(T. D. 31695 of June 16, 1911), on ladies' undergarments manufactured by Nelson & Landsberg, of New York, N. Y., with the use of imported laces and embroideries. An abstract from a special manufacturing record shall be filed with each drawback entry, which shall show, in addition to the usual data, the quantity, style, width, and value of the imported laces and embroideries appearing in the exported garments. Such abstracts from the manufacturing record shall be verified whenever, in the judgment of the collector, a verification thereof may be deemed advisable. The allowance shall not exceed the quantity of imported laces and embroideries appearing in the exported undergarments, as shown by the abstracts from the manufacturing record. The sworn statement of the manufacturers, dated April 10, 1913, is transmitted herewith for filing in your office. Regulation 5 of the regulations of the Secretary of Agriculture under the plant quarantine act of August 20, 1912 (T. D. 33071), amended relative to permits for the entry of nursery stock, etc. TREASURY DEPARTMENT, April 23, 1913. To officers of the customs and others concerned: The appended plant quarantine decision No. 2, amending regulation 5 of the regulations of the Secretary of Agriculture under the plant quarantine act of August 20, 1912 (T. D. 33071), is published for the information and guidance of customs officers and others concerned. (92655-19.) JAMES F. CURTIS, Assistant Secretary. UNITED STATES DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, FEDERAL HORTICULTURAL Board. PLANT QUARANTINE DECISION No. 2. The Federal Horticultural Board recommends that regulation 5 of the rules and regulations for carrying out the plant quarantine act, published in Circular No. 41, Revised, Office of the Secretary, be amended by the addition of the following: Permits for the entry of nursery stock or other plants and plant products of any grower or exporter may be refused and existing permits may be canceled on proof that such grower or exporter has knowingly shipped into the United States any nursery stock or other plants and plant products the importation of which is forbidden by the Secretary of Agriculture under the authority conferred by section 7 of this act. Regulation 5, as amended, shall become and be effective on and after April 15, 1913, and the regulation in full shall read as follows: REGULATION 5-PERMITS FOR ENTRY OF NURSERY STOCK. (Section 1.) On approval by the Secretary of Agriculture of an application for the importation of nursery stock from countries which maintain nursery-stock inspection a permit will be issued in triplicate. One copy of the permit will be furnished to the applicant, one copy will be mailed to the collector at the port of entry, and the third filed with the application. Permits will expire on the 30th day of June of the year following the date of issue. They will be in the following form: SIR: You are hereby authorized, so far as the jurisdiction of the Department of Agriculture is concerned, to permit the importation under "The plant quarantine act, August 20, 1912," of the nursery stock specified in the application of dated described herein, provided each shipment is accompanied by the certificate of inspection and the shipper's declaration certified by an American consular officer in conformity with the rules and regulations made for the enforcement of the act. Evergreen trees other than conifers. Evergreen shrubs other than conifers. Field-grown florists' stock not otherwise listed. Stocks, cuttings, or seedlings not otherwise listed. Name and address of exporter Name and address of importer Respectfully, Executive Officer. Countersigned: JAMES WILSON, Secretary of Agriculture. Permits for the entry of nursery stock from countries which do not maintain official nursery-stock inspection will be addressed to the collector of customs in the following form: To the Collector of Customs, You are hereby authorized, so far as the jurisdiction of the Department of Agriculture is concerned, to permit the importation under "The plant quarantine act, August 20, 1912," of the nursery stock specified in the application of, dated described herein, only upon receipt of notice in writing from an inspector of the Department of Agriculture that the nursery stock has been inspected by him or under his direction at the port of arrival and was found or believed to be free from injurious plant diseases and insect pests. (See regulation 6 for entry of nursery stock from countries having no official system of nursery inspection.) Permits are not required for nursery stock entering the United States for immediate transportation in bond to foreign countries. Permits for nursery stock entered for immediate transportation to interior points in bond are required only at point of entry. Permits for the entry of nursery stock or other plants and plant products of any grower or exporter may be refused and existing permits may be canceled on proof that such grower or exporter has knowingly shipped into the United States any nursery stock or other plants and plant products the importation of which is forbidden by the Secretary of Agriculture under the authority conferred by section 7 of this act. C. L. MARLATT, A. V. STUBENRAUCH, Approved: B. T. GALLOWAY, Acting Secretary of Agriculture. WASHINGTON, D. C., April 4, 1913. (T. D. 33357.) So-called alizarin assistant. Appeal directed from the decision of Board of General Appraisers of March 26, 