Opium-Continued.

Smoking Continued.

Aqueous extract of opium held to be smoking opium and the importation thereof prohibited. (T. D. 34598; June 29, 1914.)

Smuggling cases

Reward to informers: The payment of the reward for information furnished concerning violations of the provisions of the act of January 17, 1914, amending the opium act of February 9, 1909, shall be made by the court exercising jurisdiction in cases involving violations of the law mentioned. (T. D. 34452; May 16, 1914.)

Unlawful importation of—

The offense described in section 2 of the opium act of February 9, 1909, is committed when smoking opium is fraudulently and knowingly brought within the territorial limits of the United States. The offense is complete, although the opium may not have been landed from the ship. The offender's possession of smoking opium within the territory of the United States is sufficient evidence of guilt to justify a jury in convicting. United States v. Caminata, United States District Court, Eastern District of Pennsylvania, No. 12. March sessions, 1912. Motion for new trial; motion in arrest of judgment. Motions overruled. (T. D. 32397; Apr. 15, 1912.)

Act of Congress of February 9, 1909 (35 U. S. Stat. L., 614), prohibits the importation of opium into the United States except for medicinal purposes, under regulations, and section 2 provides that if any person shall knowingly import or bring into the United States any opium contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation and concealment or sale of such opium, or derivative therefrom, after importation, he shall be guilty of an offense. Held, that the offense described in section 2 is committed whenever smoking opium is fraudulently and knowingly brought by the offender within the territorial limits of the United States, the offense being complete, though the opium may not have been landed from the ship or carried across the customs lines. The said act of February 9, 1909 (35 U. S. Stat. L., 614), declares that whenever a defendant is shown to have or to have had possession of opium or a preparation thereof, such possession shall be deemed sufficient to authorize a conviction, unless defendant shall explain the same to the satisfaction of the jury. Held, that where the steward of a vessel bound for Philadelphia was found to have smoking opium in his possession as the vessel was proceeding up Delaware Bay, such possession was sufficient to sustain a conviction for violating the act. United States v. Caminata, District Court, Eastern District of Pennsylvania, March 29, 1912. Prosecution by the United States against Manoel Caminata. On motions for new trial and arrest of judgment. Overruled. (T. D. 32736; July 23, 1912.)

Opium and cocaine.

Regulations

Regulations under the act of Congress, approved January 17, 1914, entitled "An act to amend an act entitled 'An act to prohibit the importation and use of opium for other than medicinal purposes,' approved February ninth, nineteen hundred and nine," governing the importation of opium and preparations and derivatives thereof and exportation of opium or cocaine or salts, derivatives or preparations thereof, under the act approved January 17, 1914. (T. D. 34221; Mar. 3, 1914.)

Optical instruments.

Hand reading glasses or magnifying glasses dutiable as optical instruments at the rate of 35 per cent ad valorem under paragraph 93, tariff act of 1913. (T. D. 34782; Sept. 28, 1914.)

Optical instruments-Continued.

Meaning of term.

Optical instruments in ordinary parlance signify instruments used with reference to sight or the science of optics, and without proof of a trade understanding would not include instruments used for the measurement of distance or as guides to the mariner.

Azimuth mirrors, sextants, and octants: Azimuth mirrors, sextants, and octants for taking bearings and determining altitude, composed in chief value of metal, having glass parts possessing refractive and reflective properties, such as prisms, lenses, and telescopes, attached thereto, used in navigation, and not as aids to eyesight or for the purpose of examining objects, are not optical instruments within the provisions of paragraph 93 of the tariff act of 1913, but are manufactures of metal not specially provided for under paragraph 167 of the same act.

Azimuth mirror used for navigation not an optical instrument: An azimuth mirror, used only in navigation on a compass and useless for any other purpose, is not an instrument for use in the science of optics or as an aid to sight.

Sextants and octants not optical instruments: Sextants and octants used only in measuring the angular distance between a celestial body and the horizon, though possessing lenses having reflective and refractive properties, are not instruments used in the science of optics or to assist sight. (T. D. 35220-G. A 7697; Mar. 8, 1915.)

(Appealed:) Azimuth mirrors, sextants, and octants are dutiable as composed chiefly of metal, under paragraph 167 of the tariff act of 1913; and, not being aids to vision, are not classifiable as optical instruments under paragraph 93. United States v. J. Bliss & Co. et al. (No. 1558), United States Court of Customs Appeals, December 6, 1915. Appeal by the United States from Board of United States General Appraisers, G. A. 7697 (T. D. 35220). Decision affirmed. 35980; Dec. 6, 1915.)

(T. D.

For use in New York Post-Graduate Medical School and Hospital. (See Scientific apparatus.)

Orange oil. (See Oil, essential.)

Orange-wood sticks and wood-pith sticks.

Orange-wood sticks and wood-pith sticks, dressed and assorted and cut into uniform lengths and bunched, dutiable at the rate of 15 per cent ad valorem as nonenumerated articles, manufactured in whole or in part, under paragraph 385, tariff act of 1913. (T. D. 35263; Mar. 27, 1915.)

