(5) That duty-free or domestic merchandise of the same kind and quality as that designated was used in production within a period not to exceed one year from the receipt of the said designated sugar; and

(6) The quantity of refined sugar of the same kind and quality as that designated which was required to produce the exported canned fruit.

The quantity of refined sugar of the required kind and quality which may be designated as the basis for the allowance of drawback under these regulations shall be determined in the manner prescribed by T. D. 38904-C.

Extension effective as to canned fruit produced in accordance with the regulations on or after June 18, 1930, which is exported on or after September 8, 1930.

Supplemental sworn statement forwarded to the collector of customs at San Francisco, Calif., on June 10, 1931. (103746-12.) (Signed) F. X. A. EBLE, Commissioner of Customs.

(F) Fruit, canned.-T. D. 43069-F of December 4, 1928, providing for the allowance of drawback on canned fruit produced by the Sutter Packing Co., Mayfield, Calif., with the use of imported refined sugar or refined sugar produced under drawback regulations, extended to provide for the production of canned fruit under the provisions of section 313 (b), Title III, of the tariff act of 1930.

Records shall be kept in the manner described in the supplemental sworn statement of the producer, subscribed to March 27, 1931, affirming its sworn statement of June 28, 1928, upon which T. D. 43069-F was predicated, and agreeing to keep additional records which will establish:

(1) The quantity, identity, kind and quality of the imported refined sugar or refined sugar produced under drawback regulations which will be designated as the basis for the allowance of drawback on the exported canned fruit;

(2) That such designated sugars have been used in production within one year from the date on which they were received by the above company;

(3) That the exported canned fruit upon which drawback is claimed was produced with the use of refined sugar of the same kind and quality as that designated as the basis for the allowance of drawback on such canned fruit;

(4) That the canned fruit was produced within one year from the date the designated sugar was received by the before-mentioned

company;

(5) That duty-free or domestic merchandise of the same kind and quality as that designated was used in production within a period

not to exceed one year from the receipt of the said designated sugar; and

(6) The quantity of refined sugar of the same kind and quality as that designated which was required to produce the exported canned fruit.

The quantity of refined sugar of the required kind and quality which may be designated as the basis for the allowance of drawback under these regulations shall be determined in the manner prescribed by T. D. 43069-F.

Extension effective as to canned fruit produced in accordance with the regulations on or after June 18, 1930, which is exported on or after July 7, 1930.

Supplemental sworn statement forwarded to the collector of customs at San Francisco, Calif., on June 8, 1931. (103746-129.) (Signed) F. X. A. EBLE, Commissioner of Customs.

(G) Nickel products and cadmium anodes.-T. D. 44547-N of January 20, 1931, providing for the allowance of drawback on nickel products and cadmium anodes manufactured by the Harshaw Chemical Co. at its factory at Elyria, Ohio, extended to cover the manufacture of the said products at its factory at Cleveland, Ohio.

Extension effective as to exportations made on or after February 24, 1931.

Supplemental sworn statement subscribed to May 18, 1931, forwarded to the collector of customs at Cleveland, Ohio, on June 9, 1931. (101358-6.) (101358-6.) (Signed) F. X. A. EBLE, Commissioner of

Customs.

(H) Oils, dispersol and sulphonated.-Produced by Keiner & Co. (Inc.), Newark, N. J., with the use of refined sperm oil produced from imported crude sperm oil by firms operating under drawback regulations.

Records of identification, production, and exportation shall be kept in the manner described in the sworn statement of the producer, subscribed to March 25, 1931.

The records shall show, as to each batch of dispersol oil or sulphonated oil manufactured for exportation with benefit of drawback, the batch number and inclusive dates of production, the quantity and identity of the refined sperm oil used and the quantity, moisture content, and kind of finished product obtained.

A sworn abstract of the production records and certificates of manufacture shall be filed with the drawback entry.

The drawback allowance shall not exceed, the duty paid, less 1 per cent thereof, on the imported crude sperm oil used in the manufacture of the exported products, as shown by the abstract of the production records and the certificates of manufacture.

Rate effective on and after January 27, 1931.

Sworn statement forwarded to the collector of customs at New York, N. Y., on June 11, 1931. (7-1.) (Signed) F. X. A. EBLE, Commissioner of Customs.

(I) Red lead in oil.-T. D. 40773-L of March 23, 1925, providing for the allowance of drawback on red lead and litharge manufactured by the National Lead Co. of California, San Francisco, Calif., at its factory at Melrose, East Oakland, Calif., with the use of imported lead or lead produced from imported ore, as amended by T. D. 42223-I of May 24, 1927, and T. D. 43244-M of February 25, 1929, extended to cover red lead in oil produced by said company from red lead manufactured by it by mixing with linseed oil.

Records shall be kept in the manner described in the supplemental sworn statement of the manufacturer, subscribed to on April 17, 1931. The quantity of dry red lead which may be taken as a basis for liquidation shall not exceed that used in the manufacture of the red lead in oil, as shown by the abstract of the manufacturing records or certificate of manufacture.

Extension effective on or after August 19, 1930.

Supplemental sworn statement forwarded to the collector of customs at San Francisco, Calif., on June 11, 1931. (103896.) (Signed) F. X. A. EBLE, Commissioner of Customs.

