The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-21
GENERAL WASHINGTON OESPAT CHES

WASHINGTON August 20, 1877.
ARTIFICIAL coLOR1NG OF IMPORTED SUGARS
FOR REDUCTION OF DUTY DECLARED TO BE
DIRECT EVASION OF LAW.
The Treasury Department has issued circular upon
the subject Of sugars artGcaly colored II is in the
shape of letter 10 the Collector Of Customs at Boston,
iollows:---
The letter of your special deputy OF the 18th inst
is received In which no encloses one from United
States District Attorney Sanger upon the subject OF
sugars arliciaIy coored. The instructions you Of
the I'd inst that, any case where 1t was found
that sugar had been purgci by tho centrifugal or other
process, aud had been subsequently, coored
by the addition of foreign substance duty
OF fifteen cents per pound would,be imposed under
schedule Of tho Revised Statutes That duty is only
applicable TO sugars which havo been colorcd, tine
tured In any way nduitcrated after being refined,
and the question is raised whether sugars which have
boon merely purEed by tho centrifugal other process
con- Of the decision OF the United States Su.
premc Court in the case of the Barlow claimant
Peters, 204, be considered refined sugars. Waving
consideration OF that question II is deemed proper 10
refer to the clause in the Revised Statutes which
imposes 10 cents per pound duty on coored sugar.
Three paragraphs In schedule G read ioilows:-
Sugar candy not colored, 10 cents only per pound
and all other confectionery not otherwise provided
sugar after being refined, when tinclured, coored
or In any way adutcrated, vuIned at 80 cents per
pound or less, 10 cents per pound. Confectionery,
valued above 80 cents per pound whom sold by the
box package or otherwise than by the pound 90 per
cent nd vaorem. The term "sugar" is thus used
refers only TO article which may have a value Of
30 cents per pound The value OF 30 cents pound
IL the dividing line between the duty OF 10 cents
pcr pound and 80 per cent ad vaorem, and the pro-
Vision of law referred to probably framed 10 pre-
vent Of candy or confectionery undcr
some other name at o less rate OF duty. Tho de-
partment is therefore, OF opinion that the provision
OF law which imposes ntteon cents per pound duty on
sugars AFTER being refined when tincurcd, colorcd or
in any way adueraed not applicable 10 the class OF
sugar under consideration. Tho practice OF coorng
sugars by any foreign substance the purpose OF
lha radQ
thereby securing their entry at the Custom House
n lower rate OF duty than would be charged upon
their true color, undoubtedly an evasion OF the
true intent OF the law. In the case OF she United
States against certain sugar. OF which the San Fran
cisco and Pacific Sugar Company were claimants which
tried ia $780, II was held that this word color"
in the Tariff act, applied to sugars, must be I'M
cerstood to mean tho degree OF brightness
which tho sugar had attained In the ordinary
course OF tho manufacture, and that II this DO alter
ward changed artinciay the hue 30 acquired cannot
be considered the coor rcicrrcd TO by Congress
standard duties In view Or ai the facts now pre-
sented tho department directs that on mportations
Of which shall be found 10 have been arttncaly
coored after ma ufacture the samples taken shall DO
cleansed OF their artificial color, and that the duty
shall he assessed upon she true color go ascertaned
Certain sugars were detained by The customs officers
al New York, In January last, which, Tor time,
wcro believed have been artincally colored, but
were subsequently delivered upon the opinion of the
District Attorney that no fraud on The revenue
had been committed, as the coloring matter was
found TO be merely caronc, or burnt sugar, and was
therefore not a foreign substance This department,
however, made decision upon the question, and Il
now deems its duty to inform all parties that the i'm
portatou of sugars ariHciay coored for the purpose
OF securing Their entry at the Custom House at lower
rate duty than would be charged upon the color at
tanned in the ordinary process Of manuhcture IS re-
qarded direct evasion OF the revenue laws and all
impor atoms of that character made into the United
states on and after the LIST OF October rcxt will be
seized and prosecuted for forfeiture