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On coffee, pepper, and sugars.
877. For the establishment of uniformity therein, hereafter the tares to be allowed on Coffee, Pepper, and Sugars, (other than loaf sugar,) are to be computed by the short hundred, or 100 lbs., instead of 112 lbs.: C''s cir. 22d March, 1793; V.1, p. 43.
On refined sugar,
878. On refined Sugar, a deduction of four cents for tare is to be allowed on each loaf: C's cir. 24th December, 1801; V. 1, p. 209.
879. On all articles subject to specific duties, and usually imported in packages, tare is to On all goods in be allowed “according to the invoice thereof, or to the actual weight:" C's cir. 21st packages. March, 1805; V.1, p. 231.
880. An abatement of 21 per cent., for leakage, is to be allowed on spirits distilled in the Leakage, on domes
tic spiriis, for exporUnited States, and to be considered in estimating the drawback upon exportation: S's cir. tation. 27th August, 1792; y.1, p. 124.
Breakage, on wine in bottles, imported.
881. Whether the estimate of 24 gallons for every 12 bottles includes the allowance of 5 per cent. breakage on wine imported in bottles, it requires a uniformity of practice at different ports wbich is not observed: C's cir. 19th November, 1825; V. 2, p. 429.
882. The allowance of 10 per cent., for breakage, on Beer, Ale, or Porter, and 5 per On all other liquors cent. on all other liquors imported in bottles-how to be computed or ascertained: C's cir. imported in bottles. 12th April, 1827; V.2, p. 456.
883. As it appears to have been an established usage of trade to allow a per centage, Shrinkage, of 5 per not exceeding 5 per cent., as shrinkage, in the measure of Broadcloths, and as the Collec- cent, on the meas tion law provides that the ad valorem rates of duty shall be estimated on the actual cost of the goods, such allowance may therefore be continued, as being deemed reasonable: S's cir. 9th September, 1828; V. 2, p. 202.
884. (There being some diversity in the practice at different ports in computing the al- ---said allowance is
forbidden with exceplowance of 5 per cent., which it is the usage of trade to make on the measure of Broad- tions. cloths, on account of a supposed shrinkage as its basis, such allowance is not to be made hereafter, ercept where the actual measurement of the packages do not hold out with the Invoices, or, where the Invoices are made out without reference to such deduction: S's cir. 8th August, 1829; V.2, p. 223.)
885. The allowance for Leakage, Wasteage, Shrinkage, &c., as ascertained by gauge, Said allowances, if weight, or measure, when made in reference to drawback, is to be calculated at the time of back, when computed. exportation of such goods: C's cir. 20th June, 1829; V.3, p. 23.
886. Allowance for damage, in estimating the value of goods as the basis of Duties,) can only be made upon certificate of appraisers that such damage took place during the voyage of importation: S's cir. 11th November, 1791; V.1, p. 98.
Damage of goods, allowed, if during voyage :
887. Allowances for damaged goods suggest the inquiry, whether proof of the damage -proof of, when to be
made. sustained by merchandise should be lodged, before the goods are taken from the public
-proof of, when to be stores under the control of the Custom-house officers, to entitle them thereto. C's cir. 15th made.
July, 1825; V.2, p. 423.
888. The aforesaid query is decided “upon mature deliberation, that "if proof of damage be lodged within ten days after the landing of the goods, allowance is authorized by law, although the goods may have been previously removed to the stores of the importers:" C": cir. 15th August, 1826; V.2, p. 448.
889. Allowances for the damage of goods is not to be made, unless the damage occurred during the voyage of importation; (just as the Secretary said, 11th of November, 1791]: C's cir. 8th March, 1842; V.3, p. 936.
On damaged Iron, 890. Appraisers, instead of ascertaining the actual damage sustained by Iron during the on a wrong principle : voyage of importation, wrongfully and improperly make an aggregate allowance of 20 per
cent: C''s cir. 8th February, 1830; V.3, p. 47.
