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tended for bait, but not immediately sold and distributed to fishermen, may be exempted from duty under the provision in the free list (paragraph 572, act of October 1, 1890) for "fish for bait."
It appears that parties in your city have purchased' a cargo of foreign frozen herring now on the way from Newfoundland, and that they request permission to store the same, after entry in their private store, until wanted in the trade.
It appears further that the storing of fish for bait is in accordance with the usages of the trade, and that, in your opinion, the granting of the request would be proper.
If you shall be satisfied that the fish in question is, in fact, “fish for bait," the same may, in the opinion of the Department, be exempted from duty, without regard to the mode of final distribution of such fish for use as bait. Respectfully yours,
0. L. SPAULDING,
Assistant Secretary. COLLECTOR OF CUSTOMS, Gloucester, Mass.
Musical instruments-Classification of.
TREASURY DEPARTMENT, March 17, 1891. SIR: The Department has been advised that a difference exists in the classification of certain musical instruments, viz, accordeons, zithers, flutes, picolos, concertinos, and mandolins, at the various ports, and for the purpose of securing uniformity of classification, I would suggest that the practice at New York, which is hereinafter specified, should be adopted at your port, leaving the importers, if dissatisfied, to their remedy by protest under the provisions of section 14, act of June 10, 1890.
These articles are dutiable at the rates imposed upon the component materials of chief value, and it is understood that accordeons are manufactured of metal, wood, and paper, always having metal as the component material of chief value; that flutes are manufactured sometimes wholly of wood and sometimes partly of wood and partly of metal, and that metal is the component of chief value when they have two or more keys, and when they have but one key wood is the component material of chief value. The same fact applies to picolos, which are manufactured, like flutes, with and without keys, and their classification would follow that of flutes. Concertinos are manufactured nearly of the same materials as accordeons and always have metal as the component material of chief value. Harmonicas always have metal as the component material of chief value, and when mandolins are invoiced at 15 marks and upwards they have metal as the component material of chief value, but when invoiced at less they have wood as the component material of chief value. Respectfully yours,
0. L. SPAULDING,
Assistant Secretary. COLLECTOR OF CUSTOMS, Boston, Mass.
Circular.-Marking of name, home port, and draught on vessels.
Bureau of Navigation,
Washington, D. C., March 17, 1891. To Collectors of Customs and others:
The following regulations are prescribed under the act of February 21, 1891, embodying, substantially, the recommendations of the International Marine Conference, relating to the marking of name, home .port, and draught on vessels, viz:
1. On vessels.called “double enders,” the letters prescribed by the statute may be placed on the parts corresponding to the bows and stern; and on vessels with sterns not affording sufficient space for letters, they will be placed on the adjacent parts, in both cases so as to conform to the law as closely as possible, and so that the home port shall be marked at one end of the vessel.
2. Scows, barges, or other vessels "scow-built," or with square bow, may have the name marked on the bow, instead of the side, where it would be speedily obliterated by chafing against other vessels, spiles, docks, etc.
3. If all the figures indicating the draught of registered vessels can not be placed on the sternpost they may be continued upward on the adjacent part.
4. The letters may be painted, gilded, or carved. If carved block or metallic letters are used they must conform to the requirements of the statute, and be so painted or gilded as to be "in a dark color on a light ground, or in a light color on a dark ground.”
5. Documented yachts are provided for by the act of March 3, 1883, which requires that such vessels "shall have the name and port placed on some conspicuous part of their hulls." The letters may be of the kinds and colors mentioned above.
WM. W. BATES,
Commissioner. Approved : A. B. NETTLETON,
Oircular.- Amending Circular No. 4 of January 8, 1891, entitled "Smelt
ing and refining imported ores and crude metals in bond."
TREASURY DEPARTMENT, March 18, 1891. "To Collectors and other Officers of the Customs :
Article 9 of the Department's Circular No. 4 of January 8, 1891, relative to the smelting and refining of imported ores and crude metals in bond, is hereby amended to read as follows, viz:
EXHIBIT A. 9. In case the operations of smelting and refining can not be carried on in a single establishment, the bonded warehouse shall be designated as a smelting warehouse, and the unrefined products or bullion obtained from the smelting of crude metals or ores in such warehouse may be removed therefrom for shipment to any refining works upon the payment of the duties on the quantity of crude metal or ore contained in the imported mass used in the smelting, or upon the production of a certificate from a collector of customs at a seaboard port, stating that a quantity of dutiable refined metal equal to 90 per cent. of the quantity indicated by the original assay has been actually exported by the owners of the bonded smelting warehouse or their agents, and that the metal so exported was shown by evidence satisfactory to the collector to have been produced in their bonded warehouse wholly or in part from imported ore or crude metal.