(J) Sanmetto (medicinal preparation).-T. D. 38819-G of August 9, 1921, providing for the allowance of drawback on a medicinal preparation designated as Sanmetto, manufactured by the Od Chemical Co. of New York with the use of domestic tax-paid alcohol at its factory at 61 Barrow Street, New York, N. Y., extended to cover the manufacture of the same product at the aforesaid factory by the Od-Peacock-Sultan Co., St. Louis, Mo., successor to the beforementioned firm.

Extension effective on and after April 1, 1931, the date of succession. Supplemental sworn statement subscribed to April 30, 1931, forwarded to the collector of customs at New York, N. Y., on June 15, 1931. (101580-29.) (Signed) F. X. A. EBLE, Commissioner of Customs.

(K) Tanlac (medicinal preparation).-Manufactured by the International Proprietaries (Inc.), Dayton, Ohio, with the use of domestic tax-paid alcohol.

The quantity of domestic tax-paid alcohol which may be taken as a basis for the drawback allowance shall not exceed 18 per cent absolute alcohol by volume appearing in the exported product as shown by the schedule forming a part of the sworn statement of the manufacturer, subscribed to on April 6, 1931.

Rate effective on Tanlac manufactured and exported on or after March 27, 1931.

Supplemental sworn schedules covering changes in formula may be filed, and, upon verification of such schedules and approval thereof by the bureau, drawback may be allowed on Tanlac manufactured in accordance therewith.

T. D. 39239-G of August 31, 1922, as extended by T. D. 40240-I of June 2, 1924, revoked.

Sworn statement forwarded to the collector of customs at Cleveland, Ohio, on June 10, 1931. (101560-33.) (Signed) F. X. A. EBLE, Commissioner of Customs.

(T. D. 44992)

Marking

Synopsis of decisions on marking of imported articles to indicate the country of origin under section 304, tariff act of 1930

TREASURY DEPARTMENT,

OFFICE OF THE COMMISSIONER OF CUSTOMS,

Washington, D. C., June 26, 1981.

To Collectors of Customs and Others Concerned:

The appended synopsis of decisions on the marking of imported articles under section 304 of the tariff act of 1930, all of which were issued during the period from June 16 to 25, 1931, inclusive, with the exception of one which was issued on November 29, 1930, is published for the information of collectors of customs and others. concerned.

F. X. A. EBLE, Commissioner of Customs.

(1) Imported file handles.-To be assembled with files made in this country. The individual file handles should not be required to be marked. Held that, in harmony with T. D. 44671-36, only the immediate containers and outer packages or cases, if any, should be required to be marked under section 304 of the tariff act of 1930. Letter to collector of customs, New York, N. Y., dated June 16, 1931. (5-5.)

(2) Containers of fish.-Held that the boxes or other containers of imported fish should either be painted, stenciled, or branded, or otherwise permanently marked, to indicate the country of origin of their contents, when such marking can be placed on the containers in a clear and legible manner, as well as in a conspicuous place. Tags should be employed to accomplish the necessary marking of the country of origin only as a final resort, and when used should be securely

affixed to the boxes or other containers. Bureau letter of June 17, 1931. (5-5/2.)

(3) Small glass animals.-Held that such articles must be permanently marked to indicate the country of origin under section 304 of the tariff act of 1930 by molding the name of the country of origin on the bottom of each article. Telegram to collector of customs, New York, N. Y., dated June 18, 1931. (5-5/2.)

(4) Dressed and dyed skins.-Held that only the bales, bundles, or crates of dressed and dyed skins and furs need be marked to indicate the country of origin under section 304 of the tariff act of 1930, and that no marking is required on the skins or furs themselves. Bureau letter of June 19, 1931. (5-5/2.)

(5) Shipments of machinery parts.-Exemption from marking and from the assessment of marking duty was claimed by the importers under the provisions of T. D. 44202, section 4, subsection 3, and T. D. 44370-22, relating to articles for use in the importer's factory or place of business and not intended for sale, and further on the ground that the importations involved did not constitute entireties.

It was not satisfactorily shown that the importations involved fell within the exemption provided for in the above-cited Treasury decisions, and further, following the decision of the Board of United States General Appraisers (T. D. 40729) relative to the marking of parts of machinery imported separately, held that the machinery should not be released until marked as permanently as feasible and the 10 per cent marking duty assessed for the late marking under the provisions of section 304 of the tariff act of 1930. Letter to collector of customs, Galveston, Tex., dated June 19, 1931. (5-5/2.)

Held

(6) Children's enameled tea sets. Of utilitarian character. that the individual marking of each piece of the set should be required to indicate the country of origin under section 304 of the tariff act of 1930, and also the boxes containing the sets should be required to be marked. The cardboard mountings and paper wrappers are not required to be marked. Bureau letter of June 19, 1931. (5-5.)

(7) Metal pins.-The pins were imported as souvenirs to be distributed among the members of a relief organization. Held that they should not be released until stamped or otherwise marked to indicate the country of origin under section 304 of the tariff act of 1930, and the 10 per cent marking duty assessed for the late marking. Letter to collector of customs, New York, N. Y., dated June 19, 1931. (5-5.)

(8) Powder puffs.-Small powder puffs for compacts, not over 11⁄2 inches in width, held not to be subject to individual marking, the containers only (including both the immediate container and outer package) being required to be marked to indicate the country of origin under section 304 of the tariff act of 1930.