Omaha daily bee., 1902-08-29
SHAW COACHES CUSTOMS MEN
Tells Them what 10 DO with Those
Who Attempt TO Abuse
Privileges.

WASHINGTON, Aug. 2s.-secretary Shaw
has issued the following circular regarding
the free entry OF personal effects under tho
act Of 1897:
ITO collectors and other officers Of the
customs: II having been brought to the at
tention OF the department that certain per-
sons have sought to place a strained con-
struction upon the department circular No.
As, under date OF May Z. 1902, the following
explanation thereof and supplemental in
structions are hereby issued:
The language employed in the circular re-
ferred to is as follows:
Exemption from duty. will be allowed on
adornment, toilet articles and such other
personal effects of a value not exceeding
500 as are. ordinarily purchased abroad
intended for the use Of other persons or
for sale.
"There is no warrant in this language or
In any ruling Of the department that JUS
titles the importation Of cigars, spirituous,
vinous or malt liquors in any other guam
tity or manner than provided by law; neither
is there anything In the circular to war
rant the exemption of merchandise as such
from duties. The statute uses this Ian
guage; Wearing. apparel, articles Of per-
sonal adornment, toilet articles and similar
ptEbOHdl tuCClts FOL bOHt years IL was
held that similar personal effects in order
to be exempt must be similar to wearing
apparel, or similar to articles Of personal
a%dornment, or similar to toilet articles.
The department still holds that exempt
articles must in a sense besimilsr-that
is. they must be OF the same general class
Of articles as tourists ordinarily purchase
abroad.
"The difficulty, It will be seen, lies in
applying these rules in the light of Vle
statutes to particular cases, and It is the
intention 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 q
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 captlous and vex-
atious determinations. Whenever circum-
stances Indicate that the returning tourist
Is attempting to impose upon the govern
ment the maximum rate Of duty should be
collected and then all questions involved
can be determined on appeal"
The secretary also issued the following
instructions to the collector Of customs at
New York in the matter Of reimported for
elbh BOOuS.
Sir-I am in receipt of your letter of the
18th calling attention to the departments
letter OF August Z, 1902, relative to the re-
Importation of an automobile and suggest
ing that certain individuals are seeking TO
have the rule applied to merchandise. This
was not the intention. The object of the
ruling is to relieve tourists from the Sec
ond payment Of duty on wearing apparel.
articles of personal adornment and other
personal and household effects appropriate
to their journey. II must not be extended
to merchandise. The department recog-
nizes the possible danger of this ruling
being used to defraud the revenues of the
/ country unless carefully safeguarded. To
this end valuable jewelry should be ex-
sfa!sed and Identified shy en- evnert an
praiser and carefully packed and sealed
with appropriate identification marks, the
same4 to be opened by a foreign repre-
sentative of the government, thus protect
ing against substitution. In cases of doubt
as to Identification duty should be exacte6
and the matter adjusted on appeal.
Each particular case must be determined
upon Its merits I'm the exercise OF a wise
discretion on the part of the local Gus
toms officers IT is the intention of the
department TO grant the travelling public
every reasonable facility for their enjoy.
ment' abroad and their convenient return.
but while this Is. being done, the. extrems
penalties OF the law should be visited up5T
those who seek to take advantage OF its
relaxed rules for purposes OF. smuggling.