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Third, that importers can not be heard to urge the existence of samples containing coloring matter misrepresenting standards actually adopted as authority for importing artificially colored teas;

Fourth, that samples must yield to standards and not standards to samples, or false representatives of standards, especially when the public rules and regulations of the department, of which importers will be presumed to have knowledge, clearly indicate what the legal standards are.

Very respectfully,

The SECRETARY OF THE TREASURY.

W. T. THOMPSON, Solicitor.

(T. D. 31869.)

Cotton yarn.

Appeal directed from decision of the Board of United States General Appraisers of July 26, 1911, Abstract 26216 (T. D. 31788), involving the classification of cotton yarn.

TREASURY DEPARTMENT, September 19, 1911. SIR: The department is in receipt of your letter of the 18th instant in which you invite attention to the decision of the Board of United States General Appraisers of July 26. 1911, Abstract 26216 (T. D. 31788), wherein it is held that certain merchandise which was assessed with duty as "imitation" horsehair under paragraph 405 of the tariff act of 1909, was properly dutiable as cotton yarn under paragraph 313 of the said act.

As the issue is an important one, you are 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 said tariff act.

Respectfully,
(91291.)

Mr. WM. L. WEMPLE,

Assistant Attorney General, New York.

(T. D. 31870.)

JAMES F. CURTIS,
Assistant Secretary.

Allowance for damaged macaroni.

Appeal directed from the decision of the Board of United States General Appraisers, July 25, 1911, Abstract 26203 (T. D. 31788), holding that an allowance should be made on decayed or damaged macaroni under the decision of the Supreme Court in the case of Lawder v. Stone (187 U. S., 281).

TREASURY DEPARTMENT, September 19, 1911. SIR: The department is in receipt of your letter of the 7th instant, relative to the decision of the Board of United States General Appraisers of July 25, 1911, Abstract No. 26203 (T. D. 31788), wherein it is held that an allowance should be made on macaroni, portions of which arrived at Boston in a decayed or damaged con

dition, following the decision of the Supreme Court in the case of Lawder. Stone (187 U. S., 281.)

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,
(73812.)

Mr. WM. L. WEMPLE,

JAMES F. CURTIS,
Assistant Secretary.

Assistant Attorney General, New York.

(T. D. 31871.)

Erhansters and pumps.

Appeal directed from decision of the Board of United States General Appraisers of August 24, 1911, Abstract 26422 (T. D. 31842), involving the classification of certain exhausters and pumps.

TREASURY DEPARTMENT, September 19, 1911. SIR: The department is in receipt of your letter of the 15th instant in which you invite attention to the decision of the Board of United States General Appraisers of August 24, 1911, Abstract 26422 (T. D. 31842), wherein it is held that certain exhausters and pumps, which were classified as earthenware under paragraph 94 of the tariff act of August 5, 1909, were properly dutiable as articles composed of earthy or mineral substances under paragraph 95 of the said act.

As the issue is an important one, you are 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 said tariff act.

Respectfully,
(91249.)

Mr. WM. L. WEMPLE,

JAMES F. CURTIS,
Assistant Secretary.

Assistant Attorney General, New York.

(T. D. 31872.)

Modeling clay-Plasticine.

Appeal directed from decisions of the Board of United States General Appraisers of August 14 and 17, 1911, Abstracts 26362 and 26387 (T. D. 31832), involving the classification of modeling clay and plasticine, respectively.

TREASURY DEPARTMENT, September 19, 1911. SIR: The department is in receipt of your letter of the 13th instant. in which you invite attention to the decisions of the Board of United

States General Appraisers of August 14, 1911, Abstract 26362 (T. D. 31832), and August 17, 1911, Abstract 26387 (T. D. 31832), involving the classification of modeling clay and plasticine, respectively, wherein it is held that the merchandise under consideration, which was assessed with duty as an article composed of earthy or mineral substances under paragraph 95 of the tariff act, was properly dutiable as a nonenumerated manufactured article under paragraph 480 of the said act.

As the issue is an important one, you are 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 said act. JAMES F. CURTIS, Assistant Secretary.

Respectfully,
(82687.)

Mr. WM. L. WEMPLE,

Assistant Attorney General, New York.

(T. D. 31873.)

