[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR320.8]

[Page 150]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 320_SUSPENSION OF THE PRIVATE EXPRESS STATUTES--Table of Contents
 
Sec.  320.8  Suspension for international remailing.

    (a) The operation of 39 U.S.C. 601(a)(1) through (6) and Sec.  
310.2(b)(1) through (6) of this chapter is suspended on all post routes 
to permit the uninterrupted carriage of letters from a point within the 
United States to a foreign country for deposit in its domestic or 
international mails for delivery to an ultimate destination outside the 
United States.

    Example (1). The letters to overseas customers of commercial firm A 
in Chicago are carried by Carrier B to New York where they are delivered 
to Carrier C for carriage to Europe. Carrier C holds the letters in its 
distribution center overnight, then sorts them by country of destination 
and merges them with letters of other firms to those countries before 
starting the carriage to Europe in the morning. The carriage of firm A's 
letters is not interrupted. The suspension for international remailing 
applies to the carriage by Carrier B and by Carrier C.
    Example (2). The bills addressed to foreign customers of the Chicago 
branch office of commercial firm D are carried by Carrier E to New York 
where they are delivered to the accounting department of firm D's home 
office. The accounting department uses the information in the bills to 
prepare its reports of accounts receivable. The bills are then returned 
to Carrier E which carries them directly to Europe where they are 
entered into the mails of a foreign country. The carriage of the bills 
from Chicago to Europe is interrupted in New York by the delivery to 
firm D's home office. The suspension for international remailing does 
not apply to the carriage from Chicago to New York. It does apply to the 
subsequent carriage from New York to Europe.

    (b) This suspension shall not permit the shipment or carriage of a 
letter or letters out of the mails to any foreign country for subsequent 
delivery to an address within the United States.

    Example (1). A number of promotional letters originated by firm F in 
Los Angeles are carried by Carrier G to Europe for deposit in the mails 
of a foreign country. Some of the letters are addressed to persons in 
Europe, some to persons in the United States. The suspension for 
international remailing does not apply to the letters addressed to 
persons in the United States.

    (c) Violation by a shipper or carrier of the terms of this 
suspension is grounds for administrative revocation of the suspension as 
to such shipper or carrier for a period of one year in a proceeding 
instituted by the General Counsel in accordance with part 959 of this 
chapter. The failure of a shipper or carrier to cooperate with an 
inspection or audit authorized and conducted by the Postal Inspection 
Service for the purpose of determining compliance with the terms of this 
suspension shall be deemed to create a presumption of a violation for 
the purpose of this paragraph (c) and shall shift to the shipper or 
carrier the burden of establishing the fact of compliance. Revocation of 
this suspension as to a shipper or carrier shall in no way limit other 
actions as to such shipper or carrier to enforce the Private Express 
Statutes by administrative proceedings for collection of postage (see 
Sec.  310.5) or by civil or criminal proceedings.

[51 FR 29638, Aug. 20, 1986]