Evening star., 1902-08-28
FREE ENTRY RULING
Letter to New York Customs
Collector.
MANIFEST INTENTION
MUST NOT BE EXTENDED TO
MERCHANDISE.
What Personal Effects Really Are
Discretion of the Officials
to Be Exercised.

Secretary Shaw has sent to the collector
of customs at New York the following ex-
PLANTATION of the ruling Of August of the
department as to the entry of personal and
household effects:
Il am in receipt of your letter of the
25th. calling attention to the department.
letter of August 1, 1902 ct. D. 1929, rela-
tive to the reimportation of an automobile,
and suggesting that certain individuals are
seeking to have the rule applied to mer-
chandise.
Object of the Ruling.
''This was not the intention. The object
of the ruling is to relieve tourists from the
second payment of duty on wearing ap-
parel. articles of personal adornment and
other personal and household effects appro-
pirate to their journey. 1t must not be eX-
tended to merchandise.
1.-THE department recognizes the possible
danger of this ruling being used to de-
fraud the revenues of the country unless
carefully safeguarded. To this end, val
liable jewelry should be examined and iden-
titled by an expert appraiser and carefully
packed and sealed with appropriate identi-
hcation marks, the same to be opened by
foreign representative of the government,
thus protecting against substitution. In
cases of doubt as to Identification, duty
should be exacted and the matter adjusted
on appeal.
upon it's merits in the exercise Of a wise dis
cretion on the part of the local customs Of
hcerS. 1t is the intention of the department
to grant the travelling public every reason
able facility for their enjoyment abroad and
their convenient return; but while this is
being done, the extreme penalties of the
law should be visited upon those who seek
to take advantage of its relaxed rules for
purposes of smuggling"
The Free Entry Proviso.
Secretary Shaw has sent to collectors and
other customs officers throughout the coun-
try the following important circular as to
the free entry of personal effects under the
provisions of the Dingley law:
1T having been brought to the attention
OF the department that certain persons
nave sought to place strained construc-
ton upon the department circular No As,
under date of May Z, 1902 (T. d. 23T00) the
following explanation thereof and supple
mental instructions are hereby issued.
The language employed in the circular
referred to is as follows: Exemption from
duty will be allowed on wearing apparel,
articles of personal adornnent, toilet ar
ucles, and such other personal effects Of a
value not exceeding S100 as are ordinarily
purchased abroad by tourists, provided they
are not intended for the use of other per-
sons or for sale
There is no warrant in this language or
in any ruling of the department that justi-
fies the importation of cigars. spirituous,
vtnous or malt liquors in any other guam
tity or manner than provided by law;
neither Is there anything in the circular TO
warrant the exemption Of merchandise as
such from duties. The statute uses this
language, Wearing apparel. articles of
personal adornment, toilet articles and SIM
liar personal effects For some years 1t
was held that similar personal effects. in
order to be exempt, must be similar TO
wearing apparel similar to articles
of personal adornment,' 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 tourists ordI-
narily purchase abroad.
Discretion Of officials.
1.-THE difficulty, it will be seen, lies in ap-
plying these rules in the light of the stat
ute to particular cases, and it is the inten-
ton to clothe the customs officers with
some measure of discretion. A dress pat
tern is certainly similar to a gown. while
a bolt of dress goods is merchandise. A
pair of silk hose is wearing apparel, but
gross is merchandise. Customs officers are
expected to protect the revenues of the
country, but they are not expected to ad-
minister the laws with captious and veXa-
uOus determinations. Whenever circum-
stances indicate that the returning tourist
is attempting to impose upon the govern
n o11r7r fa of IY,tv- -sI,.a, Il !,