891. Further instructions in relation to damaged Iron, for ascertaining the allowance proper to be made for damage sustained during its voyage of importation: C's cir. 29th May, 1839; V.3, p. 739.
892. Discounts on merchandise, upon entry by consignees in the United States, are not
counts be made on the face of the Invoice, by the exporter or shipper abroad: C's cir. 27th
oath of fact, sufficient :
893. The aforesaid instruction is confirmed, with certain qualifications, referring to the act of the 20th April, 1818, which requires that oath be made to the fact that the discounts were bona fide allowed in the payments for the goods, &c.: C's cir. 19th May, 1818; V. 1, p. 388.
-unlimited discretion 894. The Comptroller informs the Collectors, that upon consultation with the Secretary
in all cases where the Collector is satisfied of their correctness and fairness: C's cir. 27th
Deficiency in quan- 895. The law does not provide for the allowance of an abatement of duties where there tity of goods invoiced, is a deficiency in quantity of the goods; but it is usual, when a deficiency has been disdisallowed.
covered before the packages were removed from the custody of the officers of the Customs,
(52.) There is no evidence that the Collectors have ever been “ otherwise instructed;" hence a wide range has been left them for a diversity of practice, according to the varying views of each Collector, as to what would satisfy him respecting the fairness of the alleged “discount" claimed to be allowed, and consequent opportunities for individual speculation therein, derogatory to a uniform administration of the law. This allowance of “discount" is not entirely unlike the allowance authorized to be made, without direction of law, of the “ · bounties" given by the British Government to encourage the exportation of British Goods, as already noticed in a note on No. 645, ante. It appears to be well worthy of question on the subject of these two descriptions of allowances, whether a cargo imported as a present to persons in the United States, (that is, costing them nothing,) would be entitled to entry free of duty? A negative answer would settle the propriety of tho other two allowances.
to authorize a corresponding abatement in the duties; though in no instance where the discovery was not made before such removal: C's cir. 15th August, 1826; V. 2, p. 448.
Deficiency in quantity of goods invoiced, disallowed.
(6.) Of the collection of Duties in general, bonded or cash, and abatements thereof, by discounts for prompt payment. 896. The Secretary of the Treasury calls on Collectors for a statement of the amount of
of, collected, due, and Duties received, Duties due, and Duties not due: S's cir. 14th September, 1789; V.1, p. 1. not due :
897. The Secretary of the Treasury decides affirmatively the question, whether Duties --demandable before
organization of the are demandable prior to the organization of the Custom-houses in the respective Collection Custom-houses, Districts; and gives instructions to institute suit, if payment be contested: S's cir. 31st October, 1789; V.1, p. 24.
898. Duties on cargoes not paid at the end of any quarter are to be carried to the "Ac- Duties aceruing but
not collected in a quarcount Current" of the next quarter; whenever this deficiency occurs in part in the pay- ter, to go to account of
next quarter, with exments on a particular cargo, the whole duties on which are included in the quarterly ab
planation : stract, it will be proper to accompany the abstract with an account of the particulars of such deficiency: C's cir. 1st December, 1789; V.1, p. 4.
899. (In order to avoid the consequences of mistakes, and the confusion that arises from -said old rule altered: crediting in the body of your account current at the end of a quarter duties not actually received, that practice will be discontinued, and in lieu of it you will enter such unpaid duties, short, as duties unascertained, and bring them forward in the next quarterly account as ascertained duties accruing in the previous quarter: S's cir. 27th March, 1844; V.3, p. 346.)
900. (The preceding instruction to Collectors of the 27th March last is revoked, and the -old rule reinstated. old rule reinstated: S's cir. 15th August, 1844; V. 3, p. 357.)
