containing cream or milk upon which cans duties were collected on original importation. In reply, I have to advise you that in the case of cans of foreign manufacture used in the transportation of cream or milk upon which duties were assessed on original importation and which are shipped abroad with the intention of returning immediately to this country filled with cream or milk, the department is of the opinion that such shipment abroad with the intention of returning immediately to the United States does not constitute an exportation within the meaning of the customs laws, and that such cans upon return to the United States filled with cream or milk should be passed free of duty as a nonimportation, upon the identity of the cans being established. You will therefore collect duty upon such cans on original impor tation and pass the same free of duty on each subsequent return to the United States when used for the purpose stated. Such cans, however, should be permanently marked either with a metal plate, or otherwise, in such a manner that the cans may be readily identified upon subsequent return to this country. Respectfully, (90716.) COLLECTOR OF CUSTOMS, Cleveland, Ohio. JAMES F. CURTIS, (T. D. 31889.) Drawback on hardware. Drawback on hardware manufactured by the Stanley Works, of New York City and New Britain, Conn., with the use of imported steel billets. TREASURY DEPARTMENT, September 28, 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 hardware manufactured by the Stanley Works, of New York City and New Britain, Conn., with the use of imported steel billets. The allowance, including wastage, shall not exceed that shown in the sworn statement and schedules dated July 5, 1911, transmitted herewith for filing in your office. Respectfully, COLLECTOR OF CUSTOMS, New York. JAMES F. CURTIS, Assistant Secretary. (T. D. 31890.) Wood pulp-Paper. Paragraphs 7 and 8 of T. D. 31772, relative to entry of wood pulp, paper, board, the products of Canada, modified. and paper TREASURY DEPARTMENT, September 29, 1911. To collectors of customs and others concerned: Chapter 10 of 1 George V, 1911, of the acts of the legislature of the Province of New Brunswick, entitled "An act respecting the manufacture of spruce and other pulp woods cut on Crown lands," passed April 13, 1911, provides in part that— Every timber license or permit conferring authority to cut spruce or other softwood trees or timber, not being pine or poplar, suitable for manufacturing pulp or paper, on the ungranted lands of the Crown, shall contain and be subject to the condition that all such timber cut under the authority or permission of such license or permit, shall be manufactured in Canada. Under date of August 8, 1911, the surveyor general of the Province of New Brunswick stated that it was the custom of the Crown lands department to renew timber licenses annually on the 1st day of August of each year, or as soon thereafter as mileage and stumpage pertaining to each license is paid, and he further ruled that the statute does not apply to licenses renewed on the 1st of August, 1911, or prior to the 1st day of October, 1911. In view of this construction of the provisions of the act by the duly constituted authorities of the Province of New Brunswick, paragraphs 7 and 8 of T. D. 31772 (Cir. 48) of July 26, 1911, are hereby modified to read as follows: 7. Subject to compliance with the regulations herein set forth, free entry will be granted to paper and paper board valued at not more than 4 cents per pound, and to wood pulp manufactured from: (a) Wood cut on any lands, public or private, in any of the Provinces or Territories of the Dominion of Canada, except the Provinces of British Columbia, New Brunswick, Ontario, and Quebec. (b) Wood cut on private lands in the Provinces of British Columbia, New Brunswick, Ontario, and Quebec. (c) Wood cut on the provincial lands of the Province of British Columbia lying east of the Cascade Range of mountains. (d) Wood cut on Crown lands of the Province of New Brunswick, under authority of licenses or permits issued prior to October 1, 1911, whether such licenses shall have been issued for the first time or in renewal. (e) Pine or poplar cut on either Crown lands or private lands in the Province of New Brunswick. 