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TARIFF ON IMPORTS.

TITLE XXXIII OF THE REVISED STATUTES AS AMENDED BY ACT OF MARCH 3, 1883.

[New provisions of law in sections 2496 and 2499 are printed in italies. The provisions of law marked "a" in parentheses (paragraphs 236, 281, and 649) are held to be still in force.]

SEC. 6. That on and after the first day of July, eighteen hundred and eighty-three, the following sections shall constitute and be a substitute for Title thirty-three of the Revised Statutes of the United States:

TITLE XXXIII.

DUTIES UPON IMPORTS.

SEC. 2491. All persons are prohibited from importing into the United States, from any foreign country, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion. No invoice or package whatever, or any part of one, in which any such articles are contained shall be admitted to entry; and all invoices and packages whereof any such articles shall compose a part are liable to be proceeded against, seized and forfeited by due course of law. All such prohibited articles in the course of importation shall be detained by the officer of customs, and proceedings taken against the same as prescribed in the following section: Provided, That the drugs herein before mentioned, when imported. in bulk and not put up for any of the purposes hereinbefore specified, are excepted from the operation of this section.

1. Articles not obscene, contained in the same invoice or package with those prohibited by this section, may not be remitted from forfeiture, having become tainted with illegality by association. See Opinion of the Attorney-General, 1886, s. s. 7616.

2. The opinion of the Attorney-General that articles not obscene per se, are contaminated by their association with obscene articles, and are forfeitable, applies only to goods imported in the way of trade and not to the personal effects of a traveller.. 1886, s. s. 7855.

3. Where obscene books were shipped to the importer without orders from him, being included in a larger shipment of other books, they will not be held to contaminate the entire invoice. 1886, s. s. 7864.

4. A faro box and lay out is not prohibited by this section.

1887, s. s. 8401.

5. The importation of twelve copies of a book in the French language, entitled “La Terre," by Emil Zola, is prohibited as obscene. 1888, s. s. 9039.

SEC. 2492. Whoever, being an officer, agent or employee of the Government of the United States, shall knowingly aid or abet any person engaged in any violation of any of the provisions of law prohibiting, importing, advertising, dealing in, exhibiting or sending or receiving by mail obscene or indecent publications or representations, or means for preventing conception or procuring abortion, or other articles of indecent or immoral use or tendency, shall be deemed guilty of a misdemeanor, and shall for every offense be punishable by a fine of not more than five thousand dollars or by imprisonment at hard labor for not more than ten years or both.

SEC. 2493. Any judge of any district or circuit court of the United States, within the proper district, before whom complaint in writing of any violation of the preceding section is made, to the satisfaction of such judge, and founded on knowledge or belief, and, if upon belief, setting forth the grounds of such belief, and supported by oath or affirmation of the complainant, may issue, conformably to the Constitution, a warrant directed to the marshal, or any deputy marshal, in the proper district, directing him to search for, seize, and take possession of any such article or thing hereinbefore mentioned, and to make due and immediate return thereof, to the end that the same may be condemned and destroyed by proceedings, which shall be conducted in the same manner as other proceedings in case of municipal seizure, and with the same right of appeal or writ of error.

SEC. 2494. The importation of neat cattle and the hides of neat cattle from any foreign country into the United States is prohibited: Provided, That the operation of this section shall be suspended as to any foreign country or countries, or any parts of such country or countries, whenever the Secretary of the Treasury shall officially determine, and give public notice thereof, that such importation will not tend to the introduction or spread of contagious or infectious diseases among the cattle of the United States; and the Secretary of the Treasury is hereby authorized and empowered, and it shall be his duty, to make all necessary orders and regulations to carry this law into effect, or to suspend the same as therein provided, and to send copies thereof to the proper officers in the United States, and to such officers or agents of the United States in foreign countries as he shall judge necessary.

SEC. 2495. Any person convicted of a wilful violation of any of the provisions of the preceding section, shall be fined not exceeding five hundred dollars, or imprisoned not exceeding one year, or both, in the discretion of the court.

