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collector have not been made and done within and in conformity with the law and regulations, there is absolutely no presumption of correctness attaching to the action of the collector in his making and doing of such acts.

Why the collector failed and refused to comply with the law and regulations in this case, the record before us does not disclose. Certainly no Government officials would have the temerity to enter into any agreement which would result in an attempt to relieve the collector from a compliance with said article 855 of the said regulations. If such were the case, such action would not be voidable, but void ab initio.

Not being able to proceed to a legal and proper determination of this case by reason of the incompleteness of the record occasioned by the collector's failure to comply with article 855 of Customs Regulations of 1931, the papers in this case will be returned to his office for his compliance with said regulations.

(T.D. 46534)
Table forks

Forks for table use are dutiable under paragraph 355, Tariff Act of 1930, whether or not in part of metal

TREASURY DEPARTMENT,

OFFICE OF THE COMMISSIONER OF CUSTOMS,

COLLECTOR OF CUSTOMS, New York.

Washington, D.C.

SIR: The Bureau is in receipt of a communication from the appraiser of merchandise at your port, dated May 24, 1933, in which attention is invited to the decision of the United States Customs Court, published as T.D. 45606, and a ruling is requested as to whether the principle of this decision requires the classification of forks for table use, which contain no metal parts, under paragraph 355 of the Tariff Act of 1930.

In the decision cited the court held that crochet hooks and knitting needles composed of celluloid were specifically provided for in paragraph 343 of the Tariff Act of 1930, and, therefore, excluded from paragraph 31 of the said act. The appraiser refers to Abstract 2788, and states it has been his practice to advisorily classify forks for table use, such as olive and salad forks, when not composed wholly or in part of metal, as manufactures of the material of chief value of which they are composed, as manufactures of wood, manufactures of bone, and manufactures of glass.

The Bureau is unable to reconcile the decision of the Customs Court in Abstract 2788 with that published as T.D. 45606, and it is of the

opinion that all forks for table use, whether in part of metal or not, should be classified for duty under paragraph 355 of the Tariff Act of 1930, to the end that the proper tariff classification of the articles in question may be established by a judicial decision. You will please be governed accordingly.

As it appears that this ruling will result in the assessment of duties at higher rates than have been assessed under an established practice, it should be made effective only with respect to articles entered for consumption or withdrawn from warehouse for consumption after 30 days after this decision is published in the weekly TREASURY DECISIONS.

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Appeal directed from decision of the United States Customs Court (Abstract 23847) involving the classification of certain glass vases

TREASURY DEPARTMENT,

OFFICE OF THE COMMISSIONER OF CUSTOMS,
Washington, D.C.

ASSISTANT ATTORNEY GENERAL, New York.

SIR: The receipt is acknowledged of your letter of June 20, 1933, relative to the decision of the United States Customs Court (Abstract 23847) holding that certain glass vases classified by the collector under paragraph 218 of the Tariff Act of 1922 and other glass vases classified under paragraph 218 (f) of the Tariff Act of 1930 are properly dutiable as works of art, not specially provided for, at 20 percent ad valorem under paragraph 1449 of the Tariff Act of 1922 and paragraph 1547 of the Tariff Act of 1930.

Your action in filing in the name of the Secretary of the Treasury an pplication with the United States Court of Customs and Patent ppeals for a review of the said decision, is hereby approved.

Respectfully,
(32-4.)

Approved July 17, 1933:

THOMAS HEWES,

FRANK DOW,

Acting Commissioner of Customs.

Acting Secretary of the Treasury.

(T.D. 46536)

Foreign currencies-Rates of exchange

Rates of exchange certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 522 (c), Tariff Act of 1930

TREASURY DEPARTMENT,

OFFICE OF THE COMMISSIONER OF CUSTOMS,
Washington, D.C., July 22, 1933.

To Collectors of Customs and Others Concerned:

The appended table of the values of certain foreign currencies as certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 522 (c) of the Tariff Act of 1930, during the period from July 14 to 20, 1933, inclusive, is published for the information of collectors of customs and others concerned.

(103512.)

FRANK DOW, Acting Commissioner of Customs.

Values of foreign currencies as certified to the Secretary of the Treasury by the Federal Reserve Bank of New York under the provisions of section 522 (c), Tariff Act of

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(T.D. 46537)

Plant Quarantine Act-Packing materials quarantine

Packing materials quarantine amended, permitting exceptions to be made in the case of certain prohibited packing materials

TREASURY DEpartment,

OFFICE OF THE COMMISSIONER OF CUSTOMS,
Washington, D.C., July 17, 1933.

