The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-29
TRAVELLERS ARE
TO BE PROTECTED
Circular Regarding Entry of Per-
sonaI Effects Duty Free.
SECRETARY SHAW's RULING
LIQUOR OF ANY KIND IS NOT
DRESS GOODS.

WAsHINGToN. Aug. 28.-secretary
w Shaw has issued a circular re-
garding the free entry of per-
sonal effects under the act of 1897, in
which he says:
1t having been brought to the at
tention of the department that certain
persons have sought TO place strained
construction upon the department cir
eular No. As. under date of May I,
1902, the following explanation thereof
and supplemental instructions are
hereby issued:
The language employed in the cir
cular referred to is as follows:
Exception from duty will be al
lowed on wearing apparel. articles of
personal adornment, toilet articles and
such other personal effects of value
not exceeding 500 as are ordinarily
purchased abroad by tourists; provided
they are not intended for the use of
other persons or for sale.
There is no warrant in this Ian
guage, or in any ruling of the depart
ment, that justified the importation of
cigars, splr1tuous, vinouS or malt liq-
uors in any other quantity or manner
than provided by law where there is
anything in the circular to warrant
the exemption of merchandise as such
from duty The statute uses this Ian
guage. wearing apparel. articles of
personal adornment toilet articles and
similar personal effects. For some
years 1t was held that similar personal
effects in order to be exempt. must be
similar to wearing apparel or similar
to toilet articles. The department
still holds that exempt articles must
in a sense be similar-that is, they
must be of the same general class of
articles as tourists ordinarily purchase
abroad.
Must Not Be Captious
THE difficulty, it will be seen, lies
in applying these rules in the light of
the statute TO particular cases, and il
is the intention to vest the customs
officers with some measure of discre-
ton. A dress pattern is certainly sim
liar to a gown. while a bolt of dress
goods is merchandise. Customs Of
ficers are expected to protect the reve-
nues of the country, but they are not
expected to administer the laws with
captious and vexatious determinations.
Whenever circumstances indicate that
the returning tourist is attempting to
impose upon the government, the max
imum rate of duty should be collected,
and then all questions involved can
be determined on appeal
The secretary also issued instructions
to the collector of customs at New
York in the matter of reimported for
eign goods, as follows:
II am in receipt of your letter of the
25th, calling attention to the depart
ment's letter of Aug. Z, 1902, relative
to the reimportation of an automobile,
and suggesting that certain individ-
uals are seeking to have the rule APP
piled to merchandise. This was not
the intention. The object of the ruling
is TO relieve tourists from the second
payment of duty on wearing apparel,
articles of personal adornment and
other personal and house effects appro
pirate to their journey. 1t must not be
extended to merchandise.
1T is the intention of the depart
ment to grant the travelling public
every reasonable facility for their en-
joyment abroad and their convenience
in returning; but while this is being
done, the extreme penalty of the law
should be visited on those who seek
to take advantage of its relaxed rules
for purposes of smuggling"