(152 U. S. Reps., 368), and in G. A. 3777 (T. D. 17843), dated January 15, 1897. You will hereafter be governed accordingly. Respectfully, O. L. SPAULDING, COLLECTOR OF CUSTOMS, Newport News, Va. (24135.) Rules and regulations governing the admission of Chinese to United States to take part in Louisiana Purchase Exposition. [Circular No. 5.] TREASURY DEPARTMENT, January 7, 1903. In pursuance of the provisions of section 3 of the act of April 29, 1902, entitled "An Act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent," the following rules and regulations are hereby prescribed and promulgated as to the admission to and departure from the United States of such persons as may be entitled, by virtue of said section, to take part in the Louisiana Purchase Exposition, to be held at St. Louis, Mo.: 1. Every such person shall submit to the collector of customs, or other officer charged with the enforcement of said law, satisfactory evidence that he is a holder of a privilege from the officers of said exposition or an employee of a holder of such a privilege, engaged to take part therein. 2. He shall furnish to the collector of customs at the port of entry, or to such other United States officer as may be designated for that purpose, a photograph of himself in triplicate, and shall submit to such examination of his person as may be deemed necessary to insure his identification. 3. He shall, if admitted, proceed immediately by direct and continuous travel to the grounds of the said exposition at St. Louis, Mo., remain at said grounds during his stay in the United States; engage, while there, solely in the occupation for which his services were obtained; return within thirty days after the close of said exposition by direct and continuous travel to the port at which he was admitted, and thence depart by the first vessel sailing thereafter to China or to the country of which he is a citizen or subject. 4. He shall furnish to the United States officer by whom he is admitted a bond of $500, with a responsible bonding and surety company as surety, conditioned for his immediate departure to said exposition grounds, his constant attendance and employment at said grounds, and his departure from the United States, all in accordance with the next preceding regulation. 5. The following form of record shall be kept in duplicate by the collector of customs, or other officer in charge at the port of admission, of all Chinese persons admitted in accordance with these regulations, the original to be kept on file at said port and the duplicate to be forwarded to the Bureau of Immigration, Treasury Department: 6. An officer, or officers if necessary, will be designated to remain at the grounds of said exposition, whose duty it shall be to keep in duplicate a record, in the following form, unless hereafter modified, of every Chinese person admitted under these rules and regulations to take part in said exposition: [Duplicate to be forwarded to Commissioner-General of Immigration.] Said officer or officers shall also have such supervision over every such Chinese person and such duties in relation to them as are authorized by law and these rules and regulations and instructions issued thereunder. 7. That one of the photographs provided for in regulation 2 hereinbefore shall be sent by the officer at the port of arrival at which any such Chinese person is admitted to the officer or officers provided for in section 6 of these regulations, who shall attach said photograph to the form of report prescribed, using it as a means of identification of the person whose portrait it is. 8. Should any such Chinese person desire to leave the grounds of said exposition temporarily, he must apply to the officer provided for in regulation 6 hereof, who may issue to him a dated card, giving his name and other particulars for his identification, and stating that he is permitted to absent himself from said grounds not longer than twelve hours from the date of said card, which shall, upon his return within the specified time, be delivered to said officer and canceled. 9. All Chinese persons holding such cards who fail to return within the specified period shall be deemed to be unlawfully within the United States, and the bonds given on their behalf shall be forfeited and such person shall be deported. The officer designated to issue said cards shall promptly notify the Commissioner-General of Immigration of the absence, in violation of these regulations, of any Chinese person, in order that the penalty of the bond given in his behalf may be collected, and such Chinese person deported. 10. Immediately after the expiration of the thirty days following the close of said exposition, the officers at the ports of arrival at which any such Chinese person is admitted are directed to report to the Commissioner-General of Immigration the total number, together with the names, etc., of the Chinese persons who were admitted at their ports, respectively, for the purpose stated, and the number and names of those who have been properly identified and permitted to depart in accordance with these regulations. LESLIE M. SHAW, Secretary. (24136-G. A. 5250.) Protests limited to cases specified therein. * * Importers made a protest referring to "the cases described in the schedule below," and in said schedule specified a particular item of the invoice. Held that the protest can not be construed as relating in addition to another item of similar merchandise on the same invoice.-In re Pollman (G. A. 2127), In re Heilbrunn (G. A. 2484), and In re Goldenberg (G. A. 2677) followed. Before the U. S. General Appraisers at New York, January 2, 1903. In the matter of the protest. 