To Collectors of Customs and Others Concerned:

The appended copy of Amendment no. 1 to Notice of Quarantine no. 69 (packing materials quarantine), issued by the Secretary of Agriculture to become effective July 1, 1933, modifying section 1 of said quarantine by authorizing exceptions to the prohibitions in said section in the case of specific materials which have been so prepared, manufactured, or processed that in the judgment of the inspector, no pest risk is involved in their entry, is published for the information and guidance of customs officers and others concerned. (92655-19.) FRANK DOW, Acting Commissioner of Customs.

UNITED STATES DEPARTMENT OF AGRICULTURE
BUREAU OF PLANT QUARANTINE

Packing materials quarantine—Amendment no. 1 to Notice of Quarantine no. 69

INTRODUCTORY NOTE

This amendment, which is made concurrent with the date on which the quarantine first becomes effective, has relation only to the list of prohibited materials, permitting exceptions to be made therefrom in the case of specific packing materials in which it is judged that the pest risk has been reduced or eliminated by the method of preparation, process, or manufacture.

AVERY S. HOYT, Acting Chief, Bureau of Plant Quarantine.

Amendment no. 1 to Notice of Quarantine no. 69

[Approved June 28, 1933; effective July 1, 1933]

Under the authority conferred by the Plant Quarantine Act approved August 20, 1912 (37 Stat. 315), as amended, it is ordered that section 1 of Notice of Quarantine no. 69, approved February 20, 1933, effective July 1, 1933, be and the same is hereby amended to read:

1. On and after July 1, 1933, the following plants and plant products, when used as packing materials, are prohibited entry into the United States from the

countries and localities named:

(a) Rice straw, hulls, and chaff; from all countries.

(b) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass, napier grass, Jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne); all parts, from all countries except Mexico, and the countries of Central America, the West Indies, and South America.

(c) Cotton and cotton products (lint, waste, seed cotton, cottonseed, and cottonseed hulls); from all countries.

(d) Sugar cane; all parts of the plant including bagasse, from all countries. (e) Bamboo; leaves and small shoots, from all countries.

Leaves of plants; from all countries.

(g) Forest litter; from all countries.

(h) Soil containing an appreciable admixture of vegetable matter, from all countries, except such types of soil or earth as are authorized as safe for packing by the rules and regulations promulgated supplemental to this quarantine.

Exceptions to the above prohibitions may be authorized in the case of specific materials which have been so prepared, manufactured, or processed that in the judgment of the inspector no pest risk is involved in their entry.

This amendment shall be effective on and after July 1, 1933.
Done at the city of Washington this 28th day of June 1933.

Witness my hand and the seal of the United States Department of Agriculture.
[SEAL.]
R. G. TUGWELL,
Acting Secretary of Agriculture.

(T.D. 46538)

Drawback

Synopsis of drawback decisions issued between July 7 and 12, 1933, inclusive

(A) Fruit, canned.-Produced by the C. & H. Packing Co., Everett, Wash., with the use of refined sugar under section 313 (b).

Rate effective on canned fruit produced and exported on or after May 31, 1933.

T.D. 41088-K, extended by T.D. 45080-F, revoked. Sworn statement of June 26, 1933, forwarded to the collector of customs at Seattle, Wash., on July 8, 1933. (72-10/2.) FRANK DOW, Acting Commissioner of Customs.

(Signed)

(B) Fruit, canned.-T.D. 42351-F of August 9, 1927, covering canned fruit produced by the Ray-Brown Co., Inc., Woodburn, Oreg., with the use of imported refined sugar or refined sugar produced under drawback regulations, extended to cover canned fruit produced under section 313 (b).

Extension effective on exportations made on or after April 22, 1931. Supplemental sworn statement of January 23, 1933, forwarded to the collector of customs at Portland, Oreg., on July 10, 1933. (7214/2.) (Signed) FRANK Dow, Acting Commissioner of Customs.

(C) Fruit, canned.-Produced by the Foster & Wood Canning Co., Lodi, Calif., with the use of imported refined sugar or refined sugar produced under drawback regulations.

Rate effective on canned fruit produced and exported on or after June 8, 1933.

Sworn statement of June 26, 1933, forwarded to the collector of customs at San Francisco, Calif., on July 11, 1933. (72-10/2.) (Signed) FRANK Dow, Acting Commissioner of Customs.

(D) Jewelry, electroplated or replated.-Produced by John F. Brady, Inc., Providence, R.I., with the use of imported jewelry. Rate effective on or after June 22, 1933.

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