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supplied, the full set, if desired, may be returned to the party to whom it was originally furnished.
(g) The cost of making any necessary repairs to any duplicates of the rosin standards or of replacing any duplicates damaged beyond repair, or any missing duplicates, shall be determined by the Chief of Administration, and the party to whom loaned advised of such cost. Payment to cover the cost of such replacement shall be made prior to the return thereof.
(h) On the death of any person or dissolution or reorganization of any partnership, firm or corporation holding any set of duplicates of the United States rosin standards, the same shall be promptly surrendered to the Department by the holder thereof.
(i) The security received from persons to whom duplicates of the United States rosin standards have been loaned under paragraphs (c) or (d) of this section, will be held for the Department in its special deposit account, and will be returned to the person from whom received, or his legal representative, on surrender of the duplicates secured thereby; Provided, That before refund is made there shall be deducted the cost of any repairs or replacements.
(j) All moneys received or withheld to cover the cost of repairs to or of replacing any missing parts of any set of duplicates or as rental of duplicates shall be paid into the United States Treasury as miscellaneous receipts.*+ [Reg. 7]
190.9 Inspectors. (a) Inspectors may be assigned to such places as may be necessary for the enforcement of the Act and the regulations in this part.
(b) Inspectors shall sample, examine, classify and grade naval stores at the request of an interested person in compliance with the Act and the regulations in this part, at the direction of the Chief of Administration.
(c) Inspectors shall be under the authority of and responsible solely to the Department, and shall report the results of any examination, classification, or grading of naval stores made by them only to the Chief of Administration or to such persons as such Chief may direct.** [Reg. 8]
190.10 Samples. (a) Samples of spirits of turpentine and rosin within the scope of the Act shall be representative.
(b) Samples of rosin for grading shall be approximately cubical in shape and 78 inch thick through the direction in which they are viewed or graded. Samples may be taken by any of the following methods:
(1) By cutting or cleaving from a lump of the rosin removed by means of a “spike” from the solid mass in the barrel or drum, the top side of which lump shall come from not less than 6 inches below the surface of the rosin.
(2) By means of a tin mold of suitable design which has been placed inside the barrel or drum through an opening in the side, the top of which opening is 8 inches from the top of the container, and so that the sample will have come from a position not less than 4 inches below the surface of the rosin. The mold thus placed must be entirely within the barrel or drum and completely encased in Page 100
**For statutory and source citations, see note to 8 190.1 *+For statutory and source citations, see note to g 190.1.
the rosin. It may be removed from the barrel by any suitable device.
(3) By suspending in the barrel or drum of hot molten rosin a 78 inch square (inside) tubular mold, 142 inches or more in length, made of clean thin tin plate, in such a manner that it will be in a horizontal position at least 4 inches below the top of the rosin in the container after it has thoroughly cooled. The sample contained in such mold is spiked from the barrel after cooling.
(c) For the purpose of determining whether section 5 of the Act has been violated, samples shall be collected by an inspector and marked to identify same with the lot or package from which taken.** [Reg. 9]
190.11 Analysis, classification and grading on request. (a) Any naval stores or samples thereof will, if practicable, be examined, analyzed, classified, and/or graded upon request of any interested person, on payment of a fee, as hereinafter prescribed in 88 190.15– 190.20.
(b) A request to examine, analyze, classify, or grade naval stores shall be made in writing to the Administration or to the nearest inspector. Such request shall state the number and kinds of packages of rosin, or the number and kinds of packages or number of gallons of turpentine to be so inspected, the name of the interested person for whose account such service is to be performed, his interest in the naval stores, and whether the request is to be considered for seasonal or for recurrent service at intervals. It shall be signed by such person or on his behalf by his properly authorized agent.
(c) A request to examine, analyze, classify, or grade naval stores may be withdrawn at any time before such service has been completed, subject to the payment of such fees and expenses as may be prescribed pursuant to $$ 190.18-190.20.
(d) Tank cars containing spirits of turpentine of which examination, analysis or classification has been requested, will be sealed by the inspector with a seal prescribed by the Department after the sample has been taken therefrom. No certificate of analysis or classification furnished by the Department shall be deemed to be applicable to the contents of any car so sealed, after the seal has been broken or removed.
