to others, that thereby their sales do not constitute a free and open market as provided and required by statute. The statute is as follows:

That such actual market value shall be held to be the price at which such merchandise is freely offered for sale to all purchasers in said markets, in the usual wholesale quantities.

What does this statute require? That the "actual market value shall be held to be the price at which such merchandise is freely offered for sale to all purchasers in said markets in the usual wholesale quantities." It then continues and the price which the seller, shipper, or owner would have received, and was willing to receive." This statute does not provide that the seller may supervise or qualify what the purchaser may do with his purchases. There must be a free and open market. Evidently any dealer can purchase from the Stewart Phonograph Co. any and all machines he may wish. The only requirement is not with reference to what he pays for the machines, but the price at which he may sell to others. I am not interested in that condition, but to ascertain the wholesale market, and such market to be a free one as provided by the statute should permit the sale of the merchandise to all purchasers at a price. That price makes the market. Now, if the manufacturer or controller of the product exacts of the purchaser an agreement that he shall not sell to others for less than a certain sum he is not thereby forestalling the market, and is not thereby destroying the free and open market between the dealer and wholesaler.

The

These questions have been passed on by the Supreme Court of the United States with reference to requiring purchasers to sell phonograph records and medicine at a certain price to the consumer. litigation arose under the Sherman Antitrust Act. It was held that the Sherman Antitrust Act did not restrict a manufacturer from requiring of the purchaser of the article to sell to the consumer at a certain price so long as there was competition in the purchase from the manufacturer. That is a more stringent statute than paragraph R, Section III, of the act of 1913. The latest case that I have found on this matter is United States v. Colgate (250 U. S., 300).

In sustaining the right of Colgate & Co. to require those to whom they sold to resell at a stipulated price, the court stated:

The purpose of the Sherman Act is to prohibit monopolies, contracts and combinations which probably would unduly interfere with the free exercise of their rights by those engaged, or who wish to engage, in trade and commerce-in a word to preserve the right of freedom to trade. In the absence of any purpose to create or maintain a monopoly, the act does not restrict the long recognized right of trader or manufacturer engaged in an entirely private business freely to exercise his own independent discretion as to parties with whom he will deal. And, of course, he may announce in advance the circumstances under which he will refuse to sell. "The trader or manufacturer, on the other hand, carries on an entirely private business, and can sell

to whom he pleases."-United States v. Trans-Missouri Freight Asso. (166 U. S., 290, 320; 41 L. ed., 1007; 17 Sup. Ct. Rep., 540). "A retail dealer has the unquestioned right to stop dealing with a wholesaler for reasons sufficient to himself, and may do so because he thinks such dealer is acting unfairly in trying to undermine his trade."

This satisfactorily establishes the right in this country, in the face of the Sherman Antitrust Act, to do the things the Stewart Phonograph Co. are claiming the right to do in Canada. They do not restrict any one in purchasing. Their merchandise is freely offered to all who will comply with the regulations with reference to sale; there are no regulations with reference to purchase.

Recently this question was before Board 2 of the Board of United States General Appraisers in the Goodyear Tire & Rubber Co.'s case, G. A. 8477 (T. D. 38906), wherein it was found the Goodyear Tire & Rubber Co. were selling their wares in Canada at different prices, restricting themselves to purchasers who were financially able to buy, and not selling to certain purchasers, whether financially able to buy or not. It was held by the board that the action of the Goodyear Tire & Rubber Co. was legal, and that their sales were within paragraph R, Section III, of the act of 1913.

Therefore, it is unnecessary to follow the contention of the importers that the value should be based on the cost of production. Having found a market I am precluded from looking into that fact.

The report of the special agent indicates that the Stewart Phonograph Co. and the manufacturer are practically one and the same institution. I do not base my judgment of this case on that fact. It is based entirely on the proposition that there is a market for these machines in Canada, and that they are freely offered for sale throughout the Dominion to wholesale dealers therein at from $8.50 to $15 .per machine.

I therefore find the market value in this reappraisement to be $8.50 per machine. The action of the appraiser is affirmed.

(T. D. 38979.)

Foreign currencies-Rates of exchange.

Rates of exchange certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 403 (c), emergency tariff act of May 27, 1921.

TREASURY DEPARTMENT, January 14, 1922.