Oranges. Packages of oranges, what is Two boxes tied togetherTwo boxes of oranges, each 74 by 10 by 5 inches, firmly tied together to facilitate marketing and safe transportation, this method of packing being an established custom of the trade, constitute one package under the first clause of paragraph 220 of the tariff act of 1913. Bush & Co. (Inc.) et al. v. United States (No. 1550), United States Court of Customs Appeals. Appeal by importers from Board of United States General Appraisers, Abstract 37295. Decision reversed. (T. D. 35974; Dec. 3, 1915.)

Orchard plants not mother bulbs. (See Bulbs, orchard plants.)

Orchil extract. (See Persian-berry extract.)

Ores.

Ground

The subject of these appeals is a natural ore mined in southern France. Before importation it was ground for the purpose of facilitating the reduction of its

contents.

A chemical compound-Ground ore not: There must be some artificial mixture of chemicals or artificial compounding of substances to produce a chemical compound or chemical mixture. A natural ore which has received no treatment except to be mechanically ground is not a chemical compound or mixture. This merchandise is not arsenic, and neither is it an acid or a sulphide of arsenic, but as a crude ore, being advanced in condition, it is not entitled to free entry. It falls within paragraph 480, tariff act of 1909, as a nonenumerated partly manufactured article. United States v. Davies, Turner & Co. et al. (No. 1293), United States Court of Customs Appeals. Appeal by the United States from Board of United States General Appraisers, Abstract 33749 (T. D. 33778). Decision reversed. (T. D. 34325; Mar. 25, 1914.)

Lead-bearing ores

Lead-bearing ores, though covered by the provision in paragraphs 514 and 614, tariff act of 1897, for the free entry of "calamine" and "minerals, crude," are nevertheless subject to paragraph 181, prescribing a specific duty "on the lead contained" in "lead-bearing ore of all kinds." (T. D. 29006; May 20, 1908.)

Regulations governing smelting and refining of, in bonded warehouses under section 24, tariff act of 1909. (T. D. 30703; June 18, 1910.)

Ores containing both lead and zinc are dutiable not only on the lead content as provided for under paragraph 181, tariff act of 1909, but are also liable to the duties provided for the zinc content, paragraph 193 of said act. (T. D. 30727— G. A. 7049; June 27, 1910.)

(Appealed:) Lead-bearing and zinc-bearing ores.—A commodity, it is true, is properly assessable in its condition as imported, but where ore, as here, is shown to have contained, as imported, both lead and zinc, the zinc appearing in a quantity exceeding 10 per cent, the metal content in both is dutiable, the lead under paragraph 181, the zinc under paragraph 193, tariff act of 1909.

Tariff hearings, relevancy of proceedings at.-In determining the intention with which language has been employed in a paragraph of a tariff act some ambiguity therein must be apparent to warrant a resort to the "side lights" obtainable from tariff hearings. Consolidated Kansas City Smelting & Refining Co. v. United States (No. 427), United States Court of Customs Appeals. Appeal by the importer from a decision of the Board of United States General Appraisers, G. A. 7049 (T. D. 30727). Decision affirmed. (T. D. 31509; Apr. 10, 1911.)

Assay: Assay of lead in ores to be the wet assay, without deduction, under paragraph 152, tariff act of 1913. (T. D. 35219; Mar. 16, 1915.) Warehouse and immediate transportation entries: Warehouse and immediate transportation entries covering lead and zinc ores not to be liquidated on final findings and forwarded to the auditor, but report to be made on modified customs Form 5047 and receiving port to make report on modified Form 5049. (T. D. 35482; May 29, 1915.)

Zinc

Zinc ores known as carbonate of zinc, silicate of zinc, and sulphide of zinc, in which zinc does not exist as a metal, are not dutiable as "metallic mineral substances in a crude state" under paragraph 183, tariff act of 1897, but are subject to classification under paragraphs 514 and 614, relating, respectively, to "calamine" and to "minerals, crude." The circumstance that large pieces of ore have been broken into smaller ones and the rock and dirt removed for economy and convenience in transportation is not sufficient to exclude such ore from classification under paragraph 614, tariff act of 1897, relating to "min

Ores-Continued.
Zinc-Continued.

erals, crude, or not advanced in value or condition by refining or grinding, or by other process of manufacture." Lead-bearing ores, though covered by the provision in paragraphs 514 and 614, tariff act of 1897, for the free entry of "calamine" and "minerals, crude," are nevertheless subject to paragraph 181, prescribing a specific duty "on the lead contained" in "lead-bearing ore of all kinds." United States v. Brewster, United States Circuit Court, Southern District of Texas, Laredo Division, April 21, 1908. No. 27 (suit 196). Application for review of decision of Board of United States General Appraisers, Abstracts 14438–9 (T. D. 27937). Decision adverse to the Government. (T. D. 29006; May 20, 1908.)