1913, Abstract 31810 (T. D. 33304), involving the classification of so-called alizarin assistant. TREASURY DEPARTMENT, April 23, 1913. SIR: I have to acknowledge the receipt of your letter of the 19th instant in regard to the decision of the Board of United States General Appraisers of March 26, 1913, Abstract 31810 (T. D. 33304), involving the classification of so-called alizarin assistant. In view of the importance of the issue, you are hereby requested to file, in the name of the Secretary of the Treasury, an application with the United States Court of Customs Appeals for a review of the said decision, in accordance with the provisions of subsection 29 of section 28 of the tariff act of August 5, 1909. Respectfully, JAMES F. CURTIS, ASSISTANT ATTORNEY GENERAL, New York. (T. D. 33358.) Basket bags of bamboo and silk. Appeal directed from the decision of Board of General Appraisers of March 21, 1913, Abstract 31800 (T. D. 33291), involving the classification of basket bags of bamboo and silk. TREASURY DEPARTMENT, April 23, 1913. SIR: I have to acknowledge the receipt of your letter of the 19th instant, inviting attention to the decision of the Board of United States General Appraisers of March 21, 1913, Abstract 31800 (T. D. 33291), wherein it was held that basket bags of bamboo and silk, which had been assessed with duty at the rate of 60 per cent ad valorem as manufactures of silk under paragraph 402 of the tariff act, were properly dutiable at the rate of 35 per cent or 40 per cent ad valorem as baskets under paragraph 214 of the said act. In view of the importance of the issue, you are hereby requested to file, in the name of the Secretary of the Treasury, an application with the United States Court of Customs Appeals for a review of the said decision, in accordance with the provisions of subsection 29 of section 28 of the tariff act of August 5, 1909. Respectfully, JAMES F. CURTIS, ASSISTANT ATTORNEY GENERAL, New York. (T. D. 33359.) Castor and other oils in combination. Appeal directed from the decision of Board of General Appraisers of February 28, 1913, Abstract 31592 (T. D. 33263), involving the classification of blown, castor, and other oils. TREASURY DEPARTMENT, April 23, 1913. SIR: I have to acknowledge the receipt of your letter of the 19th instant in regard to the decision of the Board of United States General Appraisers of February 28, 1913, Abstract 31592 (T. D. 33263), involving the classification of merchandise which the appraiser reported to consist of blown, castor, and other oil, the percentage of castor oil in the combination being 72 per cent. In view of the importance of the issue, you are hereby requested to file, in the name of the Secretary of the Treasury, an application with the United States Court of Customs Appeals for a review of the said decision, in accordance with the provisions of subsection 29 of section 28 of the tariff act of August 5, 1909. Respectfully, JAMES F. CURTIS, ASSISTANT ATTORNEY GENERAL, New York. (T. D. 33360.) Form of certificate of official inspection of matches in T. D. 33127 will be used by the Norwegian Government and will be executed by Mr. L. Schmelck as Government inspector. TREASURY DEPARTMENT, April 24, 1913. To collectors and other officers of the customs: The Department of State has been informed by the Norwegian minister that his Government will use the form suggested in T. D. 33127 of January 27, 1913, for certifying the official inspection of matches and that such certificates will be executed by Mr. L. Schmelek, in his capacity of officially appointed controller of inspection. You will be governed accordingly. (92655-17.) JAMES F. CURTIS, Assistant Secretary. (T. D. 33361.) Wicker-covered bottles. Appeal directed from decision of the Board of United States General Appraisers of February 27, 1913, G. A. 7441 (T. D. 33241), involving the classification of botties bottles covered with wicker. TREASURY DEPARTMENT, April 28, 1913. SIR: I have to acknowledge the receipt of your letter of the 11th instant, inviting attention to the decision of the Board of United States General Appraisers of February 27, 1913, G. A. 7441 (T. D. 33241), involving the classification of bottles covered with wicker. In view of the importance of the issue, you are hereby requested to file, in the name of the Secretary of the Treasury, an application with the United States Court of Customs Appeals for a review of the said decision, in accordance with the provisions of subsection 29 of section 28 of the tariff act of August 5, 1909. Respectfully, JAMES F. CURTIS, ASSISTANT ATTORNEY GENERAL, New York. (T. D. 33362.) Abstracts of decisions of the Board of General Appraisers. Board 1.-- McClelland, and the President of the Board ex officio. Board 2.Fischer, Howell, and Cooper. Board 3.-Waite, Somerville, and Hay. Before BOARD 1, APRIL 21, 1913. No. 32076.-FISH IN TINS.-Protests 410713, etc., of H. W. Peabody & Co., and protests 419120, etc., of Alex. Roberts & Co. (New York), and protests 406794, etc., of E. H. Bailey & Co. (Philadelphia). Opinions by McClelland, G. A. United States v. Smith (T. D. 33312) and United States v. Rosenstein (1 Ct. Cust. Appls., 304; T. D. 31357) followed as to fish in tins. Protests sustained in part. No. 32077.—BASKETS.-Protests 621432-41960, etc., of Sears, Roebuck & Co. (Chicago). Opinion by McClelland, G. A. Protests sustained as to certain baskets claimed to be not colored and dutiable accordingly under paragraph 214, tariff act of 1909. |