Gauge of ale.

Appeal directed from decision of the Board of United States General Appraisers of September 9, 1911, G. A. 7270 (T. D. 31850), involving the question of the gauge of ale.

TREASURY DEPARTMENT, September 20, 1911. SIR: The department is in receipt of your letter of September 13, 1911, relative to the decision of the Board of United States General Appraisers of September 9, 1911, G. A. 7270 (T. D. 31850), wherein it is held that a minimum allowance will be made of 3 gallons per hogshead and a proportionate amount on other containers of Bass' imported ale.

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 1909.

Respectfully,
(57773.)

Mr. WM. L. WEMPLE,

Assistant Attorney General, New York.

(T. D. 31874.)

JAMES F. CURTIS,
Assistant Secretary.

Drawback on prepared figs.

Drawback on prepared figs manufactured by Van Dyk & Catrevas, of New York City, from imported dry-packed figs.

TREASURY DEPARTMENT, September 20, 1911.

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 prepared figs manufactured by Van Dyk & Catrevas, of New York City, from imported dry-packed figs, the process involving the treatment of the figs with a sirup solution. The allowance shall not exceed the net weight of the exported treated figs.

The manufacturers' sworn statement, dated August 5, 1911, is transmitted herewith for filing in your office.

Respectfully,
(90460.)

COLLECTOR OF CUSTOMS, New York.

(T. D. 31875.)

JAMES F. CURTIS,
Assistant Secretary.

· Drawback on Magnolia metal.

Drawback on Magnolia metal manufactured by the Magnolia Metal Co., of New York City, with the use of imported lead and antimony.-T. D. 12772 of May 2, 1892, revoked.

TREASURY DEPARTMENT, September 20, 1911. 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 Magnolia metal manufactured by the Magnolia Metal Co., of New York City, with the use of imported lead and antimony.

The drawback entry should show the formula under which the metal was manufactured and the quantities of imported materials used.

The allowance shown should not exceed 60 pounds of imported lead and 13.5 pounds of imported antimony for each 100 pounds of exported metal.

The manufacturers' sworn statements, dated June 14 and July 31, 1911, are transmitted herewith for filing in your office. T. D. 12772 of May 2, 1892, is hereby revoked.

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Drawback on talcum powder, tooth powder, and Circassian Beauty Extract manufactured by the Wilbert Co., of Philadelphia, Pa., in part from imported chalk, talcum, and domestic tax-paid alcohol.

TREASURY DEPARTMENT, September 20, 1911. SIR: Drawback is hereby allowed under section 25 of the act of August 5, 1909, and the regulations promulgated thereunder (T. D.

31695 of June 16, 1911), on talcum powder, tooth powder, and Circassian Beauty Extract manufactured by the Wilbert Co., of Philadelphia, in part from imported chalk, talcum, and domestic tax-paid alcohol.

The allowance shall not exceed 7 pounds of imported chalk for each gross boxes of tooth powder; 31 pounds of Italian tale for each gross of cans of talcum powder, and in the case of alcohol 88 per cent of the exported quantity of the extract.

The manufacturers' sworn statement, dated July 15, 1911, is herewith inclosed for filing in your office.

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Drawback on prepared figs manufactured by Arguinbau & Ramee, of New York City, from imported dry-packed figs.

TREASURY DEPARTMENT, September 20, 1911.

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 prepared figs manufactured by Arguinbau & Ramee, of New York City, from imported dry-packed figs, the process involving the treatment of the figs with a sirup solution.

The allowance shall not exceed the net weight of the exported prepared figs.

The manufacturers' sworn statements, dated July 19 and August 30, 1911, are transmitted herewith for filing in your office.

Respectfully,
(61999.)

COLLECTOR OF CUSTOMS, New York.

(T. D. 31878.)

JAMES F. CURTIS,
Assistant Secretary.

Conference of local appraisers, 1911-Date of convening changed from November 6 to November 13.

TREASURY DEPARTMENT, September 25, 1911.

To collectors and other officers of the customs:

The date for the beginning of the conference of local appraisers is hereby changed from November 6 to November 13, 1911. T. D. 31837 of August 25, 1911, is therefore amended accordingly.

JAMES F. CURTIS, Assistant Secretary.

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