(Appealed:) The zinc ores known as carbonate, silicate, and sulphide of zinc are free of duty under the tariff act of 1897, the carbonate and silicate as "calamine" under paragraph 514, and the sulphide as "minerals, crude," under paragraph 614, except that when containing lead the lead contents are subject to the duty provided in paragraph 181 on "lead-bearing ore of all kinds." United States v. Brewster, United States Circuit Court of Appeals, Fifth Circuit, January 18, 1909. No. 1811 (suit 1961). Appealed by the United States from the Circuit Court of the United States for the Southern District of Texas (T. D. 29006). Decision adverse to the Government. (T. D. 29547; Feb. 10, 1909.) The zinc ores in the form of carbonates, silicocarbonates, and sulphides or concentrates are free of duty under paragraphs 514 (calamine) and 614 (crude minerals), tariff act of 1897, except that when containing lead, the lead content is subject to duty under paragraph 181. United States v. Brewster (T. D. 29547) followed. (T. D. 29617—G. A. 6883; Mar. 9, 1909.)

Zinc ores smelted in bond may be withdrawn for exportation under the provisions of section 29 of the act of July 24, 1897. (T. D. 30015; Sept. 29, 1909.) Appraisement of: (1) Ores containing zinc, but no other recoverable metal, to be appraised at the price of the ore. (2) Ores containing zinc in quantities not commercially recoverable to be appraised as of no value. (3) Ores containing zinc and other metal, both the zinc and other metals being recoverable, to be appraised under the last provision of Paragraph L, section 3, tariff act of 1913. (4) Invoices of zinc ore to show the contract basis of purchase. (T. D. 34280; Mar. 16, 1914.)

Zinc ore to be appraised under the Provisions of paragraph L of section 3 of the act of October 3, 1913, on the basis of the zinc contents and the average value of spelter during the week of arrival of the ore in the United States. (T. D. 35624; July 30, 1915.)

Zinc-bearing

Copper ores containing zinc in percentages varying from 3.60 to 7.30 are properly dutiable under paragraph 162, tariff act of 1913. Congress, in framing said paragraph, saw fit to omit therefrom the provision admitting free of duty "zincbearing ores of all kinds, including calamine, containing less than 10 per cent of zinc," found in paragraph 193 of the act of 1909, thus making clearly manifest the legislative purpose to impose duty on all zinc contained in ores whether or not it is capable of being commercially recovered. (T. D. 35527—G. A. 7737; June 8, 1915.)

Additional duty: Under paragraph 162 of the tariff act of 1913, the zinc contained in zinc-bearing ore is made dutiable at 10 per cent ad valorem. If the unit value is not stated in the entry, but the total value when reduced to units is less than the unit appraised value, the additional duty provision of Paragraph I is properly applied by the collector in assessing duty.

45633°-17-42

Ores-Continued.

Zinc-bearing-Continued.

Contemporaneous administrative construction: A practice in the collector's office in the liquidation of an entry of merchandise bearing a specific rate of duty will not be held to be a contemporaneous construction of the law when that duty is changed from a specific to an ad valorem rate, even though the practice is not changed for some time after the change in the law.

Change from specific to ad valorem rate: The change by Congress from specific to ad valorem duty on merchandise carries with it all of the provisions of existing law that apply to the administration of the customs in the assessment of ad valorem duty upon imported merchandise. (T. D. 35948-G. A. 7823; Nov. 30, 1915.)

Organzine, damaged.

Silk organzine that has been damaged in dyeing, but which retains its character and identity as organzine, is not by reason of such damage to be removed from the provision for "organzine" in paragraph 385, tariff act of 1897, and is classifiable under that provision rather than under paragraph 661, as "silk waste." Cohen v. United States, United States Circuit Court, Southern District of New York, June 28, 1910. Suit 5117. Appeal by importer from decision of Board of United States General Appraisers, Abstract 17269 (T. D. 28496). Board affirmed. (T. D. 30803; July 19, 1910.) Origin, certificates of. (See Philippine Islands.)

In the piece: Ornaments or decorations for garments, consisting of loops, medallions, etc., which are manufactured separately, but stitched together for convenience in handling and to avoid expense in carding, and are imported in 6yard lengths, and which are intended for separate decorative effect, as distinguished from a continuous extension of ornamentation on a garment, are not "trimmings" within the meaning of paragraph 390, tariff act of 1897. Hilbert v. United States, United States Circuit Court, Southern District of New York, May 7, 1908. Suit 4142. Appeal by importer from decision of Board of United States General Appraisers, G. A. 6180 (T. D. 26808). Board reversed. (T. D. 29005; May 20, 1908.)

Silk. (See Silk.)

Orris root.

Sandalwood and orris root not dutiable under paragraph 49, tariff act of 1913, but free of duty under paragraph 477 of the said act. (T. D. 34174; Feb. 9, 1914.) Outage of wines. (See Wantage.)

Outward cargoes.

No information in regard thereto to be given out until 30 days after clearance. (T. D. 34868; Oct. 28, 1914.)

Overcharge for drayage. (See Charges-Drayage.)

Owner's declaration. (See Declaration.)

Oxide of iron. (See Iron, oxide of.)

Oyster shells, crushed.

Crushed oyster shells dutiable as a nonenumerated manufactured article at the rate of 15 per cent ad valorem under paragraph 385, tariff act of 1913. (T. D. 34584; June 24, 1914.)