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addressed to consular officers or agents of foreign countries, with covers so marked as to indicate their origin and bearing the official seal of a foreign Government.

I will therefore thank you to instruct postmasters throughout the United States accordingly.

A copy of this letter will be furnished to the Secretary of State, for the information of the British minister, in reply to a communication on the same subject.

Respectfully yours,

Hon. POSTMASTER-GENERAL.

A. B. NETTLETON,
Acting Secretary.

(10714.)

Marking, stamping, etc., of imported merchandise.

TREASURY DEPARTMENT, February 25, 1891.

SIR: Referring to Department Circular No. 136 of December 20, 1890, in regard to the "marking, stamping, branding, etc., of imported good and packages, under section 6 of the act of October 1, 1890,” paragraph 15 of which prescribes that "in the case of pencils, steel pens, toothbrushes, licorice stick, common crockery, etc., the law will be complied with if the cartons and packages containing the same are marked," I have to state that it has been represented to the Department that in the matter of the importation of steel pens frauds have been perpetrated on the American public by the introduction into this country of an inferior foreign pen bearing the impress of a superior domestic pen, and that the object of section 6, above referred to, was, among other things, to correct this abuse, and to require, as in the instance of steel pens, that each and every pen imported into this country should bear the impress of the country of origin, viz, "England," "France," "Germany," etc., which marking would at once readily distinguish such pens from the domestic pen, which of course would bear no foreign impress.

In view of such representations, which were not before this office at the time of the issuance of the above circular, and of the absolute provisions of the statute, which are, "that on and after the first day of March, eighteen hundred and ninety-one, all articles of foreign manufacture, such as are usually or ordinarily marked, stamped, branded, or

labeled, and all packages containing such or other imported articles shall, respectively, be plainly marked, stamped, branded, or labeled in legible English words, so as to indicate the country of their origin; and unless so marked, stamped, branded, or labeled, they shall not be admitted to entry," the Department is of opinion that all articles, small or large, including steel pens, etc., imported into the United States on or after March 1, 1891, which are usually or ordinarily marked, stamped, branded, or labeled, must be "plainly marked, stamped, branded, or labeled in legible English words, so as to indicate the country of their origin;" such importations, however, to receive the benefits of the instructions contained in Department's letter to you of the 20th instant, which are to the effect that as to goods which may arrive after the 1st of March next, but which were on shipboard prior to that date, and are not properly marked, such omission of marks should not, as a rule, be considered as a bar to the delivery of the goods, etc.

You will, therefore, cause such an examination to be made of importations of pens and other articles arriving on and after March 1, 1891, as shall positively determine that the goods are marked, etc., in accordance with the statute.

Paragraph 15 of Department's circular above referred to is according modified to meet the views herein set forth.

Respectfully yours,

COLLECTOR OF CUSTOMS, New York.

O. L. SPAULDING,

Assistant Secretary.

(10715.)

Refunds of excess of deposits.

TREASURY DEPARTMENT, February 27, 1891.

SIR: The Department is in receipt of your letter of the 18th instant, reporting upon the application of Messrs. G. Ainsinck & Co. for a return to them of certain moneys which were deposited in excess at the customhouse on the entry of certain imported merchandise, notwithstanding the fact that they are indebted to the Government on certain uncanceled customs bonds, which have been reported to the United States attorney for prosecution.

Your report that the only bonds of the applicants remaining uncanceled are six export bonds, which have not been disposed of because of the non-receipt of landing certificates, owing to "the imperfect under

standing of customs' and Department's requirements by the United States consul at Para;" that the applicants are a reputable house doing an extensive business, their transactions with your "office being in no way found open to criticism," and that, in your opinion, excess of deposits of unascertained duties are not affected by the act of March 3, 1875. (18 Stat., p. 481.)

After advising with the Solicitor of the Treasury, the Department inclines to the views expressed by you, that moneys deposited as unascertained duties are not affected by the said act, they being trust funds, and you are therefore authorized, under the circumstances mentioned, to grant the application and to return the moneys.

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Circular.-Marking of vessels' names and draught.

TREASURY DEPARTMENT,

Bureau of Navigation,

Washington, D. C., February 28, 1891.

