE ORIGINAL FAULT IN THE MATTER WAS WITH THE IMPORTER OR THE CONSULAR OFFICER. 1939: I HAVE YOUR LETTER OF JULY 11. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION A COPY OF A DESPATCH DATED JUNE 28. IS AS FOLLOWS: WE ARE ENCLOSING HEREWITH INVOICE NUMBER 1423. THIS DOCUMENT IS BEING RETURNED TO YOUR ACCOUNT NOT BEING ACCEPTABLE BY OUR CUSTOMS DUE TO THE FACT THE GOODS ARE OF AMERICAN MANUFACTURE AND ARE ENTITLED TO FREE ENTRY WITH THE CONSULAR FORM NO. 129.

B-4879, JULY 26, 1939, 19 COMP. GEN. 111

FOREIGN SERVICE - FEES - INVOICES - REFUNDS REFUND OF THE FEE COLLECTED FOR CERTIFICATION OF A CONSULAR INVOICE, CLAIMED ON THE BASIS THAT THE WRONG FORM OF INVOICE WAS ISSUED AND THAT THE GOODS WERE ENTITLED TO FREE ENTRY, IS NOT AUTHORIZED WHERE THE RECORD FAILS TO SHOW WHO WAS RESPONSIBLE FOR THE ERROR--- THAT IS, AS TO WHETHER THE ORIGINAL FAULT IN THE MATTER WAS WITH THE IMPORTER OR THE CONSULAR OFFICER.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF STATE, JULY 26, 1939:

I HAVE YOUR LETTER OF JULY 11, 1939, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION A COPY OF A DESPATCH DATED JUNE 28, 1939, WITH COPIES OF ITS ENCLOSURES, RECEIVED FROM THE AMERICAN CONSULATE AT WINDSOR, ONTARIO, CANADA, IN REGARD TO THE REFUND OF A FEE OF $2.50 FOR THE CERTIFICATION OF A CONSULAR INVOICE, NO. 1423, ON JUNE 19, 1939, AT THE CONSULATE AT WINDSOR.

IN ORDER THAT THE CONSULATE AT WINDSOR MAY BE INSTRUCTED APPROPRIATELY WITH RESPECT TO THE REFUND OF THE CONSULAR INVOICE FEE IN QUESTION, THE DEPARTMENT WOULD APPRECIATE RECEIVING AN EXPRESSION OF YOUR VIEWS IN THE PREMISES.

THE APPLICATION FOR REFUND OF THE $2.50, DATED JUNE 27, 1939, IS AS FOLLOWS:

WE ARE ENCLOSING HEREWITH INVOICE NUMBER 1423, ISSUED AT WINDSOR, ONTARIO, ON JUNE 19, 1939, COVERING A SHIPMENT OF AMERICAN GLASSWARE AND PICTURES FOR THE ACCOUNT OF MR. O. H. EHNES, OF DETROIT, MICHIGAN.

THIS DOCUMENT IS BEING RETURNED TO YOUR ACCOUNT NOT BEING ACCEPTABLE BY OUR CUSTOMS DUE TO THE FACT THE GOODS ARE OF AMERICAN MANUFACTURE AND ARE ENTITLED TO FREE ENTRY WITH THE CONSULAR FORM NO. 129.

THE IMPORTER CLAIMS THAT HE MADE APPLICATION TO YOUR OFFICE FOR THE PROPER FORM BUT THROUGH A MISUNDERSTANDING AND YOUR OFFICE NOT HAVING THE CONSULAR REGULATIONS THAT THE ACT OF 1930, PARAGRAPH 1615 HAD BEEN AMENDED BY AN ACT OF 1938 THE INCORRECT INVOICE WAS ISSUED AND GIVEN TO OUR CLIENT.

AS WE HAVE NOW RECEIVED THE PROPER FORM NO. 129 AND THE TRANSACTION CLOSED SO FAR AS THE ENTRY IS CONCERNED WE WOULD THANK YOU TO KINDLY REFER THE MATTER TO THE HON. SECRETARY OF STATE AT WASHINGTON, D.C. FOR ADMINISTRATIVE CONSIDERATION AND REQUEST THAT REFUND IN THE AMOUNT BE MADE FOR THE INVOICE NUMBER 1423, WHICH WAS INCORRECTLY ISSUED.

IT IS NOT DEFINITELY SHOWN BY THE PRESENT RECORD WHO WAS RESPONSIBLE FOR THE ISSUANCE OF THE WRONG FORM OF INVOICE--- THAT IS, AS TO WHETHER THE ORIGINAL FAULT IN THE MATTER WAS WITH THE IMPORTER OR THE CONSULAR OFFICER. CONSEQUENTLY, NO REFUND IS AUTHORIZED UPON THE PRESENT RECORD. IF A FULL EXPLANATION OF THE CIRCUMSTANCES CAN BE FURNISHED, INCLUDING THE ORIGINAL REQUEST UPON WHICH THE FIRST INVOICE WAS ISSUED, THE MATTER WILL HAVE FURTHER CONSIDERATION.