To Collectors of Customs and Others Concerned:

The appended table of the values of certain foreign currencies as certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 403 (c), act of May 27, 1921, during the period from January 6 to January 12, 1922, both inclusive, is published for the information of collectors of customs and others concerned.

(103512.)

ELMER DOVER, Assistant Secretary.

Values of foreign currencies as certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 403 (c), emergency tariff act of May 27, 1921.

TREASURY DEPARTMENT, January 20, 1922.

To Collectors of Customs and Others Concerned: The Secretary of State has recommended to the department that the city of Buenaventura, Colombia, be placed on the no-consul list. In accordance with such recommendation, invoices of merchandise shipped from Buenaventura may be accepted by collectors of customs when certified pursuant to the provisions of section 2844, Revised Statutes.

(101208.)

96370-22-VOL 41- -2

ELMER DOVER, Assistant Secretary.

(T. D. 38981.)

Schedule for hearings by the Board of United States General Appraisers.

Schedule for hearings of cases by the Board of United States General Appraisers at ports other than the port of New York for the calendar year 1922.

TREASURY DEPARTMENT, January 20, 1922.

To Officers of the Customs and Others Concerned:

The appended schedule of hearings by the Board of United States General Appraisers is published for your information.

(34583.)

ELMER DOVER, Assistant Secretary.

Dockets for the hearings of cases by the boards of United States general appraisers and individual general appraisers at ports other than New York, 1922.

OFFICE OF THE BOARD OF UNITED STATES General AppraISERS, 641 Washington Street, New York, January 17, 1922.

Under and by virtue of the authority conferred by the customs administrative act of 1890, as amended by the act of August 5, 1909, reenacted in the tariff act of October 3, 1913, and for the purpose of hearing appeals in both classification and reappraisement cases at ports other than the port of New York, the following dockets therefor are hereby promulgated:

Whenever it shall appear to the president of the Board of General Appraisers that there are not pending at any port in the schedule herein a sufficient number of cases to warrant the visit of a general appraiser, or for other sufficient cause, he will, after due notice, extend the time appointed for such dockets to a future day. Whenever a docket day herein fixed falls upon a holiday such docket will be called upon the day following.

Said dockets and each of them will be called at the hour designated in the notice of hearing of the day appointed in the above schedule, and all pending cases be heard or set for trial as the general appraiser in attendance may direct.

Upon transmittal of records from ports other than New York to the Board of General Appraisers in cases in which local hearings are to be had the sample will, after being properly carded (Cat. No. 183 or 184) for identification with such records, be retained `in the local office for use at such hearings, and thereafter be immediately indorsed with the board numbers and transmitted with such records to the Board of General Appraisers.

JERRY B. SULLIVAN,

President General Board of United States General Appraisers.

(T. D. 38982.) Special agents.

Changes in the status of the special agency service, United States customs. TREASURY DEPARTMENT, January 23, 1922. The following change in the status of the special agency service, United States customs, is hereby ordered, effective February 1, 1922:

1. In accordance with the provisions of sections 2649 and 2651 of the Revised Statutes, the direction of the work relating to the examination of the books, papers, and accounts of collectors and other officers of customs and to the prevention of frauds on the customs revenue shall hereafter be performed by an officer of the special agency service to be named by the Assistant Secretary in charge of revenue.

2. The officer so named shall, on February 1, 1922, assume administrative direction of the special agency service, including special agents, customs agents, Treasury attachés, and other employees of the special agency service in Washington and in the field.

3. The officer performing these duties shall report to the Assistant Secretary in charge of revenue and operate under his immediate supervision.

4. The Chief of the Division of Customs shall cooperate with and assign to the directing agent the services of employes of the Customs. Division as may be necessary for the conduct of the Washington office of the special agency service.

5. There is hereby set aside from the appropriation for the expense of collecting the revenue from customs for the fiscal year 1922, $200,000, this sum to be inclusive of the unexpended balance of the allotment of $200,000 annually made in the sundry civil appropriation bill "for the prevention and detection of frauds upon the customs revenue," the moneys so set aside to be expended during the remainder of the fiscal year 1922 for salaries and traveling expenses of the special and customs agents in Washington and in the field, Treasury attachés in the foreign service, and the necessary office and clerical assistants in Washington and in the field.