To Collector of Customs and others:

Your attention is invited to the following act of Congress approved February 21, 1891, relating to the marking of vessels' names on the bow and stern, and providing for the marking of draught, viz:

AN ACT to amend section forty-one hundred and seventy-eight, Revised Statutes, in relation to the marking of vessels' names at bow and stern; and also to provide for marking the draught.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-one hundred and seventy-eight of the Revised Statute be, and the same is hereby, amended to read entire as follows:

"SEC. 4178. The name of every documented vessel of the United States shall be marked upon each bow and upon the stern, and the home port shall also be marked upon the stern. These names shall be painted, or carved and gilded, in Roman letters in a light color on a dark ground, or in a dark color on a light ground, and to be distinctly visible. The smallest letters used shall not be less in size than four inches. If any vessels of the United States shall be found without these names being so marked the owner or owners shall be liable to a penalty of ten

dollars for each name omitted: Provided, however, That the names on each bow may be marked within the year eighteen hundred and ninety

one.

"SEC. 2. The draught of every registered vessel shall be marked upon the stem and stern post, in English feet or decimeters, in either Arabic or Roman numerals. The bottom of each numeral shall indi

cate the draught to that line.

"The owner, agent, or master of every inspected sea-going steam or sail vessel shall indicate the draught of water at which he shall deem his vessel safe to be loaded for the trade she is engaged in, which limit as indicated shall be stated in the vessel's certificate of inspection, and it shall be unlawful for such vessel to be loaded deeper than stated in said certificate."

Masters of vessels should be notified, so far as practicable, of the requirements of the act.

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Morristown, in the collection district of Oswegatchie, N. Y., and Island Pond, in the collection district of Vermont, have been designated by the Secretary of Agriculture as quarantine stations in addition to stations mentioned in Synopsis 10639, for the purpose of inspection of neat cattle, etc., which may be imported from Canada.

[Omitted from January decisions.]
(10718.)

Animals for breeding purposes-Book of record necessary for free entry.

TREASURY DEPARTMENT, January 31, 1891.

SIR: The Department is in receipt of your letter of the 15th instant, in which you request refund of the duties levied on twelve Dorset horn ewes, imported by you at Buffalo, N. Y., on the 2d ultimo.

You state that they were not accompanied by certificates of registry, for the reason that there is no such book of record established for the breed, and that there can be no question as to the pureness of blood of the animals or of their being of a well-recognized breed.

In reply, I have to inform you that the provisions of paragraph 482 of the act of October 1, 1890, exempting animals specially imported for breeding purposes, provides that "no such animals shall be admitted free unless pure bred of a recognized breed, and duly registered in the book of record established for that breed," and that certificate of such record and of the pedigree of such animal shall be produced and submitted to the customs officer, duly authenticated by the proper custodian of such book of record, together with the affidavit of the owner, agent, or importer, that such animal is the identical animal described in said certificate of record and pedigree.

While the animals imported by you may be "pure bred of a recognized breed," the fact that no book of record has been established for that breed, and the manifest impossibility of producing the evidence prescribed by statute, deprives them of the right to free entry, and the Department must therefore decline to authorize a refund of the duty levied thereon.

Respectfully yours,

O. L. SPAULDING,

Assistant Secretary.

Mr. J. M. HAM, Washington Hollow, N. Y.

(10719.-G. A. 272.)

Japanned leather-Calfskins.

Before the U. S. General Appraisers at New York, January 26, 1891.

In the matter of the protest, 3405 a, of Bittel, Tepel & Eilers, against the decision of the collector of customs at New York as to the rate and amount of duties chargeable on certain patent leather, imported per Friesland, October 8, 1890.

Opinion by SHARRETTS, General Appraiser.

The appraiser reports that although the merchandise is commercially known as "patent leather," the skins had been subjected to a process of japanning. Duty was accordingly assessed upon them at 30 per cent. ad valorem, under paragraph 456 of the act of October 1, 1890. The importers claim that duty should have been exacted at not more than 20 per cent. ad valorem, under the provisions of the same paragraph.

Paragraph 456 provides for calfskins, tanned, or tanned or dressed upper leather, including patent, enameled, and japanned leather, dressed or undressed, * 20 per cent. ad valorem ; *** japanned

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