8. Free entry will be denied to such wood pulp, paper, and paper board manufactured from: (a) Wood cut on the Crown lands of the Provinces of Ontario and Quebec, or on the provincial lands of the Province of British Columbia lying west of the Cascade Range of mountains. (b) Wood, other than pine or poplar, cut on the Crown lands of the Province of New Brunswick, under authority of licenses or permits issued on or after October 1, 1911, whether such licenses shall have been issued for the first time or in renewal. The Secretary of State has been requested to bring these modified instructions to the attention of the consular officers concerned for their information in connection with the specific verification of the exporter's declaration of origin which they are required to make on invoices. JAMES F. CURTIS, Assistant Secretary. (T. D. 31891.) Crushed stone. Stone crushed by machinery and screened to size desired, free of duty under paragraph 626, tariff act of 1909. TREASURY DEPARTMENT, September 29, 1911. SIR: The Auditor for the Treasury Department invites attention to entries Nos. 2055 and 2056, covering certain stone which you stated in a letter addressed to the auditor was crushed by machinery, screened to a size, and used for making an abutment at the American end of the Michigan Central Railroad bridge. You assessed duty upon this crushed stone under paragraph 480 of the tariff act at the rate of 20 per cent ad valorem, citing as your authority the decision of the United States Court of Customs Appeals (T. D. 31321) wherein it was held that certain granito or terrazzo was dutiable under the said paragraph. In this regard I have to advise you that in the opinion of the department the decision cited has no application to crushed stone. I have further to advise you, however, that the department concurs in the decision of the Board of United States General Appraisers of February 4, 1904, G. A. 5573 (T. D. 24988), in which the board refers to previous decisions wherein it held that stone which had simply been crushed by machinery or otherwise was not a manufactured article, but was free of duty as a mineral crude or not advanced in value. or condition by refining or grinding or by other process of manufacture. You are accordingly directed to admit free of duty as a crude mineral substance under paragraph 626 of the tariff act of August 5, 1909, future importations of crushed stone similar in character to that covered by the entries mentioned. Respectfully, JAMES F. CURTIS, COLLECTOR OF CUSTOMS, Niagara Falls, N. Y. (T. D. 31892.) Drawback on metal alloy. Drawback on metal alloy manufactured by the Leddell Biglow Co. of New York, with the use of imported tin, antimony, and lead. TREASURY DEPARTMENT, September 30, 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 metal alloy manufactured by the Leddell Biglow Co., of New York, with the use of imported tin, antimony, and lead. There shall be filed with each drawback entry an abstract from the manufacturing records showing the quantity of each kind of imported metal used and the wastage. The allowance shall not exceed the quantities of imported materials. used as shown by the sworn abstract. The manufacturers' sworn statement, dated July 7, 1911, is transmitted herewith for filing in your office. Respectfully, (63422.) COLLECTOR OF CUSTOMS, New York. JAMES F. CURTIS, Assistant Secretary. (T. D. 31893.) Values of foreign coins. [Circular No. 58.] TREASURY DEPARTMENT, October 1, 1911. In pursuance of the provisions of section 25 of the act of August 27, 1894, I hereby proclaim the following estimate by the Director of the Mint of the values of foreign coins to be the values of such coins in terms of the money of account of the United States, to be followed in estimating the value of all foreign merchandise exported to the United States during the quarter beginning October 1, 1911, expressed in any such metallic currencies. Entries of merchandise liquidated upon the values proclaimed herein will be subject to reliquidation upon the order of the Secretary of the Treasury whenever satisfactory evidence shall be produced to him showing that the values in United States currency of the foreign money specified in the invoices were at the date of certification at least 10 per cent more or less than the values herein proclaimed. JAMES F. CURTIS, Acting Secretary. ESTIMATE BY DIRECTOR OF MINT OF THE VALUES OF FOREIGN COINS. 1 The exchange rates shown under this heading are recent quotations and given as an indication of the values of currencies which are fluctuating in their relation to the legal standard. They are not to take the place of the consular certificate where it is available. 1.000 .268 .487 4.943 .193 .193 238 4.8665 .193 .965 193 .498 1.000 .498 |