(e) Except in the case of spirits of turpentine in tank cars, as provided for in paragraph (d) of this section, the interested person requesting any examination, analysis, classification, or grading of any naval stores shall agree that the same will remain intact and undisturbed until such examination, analysis, classification, or grading has been completed and the results thereof reported, and, in the case of rosin, the packages have been marked in accordance with the regulations; Provided, however, That in case such naval stores do not remain intact and undisturbed until the issuance of the report thereon, such report shall not be in the form of a certificate.
(f) All samples taken by an inspector or submitted by an inter. ested person shall become and remain the property of the Depart. ment and shall be disposed of as the Chief of Administration may determine.*+ (Reg. 10]
190.12 Certificates. (a) A certificate as provided by section 4 of the Act shall be issued in duplicate on naval stores examined at the request of an interested person. The following are the kinds of certificates issued :
(1) Turpentine Analysis and Classification Certificate.
(b) Each certificate shall contain the information required by the Act, and shall be numbered. The designation and form of certificate and the information supplied thereby shall be determined by the Secretary from the request and the nature of the service rendered, as set forth in paragraph" (c) of this section, or in $8 190.15–190.20.
(c) The owner of any rosin remaining in original packages which has been examined, inspected, graded, and marked by an inspector may, upon written request, obtain a Loan and Sale Certificate for U. S. Graded Rosin (hereinafter designated “L. S. Certificate”) to cover a specified number of packages of such rosin as to kind and grade. The request for such certificate shall be made in accordance with $ 190.11, and show in addition the name of the producer, the point of origin of the rosin (if it has moved subsequent to original inspection), date of purchase or sale, proposed date of shipment, name of consignee and destination supported by proper documents or other evidence thereof, satisfactory to the Secretary. Unless the Secretary is satisfied that the rosin has been previously graded and marked by an inspector and the marks have not been changed, he shall not issue a certificate. Such certificate, numbered, will show the number of barrels of each grade covered thereby, as well as identification marks, and will show that it is based on original Rosin Classification and Grade Certificates previously issued.
(d) If any part of a lot of rosin, for which lot and L. S. Certificate is desired, has not been previously examined, inspected, graded, and marked by an inspector and covered by a Rosin Classification and Grade Certificate, it shall first be examined, inspected, graded, , and marked by such inspector, and a Rosin Classification and Grade Certificate issued. The cost of such examination, inspection, grading, and marking will be in accordance with $8 190.16–190.20 and any expense incurred in connection with the handling, opening, spiking, marking, and coopering of the barrels shall be borne by the interested person in accordance with $ 190.14 (a).
(e) A certificate showing the results of any examination, analysis, classification, or grading shall be issued only on naval stores of which the samples have been taken by or under the personal direction and supervision of an inspector. The certificate shall be valid only for as long as the naval stores described thereby shall remain under seal or undisturbed in the containers, and while the identity and condition of the naval stores remain the same as at the time of issuance of the certificate.
(f) Certificates shall not be issued to cover naval stores, samples of which have not been taken in accordance with paragraph (e) of this section, or to cover any article which does not conform with
the standards established under the Act. In such cases a written report, which in no case shall be construed as a certificate, will be issued.*+ [Reg. 11]
190.13 Methods of analysis, classification and grading. (a) The methods of chemical analysis shall be those prescribed by the Association of Official Agricultural Chemists when applicable; Provided, however, That if no method of chemical anaylsis has been prescribed by the Association of Official Agricultural Chemists or if for any reason any such methods are deemed not suitable or sufficient by the Secretary, any method of analysis or examination satisfactory to him may be employed.
(b) The grade of a sample of rosin, taken in accordance with $ 196.10, shall be determined by comparing same with the appropriate standard types. The grade shall be the grade of the standard type which the sample equals or excels in color.
