Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-11
MATTER OF
Opinion Of Attorney General on Discrimi-
mating Duties.
The Question Raised on DiamonAs--
Subject to 10 Per Cent.

noon sent to the Secretary Of the Treasury
an opinion as to q part of the question
Of levyfng an additional duty of 10 pei
cent on goods brought into this country
through another country. The opinion is
as follows. and is self explanatory:
In your communication Of the 9th in
slant you state that recently, since the
tariff act Of July "a, 1897, went into effect,
certain diamonds have been imported into
the United States from the Dominion Of
Canada. a foreign country contiguous 10
the United States. These diamonds were
the production of a foreign county not
contiguous to the United States. and were
worth $4,000, so they cannot be regarded
as imported in the usual course of strictly
retail trade. The method Of transporta-
ton Of the diamonds from Canada into
the United States. whether by vessel, rail
OR otherwise, Is not stated.
After calling attention to the provisions
of section % of the tariff act of July "a.
1897, you inquire:
First. whether discriminating duty of
10 Der cent under section % should be lev
led on the diamonds described.
Second, whether, in determining the La
hility of the diamonds to the discrimin-
mode Of conveyance used in the transporta-
ton to the United States from Canada.
Quotes the Law.
In reply, the Attorney General quotes the
section of law bearing upon the matter,
which will certain reservations is appli-
cable, and Is as follows:
Section IA. That a discriminating duty Of
10 per centum ad valorem, in addition to
the duties imposed by law, shall be levied,
collected and paid on all goods, wares or
merchandise which shall be imported in
vessels not of the United States: but this
discriminating duty shall not apply to
goods, wares and merchandise which shall
be imported in vessels not of the United
States, entitled, by treaty or any act of
Congress, to be entered in the ports of the
United States payment of the same
duties as shall be paid on goods, wares and
merchandise imported in vessels Of the
United States.
Section - of the tariff act of July "a.
1897, continued the discriminating duty I'M
posed-hy section Ii of the former law, and
added a discriminating duty of 10 per cent
on all goods which, "being the production
or manufacture of any foreign country not
contiguous to the United States, shall come
into the United States from a contiguous
country" without being imported lin the
usual course of strictly retail trade
The full text Of the section is as follows:
Sec. 23. That discriminating duty of
ten per centum ad valOrem, in addition to
the duties imposed by law, shall be levied,
collected and paid on all goods, wares or
merchandise which shall be imported in
vessels not of the United States, or which
being the production or manufacture of
any foreign country not contiguous to the
United States. shall come into the United
States from such contiguous country, but
this discriminating duty shall not ;.ppiy
to goods, wares or merchandise which
shall be imported in vessels not of the
CEited States, entitled at the time of such
importation by treaty or convention to be
entered in the ports of the United States
on payment of the same duties as shall
then be payable on goods, wares and mer-
chandlse imported in vessels of the United
States, nor to such foreign products or
manufactures as shall be imported from
such contiguous countries in the usual
course of strictly retail trade.
Differences Defined
The former law imposed discriminating
duty only on goods imported in certain for
eisn vessels. The present law imposes a
discriminating duty also on goods whicn
come into the United States from a cont.gll-
Gus country and are the product of a for
elgn non-contiguous country and are not
imported IN the usual course of strictly
retail trade
1t will be observed that the word i'm
ported" is not used in connection with
goods which come into" the United States
from contiguous country, save in the
exception exempting goods imported in
the usual course of strictly retail trade
but for the purpose of this opinion it is
not necessary to consider the precise eff
feet of the words come into" as distin-
sulSHeu from the WORD imported If in
deed there be any difference in meaning
Question Not Material.
In determining whether the goods under
consideration are subject to the discrimi-
mating duty, it is not material to ascertain
the mode of transportation or method of
Importation: it is sufficient to know that
they come into the United States from
a contiguous country. and are within a
class subject to duty, namely, are the pro
duction or manufacture of "A foreign coun-
try not contiguous to the United States -
and are not imported in the usual course
of strictly retail trade
Your first question is, therefore. answer
ed In the affirmative; your second in the
| negative. Very respectfully
J. K. RICHARDS, Solicitor General.
Approved: Attorney General
The fore going opinion does not cover the
question of tea imported into this country.
An opinion has been requested from the
Attorney General on this subject and will
be given by him within a few days.
The opinion rendered today is in accord
ance with the views of the Treasury De-
partment. The question decided is very
different to the question now being con-
sidered by the Attorney General.
PICTORIAL APPLICATIONS