SEC. 2496. No watches, watch-cases, watch-movements, or parts of watch-movements, or any other articles of foreign manufacture, which shall copy or simulate the name or trade-mark of any domestic manufacture, [manufacturer,] shall be admitted to entry at the custom-house of the United States, unless such domestic manufacturer is the importer of the same. And in order to aid the officers

of the customs in enforcing this prohibition, any domestic manufacturer who has adopted trade-marks may require his name and residence and a description of his trade-marks to be recorded in books which shall be kept for that purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the department fac similes of such trade-marks; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of the customs.

SEC. 2497. No goods, wares, or merchandise, unless in cases provided for by treaty, shall be imported into the United States from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or subjects of that country of which the goods are the growth, production, or manufacture; or from which such goods, wares, or merchandise can only be, or most usually are, first shipped for transportation. All goods, wares, or merchandise imported contrary to this section, and the vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship or vessel, and cargo shall be liable to be seized, prosecuted, and condemned, in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws.

SEC. 2498. The preceding section shall not apply to vessels, or goods, wares, or merchandise, imported in vessels of a foreign nation which does not maintain a similar regulation against vessels of the United States.

SEC. 2499. There shall be levied, collected, and paid on each and every non-enumerated article which bears a similitude, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this title as chargeable with duty, the same rate of duty which is levied and charged on the enumerated article which it most resembles in any of the particulars before mentioned; and if any non-enumerated article equally resembles two or more enumerated articles on which different rates are chargeable, there shall be levied, collected, and paid on such non-enumerated article the same rate of duty as is chargeable on the article which it resembles paying the highest duty; and on all articles manufactured from two or more materials the duty shall be assessed at the highest rates at which the component material of chief value may be chargeable. If two or more rates of duty should be applicable to any imported article, it shall be classified for duty under the highest of such rates: Provided, That non-enumerated articles similar in material and quality and texture, and the use to which they may be applied, to articles on the free list, and in the manufacture of which no dutiable materials are used, shall be free.

1. This applies only to non-enumerated articles. Arthur v. Sussfield, 96 U. S. 128. 2. Spectacles of glass with steel bows were classified by collector as manufactures of

which steel is a component part; held that as glass is the material which effects the purpose for which the spectacles are made, and the steel is incidental and auxiliary only, the spectacles should be classified as manufactures of glass, &c. Id.

3. Nitro-bensole held a "manufacture," and as such dutiable at highest rate on either constituent; evidence that it resembles essential oils in the uses to which it is put, &c., "more than anything else," is not sufficient to subject it to the same duty as essential oils. The statute, as to an article which bears a similitude in the use to which it may be applied, refers to its employment, or its effect in producing results. Murphy V. Arnson, 96 U. S. 131.

4. The first inquiry as to a non-enumerated article is whether it bears a similitude to any particular enumerated article; if the similitude is substantial, it is deemed the same as though it were that enumerated article; if it bears no such similitude, the next inquiry is as to its component materials. Arthur v. Fox, 108 U. S. 125.

5. An article composed of cotton and linen, cotton being the material of chief value and predominating; held, not to be classified as mixed goods but to be a manufacture of cotton, to which it bore a "similitude," because "in material, quality, and texture, as well as the use to which it is to be put, it is precisely like cotton shirtings." Fisk v. Arthur, 103 id. 431.

6. Similarity required is a similarity in respect to the product, and its adaptation to uses, and to its uses, even though in commerce the goods may be classed as different articles. Schmieder v. Barney, 113 id. 645.

7. The goods appearing of inferior value to those to which it was claimed they bore a similitude; held, the question of similitude should be submitted to the jury. Herman v. Arthur's Exr's, 127 id. 365.

8. Quilts composed of cotton and eider-down (free), or silk and eider-down; eider-down the component of chief value; held, they are manufactured articles not enumerated, and therefore dutiable under § 2513 R. S., and not under cotton or silk schedules. Hartranft v. Sheppard, 125 U. S. 337.

9. Bichromate of soda is not an enumerated article under "chemical compounds and salts" (Schedule A. 92); it is non-enumerated and bears a similitude to bichromate of potash and classified as such. Mason v. Robertson, 29 Fed. Rep. 684.

10. The similitude contemplated by this section need not be in all four particulars nained, viz. material, quality, texture or use. Weilbacker v. Merritt, 37 Fed. Rep. 85. Contra, Lazard v. Magone, 40 id. 662.

