Gilpin observer., 1902-09-04
Customs Laws Explained.

Secretary Shaw has issued a circu-
lar regarding the free entry of person
al effects under the act Of 1897, in
which he says:
ut having been brought to the at
tention Of the department that certain
persons have sought to place astrained
construction upon the department cir
cular, No. 4S, under date of May z,
1902, the following explanation there
Of 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 a value
not exceeding 500, as are ordinarily
purchased abroad by tourists, provid-
ed they are not intended for the use Of
other persons or for SALE
There Is no warrant in this lam
guage, or in any ruling of the depart
ment, that justified the Importation of
cigars, spirituous, vinous or malt liq-
uors in any other quantity oe 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 person
al effects in order to be exempt, must
be similar to wearing apparel or sim
liar to articles oflpersonal adornment,'
or similar to toilet articles The de-
partment still holds that exempt arti-
nIn tn t,<. l,0f
Is, they must be of the same general
purchase abroad.
"The difficulty, 1t will be seen, lies in
applying these rules in the light Of the
statute to- particular cases, and II is
the intention to vest the customs off,
GERS with some measure Of discretion.
A dress pattern Is certainly similar to
gown, while bolt of dress goods Is
merchandise. A pair of silk hose is
wearing apparel, but gross is mer-
chandise. Custom officers are expect
ed to protect the revenues of the coun-
try, but they are not expected to ad-
minister the laws with captious and
vexatlons determinations. Whenever
circumstances indicate that the return
ing tourist Is attempting to impose up
on the government, the maximum rate
Of duty should be collected and then
all questions involved can be deter
mined on appeal"
The. secretary also issued instruc-
tlons to the collector Of customs ut
New York in the matter Of relmported
foreign goods, saying:
~ am in receipt of your letter OF the
25th, calling attention to the depart
ment's letter OF August Z, 1902, rela-
tive to the relmportatlon of an auto
mobile and suggesting that certain in
dlviduals are seeking to have the ruiz
applied to merchandise. This was not
the intention. The object of the rul-
ing IL to relieve tourists from the Sec
ond payment of duty on wearing ap-
parel, articles Of personal adornment
and other personal house effects mp
propriate to their Journey. 1t must not
be extended to merchandise.
ut is the intention Of the department
to grant the travelling public every
reasonable facility for their enjoyment
abroad and their convenience In re-
turning; but while this Ii being done
the extreme penalty Of the law should
be visited upon those who seek to tnke
advantages Of its relaxed rules for pur-
poses Of smuggling"