901. The Secretary recurs to his instructions of the 31st October last, to institute suit, ties accruing previous
Collection of Dushould the collection of Duties accruing previous to the organization of the Custom-houses to organization, by test
suit. be contested; and now directs the Collectors, each, to let the issue rest on one suit in the first instance, as that may settle the principle: S’s cir. 30th December, 1789; V. 1, p. 41.
902. Irregularity in the collection of Duties on Wines, Teas, and Brass in shects, plates, Irregularity in the and pigs, is complained of, and the correction pointed out: S's cir. 6th August, 1792; V. Wines, &c. 1, p. 123.
903. The cash payments required of all Duties of $50, or under, are repealed, except in relation to Salt, West India produce, Wines, and Teas: S’s cir. 6th Aug., 1792; V.1,p.123.
Certain cash Duties under $50_-repealed.
904. The terms of credit for Duties on China Silks, brought into the United States from Terms of credits althe West Indies, are stated; and for Duties on European goods (other than Salt, Wines, lowed on certain im
ports. and Teas) imported from Peru or Chili, shall, in both cases, be one-third in eight months, one-third in ten months, and one-third in twelve months: C's cir. 15th October, 1828; V. 2, p. 587.
905. Duties on Wool, on manufactures of Wool, or of which Wool is a component part, ale
Duties on Wool,
and Woollen goods, required by the 6th section of the act of 14th July, 1832, to be paid in cash, without "discash, or to be secured by deposite of goods count” for cash payment; or, at the option of the importer, the goods may be placed in the at 3 and 6 months credit:
public stores, under certain regulations, and be allowed a credit of three and six months: C's cir. 12th August, 1833; V.3, p. 412.
-said cash Duties to be collected by Deposite Banks:
906. As the abolishing of credit for Duties on Wool and Woollen goods will greatly increase the cash payments, Collectors are instructed to make arrangements for those payments by merchants direct into the Deposite Banks, whose certificates of deposite to the credit of the Treasurer will be evidence that the payments have been made to the credit of the Collector also: S's cir. 5th April, 1834; V. 3, p. 9.
Duties on articles 907. A diversity of practice existing at some of the ports, in regard to the payment of DuWoollens, not to be ties on certain articles imported, Collectors are instructed not to exact cash payments on any exacted in cash.
articles not subjected to cash by law, or the orders of the Department, as in the case of Wool and manufactures thereof: C's cir. 12th October, 1840; V.3, p. 847.
DISCOUNTS - for prompt payment of Duties :
908. The allowance or discount (of 10 per cent. under the Collection law of 1789) for prompt payment of Duties, is forbid to be made on the payments, however short, after bonds for duties have been taken: S''s cir. 6th October, 1789; V.1, p. 10.
two modes of calcu- 909. The Secretary of the Treasury presents to Collectors two methods of calculating lating the same:
the allowance of 10 per cent. to be deducted for prompt payment of duties; and though his judgment is in favor of the first, he gives preference to the second, on account of its greater usage and general acceptance in practice: S's cir. 30th November, 1789; V.1, p. 30.
Labstract of, to be returned quarterly :
910. An abstract of the discounts” allowed by Collectors for prompt payment of duties is to be returned quarterly to the Treasury, according to form prescribed: C's cir. 1st December, 1789; V.1, p. 5.
- with certificates of said allowances :
911. Certificates of the same are to be given by the persons to whom the discounts are allowed for prompt payments: C's cir. 1st December, 1789: V. 1, p. 5.
-to be computed on 912. The said allowance of 10 per cent. for prompt payment of duties is, in all cases, to the excess over $50 of duty :
be confined to the excess over $50, which sum is first to be deducted, and the allowance made for the prompt payment of the residue: S's cir. 27th February, 1790; V. 1, p. 44.
discount, reduced 913. Discounts (being reduced) at the rate of 4 per cent. per annum are allowed, on the to 4 per cent. per annum of the credit legal term of credit, for prompt payment of duties accruing to the amount of $50, or upgiven, and accounted for as formerly :
wards; of which discounts an abstract is to be rendered quarterly, accompanied with the certificates of the persons to whom the discounts are allowed: C's cir. 11th March, 1823; V.2, pp. 215, 237.
