New-York tribune., 1902-08-29
Mr.. SHAW'S NEW RULING
INTERPRETATION OF THE PRESENT
CUSTOMS LAW

Washington, Aug. 2s.-Secretary Shaw has is
sued the following circular regarding the free
entry Of personal effects under the act of 1897:
TO Collectors and other Officers OF the Gus
TONS: II having been brought 70 the attention
Of the department that certain persons have
sought 70 place a strained construction upon the
department circular No IS under date OF May
Z. 1917, the following explanation thereof ana
supplemental instructions are hereby issued:
The language employed in the circular re-
ferred 10 IS as follows: Exemption from duty
[-iT be allowed on wearing apparel articles Of
uersonal adornmenJ, toilet articles and such
otber personal effects OF q value not exceeding
S100 as are ordinarily purchased abroad by
tourists provided they are not intended for the
use Of other persons for sale.
There is warrant in this lar uage in
any ruling Of the department that Isufes the
importation Of cigars. spirituous, y malt
liquors in any other quantity or manner than
provided by law; neither is there anything In
The circular TO warrant the exemption OF uer-
chan6ise such from duties. The statute uses
mis- IargUage: Wearing apuareI articles Of per-
sonaI adornuent, to.let articles, and similar
rersOnal Effects For some years II was held
that similar personal effects, in order TO be ex-
enpt must be similar 10 wearing apparel"
or similar 10 articles Of personal adornnlent,
or similar 10 toilet articles"
The department still holds that exempt artt-
cles must in a sense, be s-n-ilar-that IS. they
must be OF the same general class Of articles
as tourists ordinarily purchase abroad.
The difficulty. II VIII be seen. lies il applying
-nese rules IL the light Of the statute 10 par
rtcular cases, and II is the intention to clothe
-be customs officers with some measure Of dis
gown while bolt Of dress goods is merchan-
disc pair Of silk hose Is wearing apparel,
but z gross is merchandise.
customs officers are expected to protect the
revenues Of the country. but they are not eX-
pected 10 administer the laws with capuous and
vexaJ!0us Determinations Whenever clrcurn-
stances indicate that the returning tourist IS
s--ernptTg 10 impose upon the government, tne
maximum rate Of duty should be collected, and
then ali questions involved can be oeterr?lneo
or appeal
The Secretary also issued the following in
s-rlctiors to the Collector Of Customs al New
York in TIE matter Of reimported foreign goods:
Sir: ! am in receipt Of your letter Of the 25th:
Ealing a7re15jC7 10 The GepaTITn6ltS letter OF
August = 1902. relative 10 the reinaporla1!on OF
an automobile, ana suggesting that certain N
divi6uals are seeking 70 have the rule aPplleo
This was not the intention The object Of
fhe ruling is TO relieve tourists from the second
payment q duty on wearing apl2Iel' , a 11e,es s
OF personal adorErlent, ana oIher personal @ oI-4
household effects appropriate 10 IhelT Jo~I - -,
7 must not be extended 70 rlercaano!se. me :
departn7snI recognizes the prop@o 1@1-se- %
mis- ruling being used 10 defreud the revenue
of the country unless carefully safeguaroeo. 10
rs en6 valua ole 5eWery should De examined
s-5 s5a--5ffe5 t,Z an expert appraiser and care
fully packed and sealed with approPrlate loeELL- ~
fcation marks, the same 10 oe opened pS . @ Loa
egn representa- tive OF the GOV ernTnent mus pro
Tecting against substitution In cases OF oOuoI
as n identifcati ton. duty should De eAdClvu d4o
The matter adjusted on appeal -..s
Each particular cas7 must De oeceL --l-Ite- =
upon merits il the exercise q wise user
Oh the part Of the local customs II = 1 me IN
tention OF the department . grant n az
fo-r,oI,5 --9 enroad and their cOnvellFe-t re-
nm hut while his is being done the extreme
1era,-iGs oF the law should be visited upon thOse
who seek TO take advantages OF us relaAeo
niles for purposes OF smuggling
Secretary Shaw was in Nev-fork YESTERDAY morn
.,g ar6 had e short talk with Collector Strana-
rsr AZ the Custom House They talked over me
,,e- which wzs issued later IL the day from the
Scrc-arv's olce IL Nashl,lsLo on Col-VclOI 0li-i@
ber had no comments 10 Ci2k -aler-