Page images
PDF
EPUB

(T. D. 31695 of June 16, 1911), on beechnut chewing gum manufactured by the Beech-Nut Packing Co. of Canajoharie, N. Y., with the use of imported refined and crude chicle and refined sugar made from imported raw sugar.

The quantity of refined sugar which may be taken as a basis for estimating the drawback accruing and the quantity of chicle on which drawback shall be paid may equal the quantity appearing in the exported gum, as shown by the sworn statement of the manufacturers, dated January 24, 1913, which is herewith inclosed for filing in your office, with an addition of 40 per cent of the chicle appearing in the exported gum for waste where crude chicle is used and 2 per cent of the chicle appearing in the exported gum where refined chicle is used.

[blocks in formation]

Drawback on aluminum ingots manufactured by the United Aluminum Ingot Co., of New York, N. Y., from imported sheet aluminum.

TREASURY DEPARTMENT, March 8, 1913.

SIR: Drawback is hereby allowed under section 25 of the tariff act of August 5, 1909, and the regulations promulgated thereunder (T. D. 31695 of June 16, 1911), on aluminum ingots manufactured by the United Aluminum Ingot Co., of New York, N. Y., from imported scrap, cake, and oxide aluminum and clippings from imported sheet aluminum.

A special manufacturer's record shall be kept, which shall show, in addition to the usual data, the quantity of scrap, cake, and oxide aluminum and the quantity of clippings from imported sheet aluminum used in the manufacture of each lot of ingots, stated separately, and the weight of the aluminum ingots produced. An abstract from such manufacturing record shall be filed with each drawback entry.

The allowance shall not exceed the quantity of aluminum used in the manufacture of exported ingots, as shown by the abstract from the manufacturing record.

The sworn statement of the manufacturers, dated February 20, 1913, is transmitted herewith for filing in your office.

Respectfully,
(97916.)

COLLECTOR OF CUSTOMS, New York.

JAMES F. CURTIS,

Assistant Secretary.

(T. D. 33255.)

Drawback on dry-cell batteries.

Drawback on dry-cell batteries manufactured by the Manhattan Electrical Supply Co., of Jersey City, N. J., with the use of imported sal ammoniac.

TREASURY DEPARTMENT, March 10, 1913.

SIR: Drawback is hereby allowed under section 25 of the tariff act of August 5, 1909, and the regulations promulgated thereunder (T. D. 31695 of June 16, 1911), on dry-cell batteries manufactured by the Manhattan Electrical Supply Co., of Jersey City, N. J., with the use of imported sal ammoniac.

The allowance shall not exceed the quantity of sal ammoniac used in the manufacture of the exported batteries, as shown by the sworn schedule of the manufacturers, dated January 29, 1913, which is transmitted herewith for filing in your office.

Supplemental sworn schedules covering other dry-cell batteries manufactured by this company may be filed, and upon verification thereof drawback may be allowed.

[blocks in formation]

Drawback on cigarettes manufactured by the Crescent Tobacco Co., of New York, N. Y., with the use of imported Turkish tobacco.

TREASURY DEPARTMENT, March 10, 1913. SIR: Drawback is hereby allowed under section 25 of the tariff act of August 5, 1909, and the regulations promulgated thereunder (T. D. 31695 of June 16, 1911), on cigarettes designated as "Brighton Club" cigarettes, manufactured by the Crescent Tobacco Co., of New York, with the use of imported Turkish tobacco.

The allowance shall not exceed the quantity of imported Turkish tobacco used in the manufacture of the exported cigarettes, as shown by the sworn statement of the manufacturer, dated February 20, 1913, which is transmitted herewith for filing in your office.

Supplemental sworn schedules may be filed covering other brands of cigarettes manufactured by this company with the use of imported tobacco, and upon verification thereof drawback may be allowed.

Respectfully,

(97911.)

COLLECTOR OF CUSTOMS, New York.

JAMES F. CURTIS,

Assistant Secretary.

(T. D. 33257.)

Common carrier.

Approving new bond of Erie Railroad Co. as a common carrier of dutiable merchandise and for the lading and unlading of bonded goods under the act of February 13. 1911.

TREASURY DEPARTMENT, March 10, 1913. SIR: The bond, in duplicate, transmitted with your letter of the 4th instant, of the Erie Railroad Co. as a common carrier for the transportation of dutiable merchandise and for the lading and unlading of bonded goods under the act of February 13, 1911, said bond being in lieu of that of the company named approved December 19, 1907, has been approved, and one copy thereof is inclosed herewith to be placed upon the files of your office.

You should note the fact and date of the rebonding of the company upon the copy of the bond approved as above stated, December 19, 1907, and retain the same in your possession without cancellation to meet any liability which may have accrued thereunder.

Respectfully,
(18565.)

COLLECTOR OF CUSTOMS, New York.

JAMES F. CURTIS,
Assistant Secretary.

(T. D. 33258.)

Copyright-Films- Moving pictures-Piratical copies.

Regulations governing the importation of moving-picture films under the copyright act of March 4, 1909.-T. D. 31754 of July 17, 1911, modified.

TREASURY DEPARTMENT, March 10, 1913.

To collectors and other officers of the customs:

Attention is invited to section 30 of the copyright act of March 4, 1909, as follows:

That the importation into the United States of any article bearing a false notice of copyright when there is no existing copyright thereon in the United States, or of any piratical copies of any work copyrighted in the United States, is prohibited.