-questions thereon settled :
914. Respecting discounts for prompt payment of duties, sundry questions are propounded, and settled: C's cir. 25th August, 1823; V.2, p. 270.
-after discount is deducted, retention for
915. Discounts allowed for prompt payments of duties are to be deducted, in the first place, from the total amount of duties, (over the previous deduction of $56, mentioned and reiterated above,) and then the usual retention is to be made from the remainder in the drawback to be com
puted : cases entitled to drawback: C's cir. 10th February, 1826; V.2, p. 433.
on cash payments for woollen
916. Discounts of 4 per cent. for cash payments of duties on goods other than Woollen –discount goods, are not repealed by the Tariff act of 14th July, 1832; but discount for cash payments goods ceased, under on Wool and Woollen goods, in pursuance of said act, ceases of course: C's cir. 19th act of 1832 : March, 1833; V. 3, p. 373.
917. Discounts that have been allowed for cash payments of duties are to be retained from –discounts paid are
to be retained out of the drawbacks that may afterwards be paid, or from the duties that may be refunded, on
drawbacks or refund
ed duties. the same goods: C's cir. 8th April, 1833; V. 3, p. 384.
918. Inquiry is made of Collectors respecting certain nominal discounts (said to be the What are nominal usage of trade) which were allowed on Earthenware lately imported from England: C's cir. discounts on goods im
ported. 14th September, 1836; V.3, p. 551.
(c.) Of Duty Bonds—embracing instructions for the taking and the collection of said Bonds, and for the keeping
of the accounts, and making the weekly, monthly, and quarterly returns of the same, to the Treasury.
919. Of Bonds for duties, both outstanding and liquidated, two accounts are required to Of Duty Bondsbe kept, one for each class, according to forms prescribed, and quarterly abstracts of them outstanding and liqui
dated-quarterly reto be returned to the Treasury: C's cir. 1st December, 1789; V.1, p. 8.
turns are required.
920. A monthly schedule of liquidated Bonds, according to form prescribed, is required to be returned to the Treasury: C's cir. 1st December, 1789; V.1, p. 9.
Monthly schedule of liquidated bonds, required :
to be sued forth with :
921. Duty Bonds now falling due for the first time, (since the adoption of a system of -unliquidated bonds, Revenue under the new Constitution, the Secretary deens it proper thus promptly to give instruction to Collectors to institute suit against delinquents, without delay, in every instance in which payment is not made at maturity: S's cir. 15th December, 1789; V.1, p. 36.
922. When Bonds are taken for duties on the whole or part of a cargo, they are to be taking and numbernumbered progressively to the end of the year, corresponding with the number of the mani- ing Duty Bonds : fest of the cargo, No. 1 beginning with the year: C's cir. 28th April, 1791; V. 1, p. 19.
923. A monthly list or account (according to form transmitted) of Bonds not punctually --monthly schedule of
liquidated and unliquipaid is required to be stated at the foot of the monthly schedule of liquidated Bonds; and, dated Bonds: if there be none unpaid, state the fact: S''s cir. 21st September, 1791; V.1, p. 97.
924. In all cases of Bonds being put in suit for non-payment at maturity, the names of -on the instituting of the defendants must be transmitted to Collectors of the neighboring Districts, in order that fendant is suspended :
suit, the credit of defuture credits be refused them according to law; and, on the discharge of such Bonds, the corresponding information must also be given: S's cir. 6th February, 1792; V.1, p. 105.
925. A form is transmitted of returns to be made quarterly of Bonds taken in a District, -quarterly returns of (and remaining uncancelled,) to secure the bonding of duties upon goods intended to be bonding of duties in landed in another District: S's cir. 10th May, 1792; V.1, p. 117.