The Sunday herald. [volume] (Washington [D.C.]) 1866-1887, 1886-05-09

imported Fruit Juttes-How They Are Used TO As-
sist In the Smuggling OF Alcohol and the AduI.
tcrstion OF Domestic Wines Necessity for a
Change In the Tarir to Prevent Fraud on the
Revenue and Imposition on the Public.
CusroN-liousE, SAN FRANCISCO, CAL,
COLLECTORS OFFICE, April 10, 1886.
Charles 4. Wetmoro, Esq
SIR: The collector has handed me your commu-
nication OF the 9Th instant for reply.
The Tariff Act OF March 0, 1883, Provides schedule
q, for "frult juice" go per cent. od ra,orem.
In schedule A, for "alcohollc compounds, not
otherwise provided for 80 per gallon for the alcohol
contained, and 90 per cent "a roiorcni."
In schedule II, for "compounds or preparations. Of
which distilled spirits arc component part OF chief
value, not specially enumerated or provided for
duty not less than that imposed upon
distilled Spirits"
In schedule A, for "coloring for brandy dfty per
cent.
The average alcohol strength OF the mportations
at this port is, say, 10 per cent? or 30 degrees proof
spirits. Foreign values range from 20 to 40 marks
per 100 ltres exclusive Of the cost OF packages; the
latter, from to $50 marks per 100 ires. The APP
prasers determine values by the quality Of the Juice
and its alcoholic strength, the volume OF alcohol
seeming TO control the value. The revenue collected
at this port during the past year will approximate
$4,000; gallons, say, 10000; entered value about
$4,000
Theuse OF the imports Ia understood to be their
mixture with the native wnes for aiulteration, col
orlng and stretching by addition OF water and splr-
Its. II found, upon examination, to be "fruit juice"
purely, and but sufficiently fortified with alcohol for
It's preservation, It is classified under schedule O.
"frult juice" II found to be compound for color
Ing wines, 1t is classified under schedule A, by as
sImilation to "colorlng for brandy" by virtue Of
section 2ta9, Revised Statues: Provided, The vol.
ume OF alcohol contained would not recgate 1t either
to schedule II, asa "c0mpound Of which distilled
spirits are component part OF chief value, or to
schedule A. as an alcoholic compound not otherwise
provided for.'" The question for the appraiser to
determine is, Ia the Importation what is commercially
known "a "fruit juice" not exceeding In volume OF
alcohol the degree fixed by the department; II 80, 1t
is classified under schedule q, and Is dutlable at 20
per cent. al pdlOrem. You will find rulings Of the
Secretary Of the Treasury In the synopsis OF decs.
Ions Nos o6I2, july 1875 1926, August 1882; 539s,
September is, 1885, GAGS, June &c, 1884, and 7iol,
September Q, 1885, the latter to this port.
No. 1926 covered an importation at Cincinnati, 30
casks cherry juice The appraiser held that It
should he dutlabe at the rate Of 81 per gallon,
compound OF which distilled spirits was chief
value. The Department, ruled that "fruIt juice" be-
Ing specially provided for, It was dutiable as such,
Irrespective Of the amount Of alcohol contained II
commercially known as fruit juice" court deci-
sion quoted In support of the ruling which involved
the proper classification Of an importation OF var
nlsh. Under the late tariff law varnishes were
subject TO duty according to value per gallon under
the present, 10 per cent. ad pdiorem, unless a
'spirlt varnish II the latter, sla2 additional duty
per gallon Is exacted.
The principle Is established that an article spe-
cially named In the tariff must pay the rate provided,
thour
that would cover 1t well, rs in this case. Decision
5a0s covered an importation which contained as
high as 45 per cent. Of alcohol. This the Depart
ment decided was "not the fruit Juice of commerce.,
and 1t was held for duty at 81 per gallon. The de-
cison connlcted with No. 1890. There Ia, believe,
a fixed or known percentage Of alcohol required TO
preserve fruit juices, but the tariff Is silent upon
the subject 1t should be nxed as in the case of still
wines, by law.
Attempts have been frequently but unsuccess-
fully made at this port to enter compounds for
c0l0ring as "fruit juice" A late importation
entered, hut was classified "coloring for brandy"
by assimilation. An appeal was taken to the De-
partment Sample referred to New York for analy-
SIS, with the following result: "a concentrated
solution Of an artificial dye, naphaline, containing
pyrollgneous acid, starchy and saccharlne matter,
free from alcohol and contains solid extracve mat
ter, 45 per cent, mineral matter, per cent"
The rate should be changed for "fruit juices" to
81 per proof gallon differentiation would be
checked, and the wine-producers protected As re-
qnested, samples have been procured from the
Appraisers Department of late mportatons, exhlb-
iting their value and the volume of alcohol found
in each.
Appraiser Thompson has been carefully lnvesii-
eating the foreign market value Of the importatlons
and their classification, am satisfied, is In accord