11. To place an article among those designated as enumerated, it is not necessary that they should be specifically mentioned; it is sufficient that they are designated in any way to distinguish them from other articles; "manufactures of which steel is a component part," and the like of glass, is a sufficient designation to take articles out of the similitude clause. Arthur v. Butterfield, 125 U. S. 70.

12. The question of similitude is one of fact for the jury. Herman v. Arthur, 127 U. S. 363.

13. The question of assimilation to one of two component parts, as silk and cotton, is necessarily left to the appraiser; its classification will be according to the constituent which gives character and distinctiveness to the manufacture; a slight admixture of silk in cotton goods will not classify them as silks if they assimilate to cottons. 1874, s. s. 2032.

14. For a general construction of this section see 1874, s. s. 1943; also as to its application to mixed goods which are not properly speaking "silk goods," or containing wool; slight silk mixtures in cottons and linens, not essentially different in manufacture and use from cotton and linen, will be classified as cottons and linens respectively. (Id.)

15. In case of articles composed of two or more materials, one of which is an unknown substance, duties cannot be levied according to the paragraph as to two or more materials. 1879, s. s. 4119.

16. See the opinion of the Attorney-General as to cases where the articles imported fulfill the conditions imposed by two paragraphs of the Tariff Act, and as to the imposition thereon of the higher of the two rates. 1886, s. s. 7377.

SEC. 2500. Upon the re-importation of articles once exported of the growth, product, or manufacture of the United States upon which no internal tax has been assessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there

shall be levied, collected, and paid a duty equal to the tax imposed by the internal-revenue laws upon such articles.

1. On domestic whiskey returned from abroad duty will not be collected on so much as has evaporated since first exportation; duty will be exacted only on the actual amount returned. 1880, s. s. 4382.

2. Domestic cigars, re-imported from abroad, are subject to a duty equal to the internal revenue tax. 1881, s. s. 5055.

3. Shellac manufactured in Canada with alcohol imported from the U. S., must pay a duty equal to the internal revenue tax on alcohol on importation into the U. S. 1883,

8. s. 5613.

4. Domestic spirits exported and re-imported cannot be stored under the warehouse system. Opinion of the Attorney-General, 1883, s. s. 5829.

5. Domestic cigarettes re-imported are dutiable at the internal revenue rate in force at the time of entry. 1884, s. s. 6556.

6. Domestic spirits returned in packages other than those in which they were originally exported are excluded from this section. 1886, s. s. 7571.

7. Articles manufactured in a bonded warehouse (R. S. 3433), and exported in good faith may, on re-importation, be admitted under this section. 1887, s. s. 8197.

8. Where there is reason to believe that exportation and re-importation of whiskey was intended to relieve the goods from all over due internal revenue tax by a temporary deposit abroad, the whisky will not be admitted under this section. 1889, s. s. 9649.

SEC. 2501. A discriminating duty of ten per centum ad valorem, in addition to the duties imposed by law, shall be levied, collected, and paid on all goods, wares, or merchandise which shall be imported in vessels not of the United States; but this discriminating duty shall not apply to goods, wares, and merchandise which shall be imported in vessels not of the United States, entitled, by treaty or any act of Congress, to be entered in the ports of the United States on payment of the same duties as shall then, be paid on goods, wares, and merchandise imported in vessels of the United States.

Articles in the Free List are not, it seems, affected by this section, though imported in vessels not of the United States. Gautier v. Arthur, 104 U. S. 345.

SEC. 2502. There shall be levied, collected, and paid upon all articles imported from foreign countries, and mentioned in the schedules herein contained, the rates of duty which are, by the schedules, respectively prescribed, namely:

SCHEDULE A.-CHEMICAL PRODUCTS.

1. Glue, twenty per centum ad valorem.
2. Beeswax, twenty per centum ad valorem.

3. Gelatine, and all similar preparations, thirty per centum ad valorem.

Gelatine in sheets, consisting of thin, transparent sheets containing no paper or celluloid. Classified here. 1888, s. s. 8655.

4. Glycerine, crude, brown, or yellow, of the specific gravity of one and twenty-five hundredths, or less, at a temperature of sixty degrees Fahrenheit, not purified by refining or distilling, two cents per pound.

5. Glycerine, refined, five cents per pound.

1. Glycerine, identical with refined or distilled glycerine, and subjected to at least one process of distillation, and therefore partially refined, is classified here. 1883, s. s. 6048; also

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