New-York tribune., 1897-08-12
DISCRIUIN4TING DUTY APPLIES.
A DECISION BY THE ATT ORNEY GENERAL
AS TO GOODS COMING INTO THIS
COUNTRY BY WAY OF CANADA.

Washington Aug 1.-THE Attorney General, IN
an opinion given to the Secretary Of the Treasury
to-day decides that goods. the production OF ior-
eign country not contiguous to The United States
which are regularly imported into Canada ana
afterward exported to the United states are sub
ec to the discriminating duty of 10 per cent pro-
vided for in Sector % OF the new Tariff act ana
also that the method of conveyance whether oy
water rail Oi otherwise. f. not material Tne
question cf whether goods transported through
Canada &C. the United States under consular seal
are subject to the duty has get been deter
mined. The in point that of 5000 worth
of diamonds which were detained at one OF the
frontier custom-houses until this question Was de-
cded The diamonds subject 10 the 10 per cent
duty. The text of the opinion is as follows:
In your communication Of The 9TH inst YOU state sd
that recently since ne Inrm act 9t ; yu{ I'm =; Ig I'M.
ported into the United States from the DOMINION
Of Gap1S sate TSes@ diamonds wers the prodc
ton of foreign country not CONTIGUOUS 10 mo
not b. regarded as imported in the usual course of
strictly retail trade. The method OF transports,
lion OF the dianonds from Canada into the United
States whether by vessel, rail or otherwise, Is not
stated After calling attention 10 the provisions
OF Section % of the Tariff act OF July u Hs' you
%First-whother a discriminating duty OF 10 per.
cent undei Section - should be levied on the d'A'
second Whether in determining the liability OF
terial tc ascertain the mode Of conveyance used IN
Transporting them into the United States fro"
Section IA of the Tariff act of August 2s 1894.
provided discriminating duty OF 10 per cent on
goods imported IN foreign vessels WIZ certain e5
OF the Tariff act of July q 1884, continued the dis
former law. and added discriminating duty Of 10
per cent on all goods which being the production
or manufacture of any foreign country not con,
United states" from a contiguous country without
being imported in the usual course OF strictly
retail trade" The full text of the section is hero
quotedl ., ,,.,,,,,,, ,,,v
The nresent law imposes a discriminating duty also
on goods which come into the United States from
contguUus nrie of striciy retail trade II will be
observed that the word imported Is NOT ised IN
Connection with goods which come into tne
United States from CONTIGUOUS Houn,y, sase E ,bs ~
the exception eXempting goods IMPORTED IN ~ ~
usual course or srify re1a M, nacessary To- con-
sder the precise effect or the "ords .oih" -
AS DISTINGUISHED from the word .lmnor'eo " '''
daod there he any difference In meaning ,,
In detfrmining whether the goods under cons'd,
Grafton are subject 10 the discImiha,nS uor,a "ua,
Is not material to ascertain the m9ie Oh ~, "a
Ion or method of importation, II Is suHo iSul W
know that they come INTO me hi'cn -, In
from a contiguous country and within class v M
iac, ." dntv namely are the production or manu-,
facture of foreign country not " WVswal
ITnited states" and no, imported IN the ussa' %
,n,s s 81 strictly retail trade" Your first question
Is therefore answered In the afnrmatNe your '
ord IN the negative - -. ~.
II Is said at the Treasury Department '"'' "'
r,o., ,mnortans question involved In the lhterp,e'
'a,,o, =, section % is now under consideration
,he Attorney -GencraL This question Is netnsr s
snreien goods coming through Cansda under dnsy Tv
,,ior coal are subject 10 the dscrimlnatlnk S.
rh"se goods II Is said. form large PART OF ,nn u
eypor,ations OF tea and other comnoolt'"s ard
go, "a Ionan coming hv way or Nancou.st e., a..
chha ri% S raiIroads 20 the cities OF the Mdes
Wsst and Eastern States Ihs Nolunr or ora-rsi is
covered by the opinion o u, I,h ~ SS,ds shipped
unimpor,ant as compare' WIKI Inc eo~"'
I'm hOnl.