The times., 1897-09-05
Circular Defining Free Wearing
Apparel Under New Tariff.
DISPUTED POINTS CLEARED UP
Forgotten Goods May Not BE Sent
After Passengers PREDECESSORS
Abroad Two Years Lose Their
Residence for Free Entry Purs
poses Fraud and Bribery.

1 bnl providing for duty on personal bag
gage. lie says:
The provision in the act of July 24, 1897,
regarding the free entry of wearing ap-
parel and personal effects Of persons ar
| riying in the United States, Is IS follows:
Paragraph 69T. Wearing apparel. arti-
cies Of personal adornment, toilet articles,
and similar personal effects of persons
| arriving in the United States; but this
exemption shall only include such articles
as actcally accompany, and are in the use
| OF, and as are necessary and appropriate
| for the wear and use OF such persons, for
the immediate purposes OF the journey and
present comfort and convenience, and shall
not be held TO apply 70 merchandise or
! articles intended for other persons or for
sale: Provided, That in case OF residents
| of the United states returning from abroad,
all wearing apparel ard other personal
| effects taken by them cat OF the United
States 10 foreign countries shallbe admitted
free Of duty without regard TO their value.
upon their identity being estabhs he'd, under
| appropriate rules and regulations to be
prescribed by tie Secretary OF tbs. Treasury,
but no more than 500 III value Of articles
| purchased abroad by such residents of the
| United States shall be admitted cree OF
| duty npon their return.
Under paragraph 6e7 OF the present
| tariff Law free entryis restricted to wear
ing apparel. articles ofpersonaI adornment,
| toilet articles and to such per sonal effects
| as are similar TO wearing apparel, articles
| OF personal adJrnment and toilet articles.
The term wearing apparel in actual
use of persons arriving in the
| United States" has been sometimes con
| strued to embrace articles not actually ac-
oompanying the passenger, but which are
| forwarded months after the owners ar
| rival, owing, in many Instances, t0 the
fact that the effects Were invoiuutaTuylef5
| abroad, or that the owner came to this
country without any definite intention OF
remaining. No such liberal construction
can be placed upon the law as il now
exists, the requirement being set forth
| that this exemption shall only IN -luds
such articles a actually accompany and
| are in the use of, and as are necessary
| and appropriate for the wear and use
OF such persons for the Immediate pur-
poses Of the journey and present comfort
and convenience.
Under this provision OF law. only such
articles OF wearing apparel, toilet articles
and similar personal effects as actually ac-
company the passenger are entitled 60 free
entry.
THIS limitation does not. however, ap-
ply to personal effects taken abroad by
residents Of the United States, the law
providing as 10 residents, that all wear
ing apparel and personal effects taken by
them out Of the United States to foreign
countries shall be admitted free of duty
upon their identity being established un-
der appropriate rules TO be prescribed by
4 FF1a-ls
personal effects taken abroad by residents
of the United Ststes are separated from
item by accident or other unavoidable
cause, and closely follow their arriv al in
the United States, they may be admittedto
free entry on their identity being estab-
| liShed to the satisfaction OF the customs
officers
1t viii be seen that the law now estab-
ishes 500 as the maximum value Of arti-
cies purchased abroad which. under para
graph 697, can be brought in free " duty
by pass engers who are residents of the
United States. Whenever. therefore, a
resident shall declare articles in excess OF
500 in value which are dutiabIe under
this provision, 1t shall be optional with
hir 10 specify the articles which are in
excess: provided. that if such declaration
ard specification is not made By tie pas
senger, lnty shall be assessed upon that
class OF articles in excess of 500 which
is subject to the highest rate of duty
| But ali wearing apparel and personal ef-
feCtS taken abroad by the passengers shall
be admitted free OF duty.
The proviso in paragraph 69T contains
special provisions and limitations con-
ceraing residents of tie United states re-
turning from abroad 1t therefore be-
comes necessary to define the term resi-
dents of the United States returning from
abroad, lin order that customs officers may
have reasonable guide in The practical
application of the proviso. The word
resident has, in law, more than one
meaning, much depending upon the con-
uection and purpose in which it is used
As used in this proviso TO paragraph 697,
il is held by the department. 20 include
all persons leaving the Cnited states and
making journey abroad, and, during their
absence, having no fixed place OF abode.
Persons who lave been abroad Two years
or more, and who nave had. during that
time, a fixed place OF abode Tor one year
or more, viii be considered as non-residents
within the meaning of this law
| Passengers dissatisfied with the assess
ment o. duty upon their effects should be
advised OF their rights to file protest
with the collector OF customs at the port OF
arrival, against such assessment
Attention Of officers OF the customs is
called to paragraph 645 of the new act
It will he observed that the act OF 1894 pro-
vided for the free entry OF professional
books, ETC., of any person arriving in
the United States" while the present act
admits to free entry only such as are hroUgh5
by persons emigrating TO the United
States" except W hen imported as house
hold effects under paragraph 5O4- This
excludes from free entry prof essiOnal
books, except books of domestic Pr
duction ana looks printed entirely in
foreign language, when brought by residents
of the United States, by tourists rro-a
| abroad, OF by any person not coming To
his country with the intention Of be-
coming a resident hereof.
IN order that passengers may be duly
| apprised of the requirements OF the law, 4
Notice to passengers = which will con-
tain u copy of paragraph 697 in fun and
a reference TO the provisions of law
against differentiation and against bribery,
will be distributed among the pass engers-
Boarding officers and other officers who
assist passengers in filling up their dec
larations should be instructed to ask them
whether they have in their baggage or
on their persons any articles purchased
abroad or intended for other persons or
for sale Whenever practicable, the bills
of purchase covering dutiabIc articles should
| he produced by the DaSSeDgpr tn the an