23992 f-7206, of Wm. Pickhardt & Kuttroff, against the decision of the collector of customs at New York, N. Y., as to the rate and amount of duties chargeable on certain merchandise, imported per Kensington, and entered May 19, 1897. Opinion by SOMERVILLE, General Appraiser. The protest relates to merchandise imported under the tariff act of 1894, and claimed to be free of duty under various provisions of that act. The pertinent part of the protest reads as follows: We hereby protest against your assessment of duties at the rate of 25 per cent on certain alizarin colors or dyes, acids for manufacturing purposes, etc., imported by us, in the cases, and by the vessels, etc., described in the schedule below. The schedule referred to specifies "cases and casks P. & K. 15097– 116, 2504-18." Said casks 2504 to 2518 contain a substance invoiced as cerulein, and as to this the protestants have waived their claim. The other item specified as above (casks 15097 to 15116) consists of an alizarin lake, which we find to be of the same character as the article passed on recently by the Board in the case of In re Knauth (G. A. 5215). It is, therefore, free of duty under paragraph 368 of said act as an alizarin color. There is also on the same invoice another item (casks 15117 to 15127), which we find to be an alizarin lake of similar character to that in casks 15097, etc., though not identical, being invoiced at a price three or four times as great. The only question as to which there is now any controversy is whether the importers' claim can be held to embrace this latter item, or is limited to the particular items of the invoice that are definitely referred to in the protest. We can find no court decisions on this point, but the Board has held in three published rulings, namely, In re Pollman (G. A. 2127), In re Heilbrunn (G. A. 2484), and In re Goldenberg (G. A. 2677), that a protest must be considered as relating only to the goods specified therein, and that where particular items of an invoice are enumerated no other portion of the invoice can be held to be covered by the protest, except perhaps in the case of manifest clerical error. (In re White, G. A. 2304; In re Sweetser, G. A. 2556.) In the Pollman case it was observed: We have never held that an appellant must specify the particular cases containing the merchandise on which he claims; but we are of opinion that when he himself has restricted his claim to goods contained in certain cases it is not incumbent upon the collector or upon the Board to give consideration to articles in other cases. Following the decisions cited, we hold that, as the importers have expressly limited their protest, as above shown, to "the cases * * * described in the schedule below," we can not properly consider it as relating to any other cases not described in the schedule." 66 We sustain the protest as to the merchandise contained in casks 15097 to 15116. To this extent the collector's decision is reversed, and he is authorized to reliquidate the entry accordingly. (24137-G. A. 5251.) Smokers' articles are designed to be used chiefly by smokers, and tables, stands, and sets, whose chief use is by smokers, even though such articles may be ornamental in their character, are dutiable at the rate of 60 per cent ad valorem, under paragraph 459, act of July 24, 1897. Ash receivers, jars, boxes, and trays, which, although suitable for smokers' use, are used chiefly for other purposes, are dutiable according to their component material of chief value, and not as smokers' articles. The provision in said paragraph for "all smokers' articles whatsoever, not specially provided for in this Act, including cigarette books, cigarette book covers, pouches for smoking or chewing tobacco, and cigarette paper in all forms," is not limited to articles which may be carried about the person, nor to such as are capable of being used for smoking, of and by themselves. G. A. 994 overruled; Magone v. Wiederer (159 U. S., 555); Magone v. Heller (150 U. S., 70); Meyer v. Cadwallader (89 Fed. Rep., 963); Isaacs v. Jonas (148 U. S., 648) cited. Before the U. S. General Appraisers at New York, January 5, 1903. In the matter of the protests, 92389, 94638, 97757ƒ, and 6344 h, of A. Steinhardt & Bro., Isaac Bach & Co., and R. F. Downing & Co., against the decision of the collector of customs at New York, N. Y., as to the rate and amount of duties chargeable on certain merchandise, imported per Statendam, Potsdam, Friedrich der Grosse, Barbarossa, and Pennsylvania, and entered May 28, June 4, June 7, August 2, and October 1, 1901, and May 15, 1902. Opinion by FISCHER, General Appraiser. These protests are against the assessment of duty at the rate of 60 per cent ad valorem under paragraph 459, act of July 24, 1897, on certain goods returned by the local appraiser as "smokers' articles." The paragraph under which they are classified is as follows: 459. Pipes and smokers' articles: Common tobacco pipes and pipe bowls made wholly of clay, valued at not more than forty cents per gross, fifteen cents per gross; other tobacco pipes and pipe bowls of clay, fifty cents per gross and twenty-five per centum ad valorem; other pipes and pipe bowls of whatever material composed, and all smokers' articles whatsoever, not specially provided for in this Act, including cigarette books, cigarette book covers, pouches for smoking or chewing tobacco, and cigarette paper in all forms, sixty per centum ad valorem. The various articles in dispute are represented by a number of exhibits introduced in evidence at the hearings, but they may for all purposes be divided into two classes. The first class embraces articles made of wood, papier-maché, leather, or metal, made up into fancy articles or novelties in the form of jars, trays, boxes, pouches, pipe racks, match holders, etc. The representative exhibits of this class before us consist of a metal pipe rack in the shape of a horse's head, a metal ash tray of fancy shape, a wooden jar representing a section of a tree trunk with a fox running through it, and a chicken coming through the cover, a papier-maché snuffbox, and a leather pouch. These articles, although undoubtedly often used by smokers, are clearly, in view of the testimony before us, not of such character as would make them distinctively smokers' articles. The evidence shows that they are used for a great many purposes by others than smokers, their use as cracker jars, pin trays, spoon holders, serving trays, etc., being much more common than their use by smokers. In fact, it would seem from all the testimony that their use for any practical purpose whatever is merely incidental, their chief use being for ornament. When the use determines the classification of an article, its chief use must be the guide (Magone v. Wiederer, 159 U. S., 555; Meyer v. Cadwallader, 89 Fed. Rep., 963, and Magone v. Heller, 150 U. S., |