New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-30
WooLLENs, NOT woRsTEDs
SECRETARY WINDOW sUsTAINs THE Gus;
TOMS OFFICERS
AN IMPORTANT CONTROVERSY sErrbED-cHTEr

Washington. Nav 2e-Secretsry Window mas
affirmed the decision OF the Collector OF customs
no New-York assessing duty at the rate oil 30 Genus
Der pound and IS per cent I'D Valorem Gu rvoeno
mportations by H. Herman Sternbacn az Co. anu
BALM. Joseph & Co., OF so-calied wors'eu coat
ines. suitings etc. used In the manufacture Oh
mems and boys clothing. The secretary heiu
that az these articles were made in part OF wool u
was the evident intention of the statute that they
should be assessed for duty at the rate appncaOle
for manufactures Of wool, instead Of at the lower
rate under which they have been previously ciassl-
fed as worsted cloths.
The main points OF the Secretary's decision on
this subject are as follows:
The appellants in their protest. claim that the goods
In question manufactures Of woPsted and contain
no WOOL and SUCH costing under 90 cents per pound
arc liable 10 . duty Of only IS cents per pound and
% per cent I'D vaoram," under Schedule X IT. l.
new $685. Act Of March 3, 1883.
The question involved thus becomes one Of fact and
the proper customs ofheers, upon whom the law has
conferred Jurisdiction in the first instance TO examine
and certify the facts, having found and decided
that those FOODS are wooen cloths" and manufactures
u wool" within the meaning Of those terms used In
the Tariff Act their decision in this respect ought not
be disturbed unless clearly that they have
misspprehended the facts reached conclusion un.
supported by them The question IN the form presented
by this appeal here for the first time and Is
unembarraSsed by any previous Departmental ruling
upon It.
1t is claimed in support OF the contention that these
cloths manufactures composed wholly OF worsed and
specially enumerated provided for in the Tsrh Act
which is their manufacture has been
scmbed well osred and that whenever WOO IN the
OF It's manufacture into comocd tho product
invariably substance material known as Worsted
end that when this substance material Is wholly en-
poyed IN the manufacture Of cloth the result Is manu.
feature composed wholly Of worstcd" not especially pro-
vded for and therefore dutisbe at the lower rate pre-
serbed in Par 863 1t IL claimed that this conclusion
inevitably follows without reference TO the kind or quail
Iy OF wool used the and purposes for which the
manufactured article my be INTENDED or adapted
II is conceded that the wool now commonly used
I'm the manufacture Of which the subject Of
this appeal is not Of the kind known as "eomoing WOOL
designate1 Glass Two Par 1870 In the Tariff Act; but
Ia fine "ciothing wool" belonging TO Glass One (Par
1851 1t Is further that It f. only within recent
years that these cloths been known 10 commerce.
improved machinery having made It practicable
10 manufacture from the na clothing wool which
has been subjected the process OF coinbng after IL has
been carded 1t to be undsputed that the dehn
ton OF worsed" originally confined 10 the product
Of long cOmblng woods Webster. In the latest edition.
described the term as follows:
Observation-Disclosures yarn, spun OF long staple wool
been cOmbed to lay the nhres parallel used Tor
carpets hosiery, gloves and the like"
Ii therefore important TO determine the sense
IN which the is used in the Tariff Act; whether
according Its original and proper meaning or whether
Il broader application and to be 20 Construct
as TO include large and important class OF fsofies "heh
were not within Its when the term was nfst EN-
poyed in our revenue laws The intent Of Congress-
should II possible be discovered In the present case
there two paragraphs under which II eohVehoeu INC
goods in question may be classified
lst-Paragraph 3e2. "Woolen cloths. woolen shs~is'
and fill OF wool Of every description, MADE
wholly IN part Of wool. not otherwise enumerated or
provided for in this act" etc.
2d-Paragraph &c., "Flanneis, blankets. ETC.. woolen
and yarns and all Manufactures OF cvefy desrp
ton composed wholly or IN part OF worsted the hair Of
Ihs alpaca goat other animals, except such as are
composed in part Of wool. not specially enumerated OF
provided for in this act valued" etc.
II Paragraph stood alone II would not he disputed
that cloths dutabe hereunder either under
the specific designation Of woolen cloths OF uhaer he
Designation Of all manufactures OF wool OF every deSerip
tlon worsted itself being manufactured fabric or ma
teria made from wool. either wholly or In part
After careful examination and consideration OF all
the papers and authorities bearing upon the question,
have reached conclusion that there Is nothing In the
language employed in Paragraph 3eS which eHeps these
cloths from the operation OF the provisions OF the pre-
ceding paragraph The term "woolen cienk 10 fafa
graph 3s2 is a specific designation Of class which "a'
I think intended include al cloths made from WOOL
The term cloths has technical and restricted ssnhea
ton and can properly be only applied TO the thicker ana
heavier fabrics wool which 20 finished ana close
a. to be adapted by the tailor or cloter IN the
manufacture Of garments and boys 1t appears
that these socalled "worsted cloths are made from
clothing wool In the mills In which other cloths are
made and by the machinery ard that the wool ~
esr6ed Is well eombcd, ard that they amer IN no
essential respect in process OF rufaeure from other
voolen cloths except while in the LATTER case the
wool IA simply eardcd IN the former II Is both
earded eombed and they art both adapted to the came
Gse
They are also elsssed with woollen cloths by eS
pert authorities upon the subject.
Thore being special numerst;on provision In the
Tariff Act to wit wooen cloths under which these gooas
may classified It folC that Paragraph 1868 has no sp
pcston to them includes only such manufac|
tcr . review OF the various tariff ensetments
upon the subject 1916 the present time leads to the
conclusion that the term manufactures Of wosted In
Paragraph intended 10 include only those FABRICS
not speoay enumerated provided for which made
from tho long staple eombng uools described In Para
graph SA all the tariff laws the term seems 70 have
been Synonymous with that Of stun goods which
being Of cheaper quality were always subjected TO
lower rate duty than wcoen cloths and manufactures
rbe ease Of Elliott versus 10 Peters 1870 is
relied upon sustain the claim that these coangs and
kprs are manufactures Of worsted and hence are duti
AHA AZ the lower rate. But do consider the care
tairiy susceptible OF such an application The
court did not hold all manufactured articles In the
production of which combed wool Is used are To be re-
Rsrded as manufactures Of worsted On the contrary the
Chief Justice OF the Supreme Court In subsequent case
At the Circuit Cigg Friek TaneyS CireuIt Court Dc
rIsiops lcO) discaied any such broad application OF
the decision in the former case
" a. think 10 satisfactorily appears that the term
m,nuctures Of worsted" when nrst introduced into our
tariff laws referred exclusively TO certain products manu-
eurd on the long eombng woods. then It should be 20
construed ana limited In all subsequent statutes upon the
subject into which It may be introduced 1t has been
repeatedly the designation or description OF an ar
ee or class articles tariff enactment Is not 70 he
sxropded beyond articles which, according 70 CONNER
sa usage prevailing the time the law is passed. arc In
.uded therein and that articles which may be subsequently
Invented produced composer OF different matreas can
not propeYly included in 'ueh classification although
they have the sane commercial designation and applied
In determining the question involved regard should
aso be had to the provisions Of Section $3.50 that II
two or more rates Of duty should be applicable N
imported article II shall CLASSIFIED for duty under the
highest Of such The Government cannot ap-
ply the for en- Interpretation OF the LAY" oa
the importer
From tho data before g appears that the cost Of
machinery and labor required for the manufacture o.
costngs and sutngs IL greater that that required
manufacture OF cassimeres and other woolen cloths