A. B. NETTLETON,
Marking of cutlery-Goods must be marked as ordinarily marked; i, e.,
if stamped, they must be stamped; if branded, they must be branded; if labeled, they must be labeled, etc.
TREASURY DEPARTMENT, March 18, 1891. Sir: The Department is in receipt of a letter from Mr. Wm. H. Osborn, of the "American Statistical Protective Bureau," dated New York, the 12th instant, in which, in behalf of Messrs. Landers, Frary & Clark, New Britain, Conn., The John Russell Cutlery Company, Furness Falls, Mass., and the Meriden Cutlery Company, Meriden, Conn., he calls the attention of the Department to the provisions of its circular of the 28th of January last (No. 14), as to the marking, stamping, branding, etc., of imported goods and packages, under section 6 of the act of October 1, 1890, and suggests that paragraph 21, which reads as follows: “Blades of carving-knives, if ordinarily marked, etc., should be marked with the name of the country of origin, which marking may be done by means of stamping, branding, or labeling," might be construed as authorizing the labeling of such carving-knives.
In regard thereto I have to state that the Department did not intend to convey any such impression, but is of opinion that where articles of foreign manufacture, required to be marked under the provision above referred to, were ordinarily stamped at the time of the passage of said act, the name of the country of origin should be stamped thereon; if branded, the name of the country should be branded thereon; or if labeled, the name of the country should be labeled thereon; and if marked in any other way, the name of the country should be marked in the same manner, but that goods which were ordinarily stamped at the time of the passage of said act can not be labeled except where the goods had been manufactured prior to the passage of that act, and the stamping or branding or otherwise marking is impracticable from the nature of the goods. Evidence should be required as to the date of manufacture of the articles which are not stamped or branded, etc., as above required. Respectfully yours,
o L. SPAULDING,
Assistant Secretary. COLLECTOR OF CUSTOMS, New York.
Delivery of sugar prior to April 1, 1891, shipped in bond to an interior port.
TREASURY DEPARTMENT, March 18, 1891. SIR : In reply to your letter of the 6th instant, I have to inform you that any part of a consignment of sugar shipped to your port in bond may be withdrawn for consumption prior to April 1 next, on proper withdrawal entries and payment of duty thereon.
Your port being a port of delivery under the immediate-transportation act, no objection is perceived to your delivering any portion of a consignment of this character prior to April 1, on payment of the proper rate of duty thereon, under the act of March 3, 1883, viz, 2.60 cents per pound, less the legal retention of 1 per cent. (Synopsis 8653.). Respectfully yours,
O. L. SPAULDING,
Assistant Secretary. SURVEYOR OF CUSTOMS, Peoria, IU.
Free entry wearing apparel and other personal effects—No warrant of law for
free entry of provisions for families and feed for teams of immigrants.
TREASURY DEPARTMENT, March 19, 1891. SIR: The Department is in receipt of your letter of the 14th instant, in which you inquire whether, under the statutes (paragraph 752, act of October 1, 1890) exempting from payment of duty "wearing apparel in actual use and other personal effects (not merchandise) of persons arriving in the United States," provisions for the use of such persons and their families can be admitted free of duty, and, if so, what amount.
You state that it has heretofore been the practice at your port to assess duty on all provisions brought in by immigrants except a trifling amount, and you suggest that immigrants should be allowed to bring in free of duty sufficient provisions for their families and feed for their teams to supply them for sixty days after their arrival in this country, so that they may be enabled to subsist until employment is secured.
In reply, I have to inform you that there is no warrant of law for the admission of such provisions and feed, and the Department is unable to authorize a change in the existing practice, which is in accordance with the requirements of the law.
The practice in force of collecting duties thereon should, therefore, be continued. Respectfully yours,
0. L. SPAULDING,
Assistant Secretary. COLLECTOR OF CUSTOMS, Ogdensburg, N. Y.
Smelting and refining ores in bond-Ores and metals must be kept separate
TREASURY DEPARTMENT, March 19, 1891. SIR: In answer to the questions stated in your letter of the 18th ultimo, relative to certain provisions of the regulations prescribed under section 24 of the act of October 1, 1890, for the smelting and refining of ores and metals in bond, the Department has to say:
1. After the arrival of any shipment of bonded ore or crude metals at any bonded smelting warehouse, it will be obligatory for the owners of the warehouse to keep such bonded ore or metal separate and dis