SECTION 1437 . —  Assessment of Duty on Less than Entered Value . — Duty shall not be assessed in any case upon an amount less than the entered value, unless by direction of the Insular Collector in cases in which the importer certifies at the time of entry t hat the entered value is higher than the foreign market value and that the goods are so entered in order to meet increases made by the appraiser in similar cases then pending on request for reappraisement; and the lower assessment shall be allowed only whe n the importer's contention is sustained by final decision, and it shall appear that the action of the importer on entry was taken in good faith, and after due diligence and inquiry on his part. 

[Cooley's Blackstone, p. 369.] 

SECTION 1438 . Finality of Liquidation . — When merchandise has been entered and passed free of duty or final adjustment of duties made, with subsequent delivery, such entry and passage free of duty or settlement of duties will, after the expiration of one y ear from the time of entry, in the absence of fraud and in the absence of protest, be final and conclusive upon all parties, unless the liquidation was merely tentative. 

[355-206; 769-1.] 

## Surcharges Imposable by Collector 

## ARTICLE X 

SECTION 1439 . Failure to Pay Liquidated Charges . — For failure to pay the amount of liquidated charges of a liquidation within five working days after the notice of liquidation has been publicly posted in the customhouse, a surcharge of five per centum of the amount found due the revenue on liquidation may, in the discretion of the collector of customs, be added thereto and collected therewith. 

[355-305.] 

SECTION 1440 . Failure to Supply Invoice . — When an entry of merchandise valued at more than two hundred pesos is permitted by the collector to be effected upon pro forma invoice, the collector, instead of requiring a bond for the subsequent production of t he authentic invoice, may, if the importer prefers, impose a surcharge of not less than ten pesos nor more than an amount equal to twenty-five per centum of the duties upon the importation. 

[355-304; Comp., 1681.] 

SECTION 1441 . Undervaluation and Misdescription in Entry . — When imported merchandise shall be so declared and entered as to the value or 