The following regulations governing the importation of movingpicture films are hereby promulgated for the guidance of officers of the customs:

1. A "piratical copy" of a film is defined as a film which constitutes either an actual copy or a substantial reproduction of a legally copyrighted film produced and imported in contravention of the rights of the copyright proprietor.

2. Collectors will admit to entry imported films concerning which either (a) adverse copyrights are claimed by parties in interest, or (b) an infringement only is claimed by a copyright proprietor other than the importer. In such cases the copyright claimants will be remitted to their rights at law or in equity.

3. Collectors will not permit entry of imported films concerning which either (a) representations are made that they are piratical copies and such representations are not denied by the importers, or (b) if the ccllector is satisfied they do, in fact, constitute piratical copies as above defined.

4. Collectors will detain films covered by the preceding regulation and report the facts to the department for instructions.

5. If the collector is not satisfied that an imported film is a piratical copy, and the importer files an affidavit denying that it is in fact such a piratical copy, and alleging that the detention of the film will result in a material depreciation of its value or loss or damage to him, the film will be admitted to entry, unless a written demand for its exclusion is filed by the copyright proprietor or other party in interest, setting forth that the imported film is a piratical copy of a film legally copyrighted in the United States, and unless there is also filed with the collector a good and sufficient bond conditioned to hold the importer or owner of such film harmless from any loss or damage resulting from its detention in the event that the same is held by the department not to be prohibited from importation under section 30.

6. Upon the filing of such demand and bond the collector will cause the film to be detained, and will fix a time at which the parties in interest may submit evidence to substantiate their respective claims, which evidence shall be reduced to writing at the expense of the parties in interest and transmitted by the collector to the department, with such report and recommendation as he may deem proper.

7. No film will be presumed to be prohibited from entry as a piratical copy under said act, and the burden of proof that any film is in fact a piratical copy will be upon the party making such claim. 8. If the film is held by the department to be a piratical copy, its seizure and forfeiture will be directed in accordance with section 32 of the copyright act, and the bond will be returned to the copyright proprietor, but if not so held, the collector will be directed to release the film and transmit the bond to the importer.

9. Regulations contained in T. D. 31754 of July 17, 1911, so far as they relate to moving-picture films, are hereby modified accordingly.

(88725-4.)

JAMES F. CURTIS, Assistant Secretary.

(T. D. 33259-G. A. 7442.)

Coal-tar oils-Carbolineum avenarius.

Coal-tar oils known under the trade name of Carbolineum avenarius, showing residues in the processes of distillation ranging from 58.6 to 86.8 per cent, and zinc and chlorin ranging from eight to thirty one-hundredths of a per cent at 350° C., are not dead or creosote oils, but are products or preparations of coal tar not specially provided for in the tariff act of August 5, 1909, and as such are subject to duty at 20 per cent ad valorem under the provisions of paragraph 15 thereof.— T. D. 31093 cited; G. A. 7240 (T. D. 31719) cited and distinguished; G. A. 7378 (T. D. 32653) and Downing v. United States (123 Fed., 1000) cited and followed.

United States General Appraisers, New York, March 3, 1913.

In the matter of protests 480666, etc., of T. D. Downing & Co. et al. against the assessment of duty by the collector of customs at the port of New York.

Before Board 1 (SHARRETTS, MCCLELLAND, and CHAMBERLAIN, General Appraisers). MCCLELLAND, General Appraiser: The merchandise, the classification of which by the collector is contested by these protests, was assessed for duty at the rate of 20 per cent ad valorem under paragraph 15 of the tariff act of 1909, and it is claimed that free entry thereof should have been allowed either under paragraph 536 or 669, and if not entitled to such free entry then that duty should have been assessed at only 10 per cent ad valorem under paragraph 480. It is very evident that the claims under paragraphs 669 and 480 are not relied upon, or at least that there is no evidence to support either of them, and they are therefore dismissed.

The two remaining paragraphs to be considered are as follows:

15. Coal-tar dyes or colors, not specially provided for in this section, thirty per centum ad valorem; all other products or preparations of coal tar, not colors or dyes and not medicinal, not specially provided for in this section, twenty per centum ad valorem.

536. Coal tar, crude, pitch of coal tar, and products of coal tar known as dead or creosote oil, benzol, toluol, naphthalin, xylol, phenol, cresol, toluidine, xylidin, cumidin, binitrotoluol, binitrobenzol, benzidin, tolidin, dianisidin, naphtol, naphtylamin, diphenylamin, benzaldehyde, benzyl chloride, resorcin, nitro-benzol, and nitrotoluol, naphtylaminsulfoacids and their sodium or potassium salts, naphtolsulfoacids and their sodium or potassium salts, amidonaphtolsulfoacids and their sodium or potassium salts, amidosalicylic acid, binitrochlorbenzol, diamidostlbendisulfoacid, metanilic acid, paranitranilin dimethylanilin; all the foregoing not medicinal and not colors or dyes.

The sole question for determination is whether the merchandise is a product of coal tar known as dead or creosote oil. If it is not so in fact, and is not so known, it follows from its very nature and derivation that duty was properly assessed at the rate of 20 per cent under paragraph 15, supra.

Reports of analyses of the merchandise made by the official chemist of the appraiser's office at the port of New York are in evidence as Exhibits A and B following:

« PreviousContinue »