The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-30
CUSTOMS DECISIONS.

In 4 decision ~ general i~nteres: 20 m
psg9f,srs ,nyeiyins 'hs question o. .tner.As.
ytI,eraay oy j1dss wai,s oP s9ids that the
1853 q II. customs k fyT s. O, i.ccs'.
and II the importer affidavit IL not fled
~ accordance herewith the board ia not
preciudsd from receiving other evidence 70
o~9pple nent he Report OF the Government
made unless shownS BY me rep1r. oS tins
United states diseharsIns. ofdc.r not 70
vessel on dlscharsins the cargo. ana I'M.
iess the importsr shall nile with the Col
;ics Of shortage an afhdavit that such
missing packages, have not been received.
I9dse waite further fnds that regulations
der NE general power granted him by sec.
tlon ~ Of the revised statutes are admin
IL not = CONDITION precedent 10 me rirht
% exemption from duty.
e&isioans. '9i2oT maze Sy '9 e s ssS,ts' q s iei' s asi
consisted 81 a certain consignment 81 olive
q. Ih.rs appsars 70 have been four lois.
number Of the cases wsr. short when the
Toods, were imported. and landed in IN.
wss not disputed The Collector s,ses.ed
auty en- the full shipment IS eon,aln.d IN
aPs t ,n,'; atsd atfe0 isau shs in 81 ,ss e aus aSs
rssuiations This question be.ore the gen.
.r,l srpta!s.rs vas. whether Or no, n.
ne hearing % supplement- the return Of
The weisher and take the place o. the 81.
,h.t me board was authorized 20 ssstpt
tats proof. ana goes, on 20 say: While
l iss teis q tn "a" ]an. .Sia a2Tn Il n. the r rsr.os y
the Govtrnnnent officer Is not Sufficient
apcp Nhies e base andins ., lSi,. I, !.
may NOT be furnished before the beard. As
wa done IN this SAFE We therefore con.
e.ade ,hat The sfhdayit referred to In The
resl.stion 7as no, necessary 20 make a
cast Before the board. TIA. the board 10
Element ,he r4turn Of TIE Government OF.
TnSs..t, M, heop n- Snish . \ sss ma; sns ass: ma
The report o. the United states weiEher.
VINO apparently Weighed, checked and ex.
smintd the goods before they we're de-
!ot $50 three cases contain:ng twelve tins
% the cnss Mere not found; out Of 10. 40
feef cases containing t%enty-four Tins to
go hne case containing forty-eitht sins
Mas not found. In support OF this conten.
tion the importer testinei az The hearing
that Ne never received these eight eases.
ma he was present at his store when
me GOODS we're brought there BY the drsy-
livery order. and out Of seventy cases only
sINty-two esses we're delivered. lie re-
ptstei hat statement 81 the draynan 20
the enect thar he received ou' the sixty-two
cases. This co-respouded with the report
Of the wsigh,r. We think writes the
,ion BUT taat there was = sSor,ss. Of
eight easel. as claimed. and that they
vsre never landed or delivered 20 the I'M
porter"
Judge Hay writes in d dissenting opinion
reEarding this question OF shortage. as
! follows; I 40 not concur IN the decision
- the hoard In this case, for the reason
that under wh-t I consider TO be the well
setrled rules ~ law the evidence does not
Justify the findings made by the board.
4 The importer hains failed 10 avail himself
OF the method provided oy this reputation.
the collector vss Justihed IN refusing TO
make she allowance for shortage claimed
N the protest II the shifting. vague And
unconvinclne testimony Of ono interested
witness were permitted to prevail IN cases
Of this character the door would ire
quAnttV be open to fraud"
Judge Brown decides IN another rulinS
given Yesterday thar imported Rlyeerin IN
plain class bottles, less than 2h pounds
gross weight. IA properly dutiaole at 20
per cent. by reason OF the provision in
paragraph ~. tariff act Of 1918, for
chemical ana medics, compounds com
binations and all similar articles dutipole
under this section. except soap. whether
specially provided for or not" and not az
. oents a pound under paragraph IS as
z~lycerin. refined. This decision overrules
a protest OF r Foueers & Co The genera
appraiser holds that "glvosrin IL a chem!-
cal compound and. II ANYTHING can be said
TO be similar to a medicinsl preparation.
~ seems that tn's tuhstanet may be con
sidered SO. for as shown by the evidence
in this case. Il 70 used, II not alone. a.
least In combination with other suh.
stances for medicinal purposes"