(c) A package of rosin which, when sampled in accordance with § 196.10, is found to contain two or more distinct grades of rosin, shall take the grade of the darkest rosin found therein. When sampled also from the bottom head this provision shall not apply if such bottom-head sample is not more than one grade lower than the grade of the sample taken in accordance with $ 190.10. If such bottom-head sample is more than one grade lower than the top-head sample, the grade assigned to the package shall be that of the darkest rosin found therein.
(d) Rosin graded by using so-called "charge samples" or "vat samples," namely those obtained by removing a portion of the rosin while in a hot liquid condition from a vat prior to placing in containers, or obtained from the containers before the rosin has become cold and solidified, is not deemed to have been graded in accordance with the provisions of the Act or the regulations in this part. The sale in commerce of rosin that is found misgraded as the result of such method of sampling and grading shall be considered as constituting willful violation of section 5 of the Act.** [Reg. 12]
190.14 Preparation, sampling, and marking containers of naval stores. (a) An interested person making a request for an examination, analysis, classification, or grading of naval stores shall cause the same to be made available, remove the bungs or heads or otherwise open the containers for sampling, spike the rosin or extract the sampler devices from the barrels, rebung or otherwise close the containers, and mark the same.
(b) Except in the case of tank cars and packages intended to be emptied into a tank car or tank, the interested person making the request shall, under the direction and immediate supervision of the inspector, place upon each package a mark to show that it has been examined, classified and graded, together with such further marks as the Secretary may require. If, however, the article is not naval stores, within the meaning of the Act, or does not comply with any United States standard for naval stores, the package containing it shall not be marked.
(c) All expenses in connection with the sampling, examination, classification, or grading of naval stores as set forth in paragraphs
**For statutory and source
see note to 8 190.1.
Pa 103 Page 104
(a) and (b) of this section, shall be borne by the interested person making the request.
(d) In case any mark placed on a package of rosin by or under the direction of an inspector has become illegible, the inspector will make such examination before remarking as may be necessary to establish the proper grade or identity of the rosin. No fee will be charged for this service, but the cost of handling, opening, spiking, and recoopering such rosin will be at the expense of the interested person.
(e) Any mark placed upon any package of naval stores by or under the direction of an inspector to show the classification and/or grade or quantity thereof shall not be obliterated, covered up, defaced or otherwise made illegible by any person other than by an inspector as defined in the regulations in this part.
(f) Any package so packed as to conceal the fact that it consists in whole or in part of an article which is not naval stores within the meaning of the Act and the regulations in this part, or any package deemed by an inspector to be unsuitable or unfit to be used as a container of naval stores in commerce, shall not be accepted for classification, grading or marking; provided, that any classification or grade marks on or any certificate issued covering any such package shall not relieve the interested person at whose request the article was inspected from responsibility under any provision of the Act or the regulations in this part, or for delivering a proper article of naval stores in commerce.** (Reg. 13]
190.15 Turpentine; cost of analysis, classification and grading. For the examination, sampling, analysis and classification of spirits of turpentine, or samples thereof, the interested person requesting such service shall pay a fee, depending on the nature of such service and where it is performed, in accordance with the following rates:
(a) For analysis and classification, viz., determination of such chemical and physical properties as may be necessary to ascertain purity, quality and/or compliance with designated specifications, the charge shall be at the rate of $7.00 for each sample so tested.
(b) For limited examination and classification, viz., determination of kind, and certain easily determined physical characteristics, where such examination and classification require laboratory tests but do not include all the tests described in (a) of this section, the charge shall be at the rate of $1.00 per sample so tested.
(c) For the examination and classification of spirits of turpentine in the field, viz., determination of kind, color, appearance, and quan. tity of such spirits of turpentine, the charge shall be at the rate of 5 cents per package examined; provided, that except where such turpentine is offered for examination and classification at regular or agreed-upon intervals, the minimum charge for examining and classifying any such lot of spirits of turpentine shall be $2.00; And provided further, That for such examination and classification of the contents of each tank car, the charge shall be $4.00.*+ [Reg. 14 (a)]
190.16 Rosin; cost of analysis, classification and grading. (a) For the examination, classification and grading of rosin pursuant to
ry and source citations,
note to 8 190.1.