New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-13
DEPARTMENT OF JUSTICE, !

To the secretary Of TIE treasury:
SIN: Yours the 26ih inst, addressed 10 the Attorney
General has been considered, and herewith submit
reply Your communication refers 10 cse pres t
10 vonr immediate predecessor, by an appeal OF thc
Clark Thread Company. OF Newark, " d. from drclslon
cart IN manu- acturrs of iron and steel: and calling at
tention to the rule laid down by the Secretary III hu
ing tue decision below as well as to previous ueclNlon
up,n a similar matter by Secretary BilstoW, anu Tts'
ton OF tie DE tmeut when pffcci OOi u'Ilsio
you ask whether your acton shonI pe Eusu Nv Nv, ~.
last decision bN the regulation hIiousn IT 10.
preSsy said infer mat TINS question conVclns '
state of this case then i rs follows:
Congrtss having provided that on the importation OF
the following ari les the following dulles sdIl DC al,
viz: % u manufacturers OF stetI, OF Oh Wien 49,
snail be- component part not othGr IS PinNt.u lol'
4Gs atom; aud ~ manu- ureis III, n" y o'icI
wise moglded for OF non thTp-HNc per
cenh, al raoten" Ubid y. Al toi) The secretary OF
the Treasury, prio 10 ihe year l6'3 lssHen .9 Trsa
tiru. "On all articles MANUFACTURING from TWO OF
rates M Which any of lie component parts may he
charged Wnere however, dinert mt pats OF machinery
oven though in the package are readily sepIraDic
IN classification and assessment ol uul! tdGn WIN nc
law and regulation ticie Was presented TO
: .crctary BrstOw III 1870 case OF lhe ihi-
uort,tion OF machinery s1Ee portions OF Whlch
Iyr eel and oilers iron, such cctiye portions being
s,.rtt,y pacA'G ana then wclghs separately sdlcu III
aratc portions was gwen Ia detail, the wAoc was
duAle as sicci AT A per c,nuin AIerwaId III $50,
VA nr,rt, To Secretary Morrill, TIE case o. the Clark
Tlr,Id COMPANY which nad Imported quantity oil ma
cnnery the invoices, pack ges ana Valuations te IRON
tn E"rions .omposcd steel, OF st el combpcd
VITA non; aud IL was hcld Una, rs tNe ~ ~, us az
~ a soulcy ssentsl 20 It's proper Work. So thc lin-
-. nm Notwithstanding the seplrae invoices, etc,
ifa. an entirety anu within tc above decision OF
srcrary B-tuW. Mr.. BIi,toW = dcciH.n refers iOr a
rority 10 ,,sun made III 1877 a. Secretary BoutNeli,
vino NE hat. nasiuucn - IN he case before h, tho
invoices Of the machinery Ia qu aton-O IRON ana ste"'-
were made out tdt the value OF Inc different portions
Thereof were separately stated ana also tndi tIe sec
port oAs OF ,hc machinery were it"'eJ P@chc", SO
mat thol value could b. easily 1c.h'd ID! Illumination
t Sc different portions were to DC charged Win separate
du les. ,..,,... c. r,s.
tow IL, prs,ut a cisc villain the Administrative rcsua
ton above quoted; that is one III men tAe llS'cst rae
q. duty to be assessed because "a" uHci'Ht ma,
tclIas were "r,adiiy sp"rdble" IN assessment
Whatever he Thought oi te - cetaIy JuEmeht-
bic for assessnel,t iUd .cdson 10 question ~ u
tLat H. gave 10 the R'''d'o' .Ae stoPc PROF.
thereto NHeh ne applied IL 10 a matter 81 mere ud-
,,tJiSr4fi0r. According 10 THIS "rddIy s-pdia-
bio" means readily separIblc a. items IN the rev
enue customs Act by O"cld'a ieqnI,u TO CAe'ule IL
Ylis is the proper sphere OF Il regulation winch
ordinarily ia uolt o IN DRY can neither cnarge nor re-
atI.In s.,tue ahd III POM % ,n'gl i nc sg 10 90 80
only 80 lar a. parties having recourse win me De
PAYMENT wAicn iSsud the regulation ure"sonIby i"
- conform thai intetoh 81 lnee,o rae ue' is'o o 80,
rct.ty Mo4.lh goes farmer. and holds mat manu-
iacuc o steel KNOWN To Dy al Integral aud npor
L4nt ,uuet tuent machine winch wien sci up VIII
conpIis, auufac;ul, 81 iiOn," n orted at the Same
mater tla ny oistinc. voices, packages aud values
uey nave been ARRANGED a. 20 oc readily sePiolc by
Onc.as whose du'S 81 is 20 separate 'Yr 'ii purposes
a.ulles ~Dlca are manufactures 60 Steel
iaasiucD. Therefore, tno decisions quoted in the
/
oe ,,t, mere niade nave 90 enquire whether tie re
Nlscd sttutcn warrant tc pllnciS Lana dO"h as above
uoca h., stcr,t.,r, sOti1i. TIc question turns upon
Inc. ur IN acUres, as used Ia tie provision above
q.ocd Congress has CHOSEN not to use Tue "ord ""cHc
! n, tbs connecticut The meaning Oi tne Word mdHn-
| nurture L. more extensive man, ana uuudt r
| tbat OF tie word Bdctuie. Ia some cases Il
/ manufacture may be machine. Ia Others not.
| The cu,,Oms acc renders manufacturers uuilaOc
wucth,r maciI.s not l. e., du.Ipic Simply ~ tcr
c.r,,.r 10 manufactures Al i chant import ana
chime III condition. rcEdrcs invoices, PACKAGES,
etc. as 10 integral WhJir, Al II no dodbt 10 lie
utiied As Il s,neic 'mdufGCtulc." Ana wActner II he
SUCH Whole may, within reasonable ils as ABOVE. 10
DENIED by regulations. But ~ there Do nolhg IN the
manner of the importation thereon to consolidate ndnu-
ftctutp, of md manufactures Ui stc tno Natural
uculn OF thy abOs quoted require tncr SCI
aIon as much mat Ol ay other hcns ibc tOdut!
Al oi tarm pa poses the customs ON ts can dcl WIN
"A maIG!al Il, ~ seems 40 ne tAat
u tucrrupuu iusIItuiII- inquiry whether that article
be MT upon part Of macLuc, they travel
on, OF the record. therefore submit that the principle
above QuOcd the 81 the taih Ilc Il Company
IS not which should COVE. the similar cases now
bcloe YOU; Also mat tie regulation quoted above
| Is III such case reasonable, and should be applied
| Very respectfully our uDcdlcnt s.iydnt,
:. y. lnILlrs, oohciiOr-Genera
| Approved: CHAs. DEvENs, Atty-GtncIu.