The morning call., 1893-08-23
CLASSIFYING TOBACCO.
A Loose Practice Stopped by Assist
ant Secretary HamIin.

AIT S(ICLdi y
Assistant Secretary OF the Treasury
Hamlin has found that the construction
of the tariff act of 1890 made by the Board
of General Appraisers in February of last
year, in reversing the decision of the Col
Iector of Customs at Tampa, Fla, made it
possible for very loose practice to be-
come the fashion among tobacco im-
porters.
Emilio Pons & Co. Of that place had i'm
ported tobacco, upon which duty was ex-
acted at the rate of So per pound, under
paragraph 242 ef the tariff act of 1890,
which provides as follows: Leaf tobacco
suitable for cigar-wrappers, if not
stemmed, 50 per pound; If stemmed. 81 rs
per pOund-provided, that IL any portion
of any to bacco i'm ported in any bale, box.
or package or in bulk shall be suitable for
cigar-wrappers the entire quantity of to-
bacco contained in such bale, box, or
package or bulk shall be dutabie, if not
stemmed. at 81 per pound"
The Collectors decision was as to the
classification of this obacco, and the board
assumed, as it had previously held the
word "portion" to mean an appreciable
quantity, that Havana filler tobacco filler
Of uniform kind, having 10 per cent or less
of leaves suitable for wrappers for cigars,
is not recognized in trade as tobacco con-
tanning any portion suitable for wrappers
= does not constitute an appreciable
quantity
La conclusion the hoard held that with
in the meaning of the statute there is no
portion of the tobacco covered by this pro-
test suitable for wrappers for cigars" and
the protest was sustained.
No appeal was taken by the department.
aud this acQuieScence is what has led TO a
loose enforcement Of the law.
Collector Wise has according received a
circular from acting Secretary Hamlin
stating that ;he language of the existing
law is Tree from ambiguity and the depart
ment holds that IL should be enforced ac-
cOrding to its legitimate meaning. He eX-
plains:
The difficulties which arose in the admins.
trati0n OF paragraph 246 of the tariff act OF
March 3, 1888. mOnstrated the evils of a
Classification which Is dependent upon the
private Judgment of examiner. 1t was
found almost impraclicable TO ascertain
whether the admXGure of an inferior grade 6t
tobacco IN any bale reached or exceeded l 5 per
cent OF the Whole contents, and, a result of
this difficulty, examiners were sometimes sub
Jected 10 the charge OF Intentional perversiOn
Of tie facts.
Ia framing the tariff act OF 1890 Congress
aOhn dOned the attempt TO detne arbitrary per-
centages of admiXture, and provided that the
higher duty shall apply 10 any package of
tobacco of which "any portion shall be suitab e
for cigar wrappers" but the effect OF The de-
clSiOn or the board of general appraisers III The
case above cited has been virtually 10 revive
the Objectionable features Of the obsolete law
OF 1888.
In his concluding paragraph Mr.. Hamln
gives the following instruction:
Collectors of customs and Office acting as
such will hereafter classify the entire conten, :
OF all pacS ges of imported leaf tobacco. any
portion OF which is suitable for cigar wrappers,
tor duty at the rate OF 50 Her pound.