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tion 516 (b) of the Tariff Act of 1930 (U. S. C. title 19, sec. 1516) as to the rate of duty which is assessed on rope gym sets, also known as indoor gym sets or combination swing sets, suitable for the use of children.

The Bureau in a letter dated April 24, 1937, advised Mr. E. J. Mordt that articles of the class or kind described by him are, when imported into the United States, assessed with duty under paragraph 397 of the Tariff Act of 1930 (U. S. C. title 19, sec. 1001, par. 397) at the rate of 45 percent ad valorem as articles or wares composed wholly or in chief value of metal.

Following the receipt of the Bureau's letter Mr. Mordt filed with the Bureau a complaint against the classification of the above-mentioned articles under paragraph 397 and claimed that as the articles are for the use of children they are, therefore, toys, and are properly dutiable under paragraph 1513 of the Tariff Act of 1930 (U. S. C. title 19, sec. 1001, par. 1513) at the rate of 70 percent ad valorem.

In Abstract 25835 the Customs Court held that similar merchandise which had been assessed with duty as toys, or articles chiefly used for the amusement of children, at 70 percent ad valorem under paragraph 1513 of the Tariff Act of 1930, was not toys and was dutiable under paragraph 397 of the tariff act at the rate of 45 percent ad valorem.

In view of the decision cited, the Bureau is of the opinion that the rope gym sets, also known as indoor gym sets or combination sets, now under consideration are properly dutiable under paragraph 397 of the Tariff Act of 1930 at the rate of 45 percent ad valorem.

In view of the foregoing, and in accordance with the provisions of section 516 (b) of the Tariff Act of 1930, notice is hereby given that the classification of and the rate of duty on merchandise of the character described imported or withdrawn from warehouse after the expiration of thirty days following the date of the publication of this letter in the weekly TREASURY DECISIONS will be subject to the decision of the United States Customs Court in the event that a protest is filed under the provisions of that subsection.

Very truly yours, (32–411/.)

JAMES H. MOYLE,

Commissioner of Customs. Approved June 23, 1937: STEPHEN B. GIBBONS,

Acting Secretary of the Treasury.

(Filed with the Division of the Federal Register June 28, 1937, 3:00 p. m.]

(T. D. 49045)

Foreign currencies--Rates of exchange

Rates of exchange certified to the Secretary of the Treasury by the Federal

Reserve Bank of New York

TREASURY DEPARTMENT,
OFFICE OF THE COMMISSIONER OF Customs,

Washington, D. C., June 26, 1937.

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), Tariff Act of 1930, during the period from June 18 to 24, 1937, inclusive, is published for the information of collectors of customs and others concerned. (103512.)

James H. MOYLE, Commissioner of Customs.

Values of foreign currencies certified to the Secretary of the Treasury

by the Federal Reserve Bank of New York under provisions of section 522 (c), Tariff Act of 1930

PERIOD JUNE 18 TO 24, 1937, INCLUSIVE

Country

Name of currency

June 18 June 19 June 21

June 22 June 23 June 24

Europe:

Dollars Dollars Dollars Dollars Dollars Dollars Austria. Schilling..

10. 187142 '0. 18714210. 1872280. 187228 10. 187200 -0. 187214 Belgium Belga.

168792 . 168838 168978 . 168940 168846 168863 Bulgaria.. Lev.

9.012825 1.012825 7012825 1.012825 7012825 1.012826 Czechoslovakia. Koruns.

034851 034839 034844

.034844
.034844

034848 Denmark. Krone.

220420 . 220481 .220550 220841 .220720 220600 England. Pound sterling

4. 938291 4. 939500 4. 941458 4. 947500 4. 944208 4. 941458 Finland. Markka..

.021856 021818 021825 021830 021825 .021825 France. Franc...

.044528 044530 044550 044613 044590 044546 Germany. Reichsmark. 400821 400867 400878 400996

400917 400842 Greece. Drachma.

1.009044 1.009050 1.009050 9.009053 1.009053 7.009053 Holland. Guilder.

.649828 .549839 549823 .549825 . 549814 .549817 Hungary Pengö.

7. 197725 7. 197725 1. 197600 1. 197700 1.197725 197725 Italy Lira..

.052608 . 052004 052608 052610 .052609 052608 Norway Krone

.248093 .248162 248233 .248535 248429 248287 Poland. Zloty

. 189325 189300 189200 . 189325 189340 189275 Portugal Escudo.

7.044691 044700 1.044733 7.044741: 1.044750 1.044716 Rumania. Leu...

7.007296 ?.007253 7.007296 7.007296 1.007296 7.007296 Spain. Peseta.

7.052500 052300 1.051428 ?.050714 1.051250 1.051166 Sweden. Krone.

254600 254658 254712 255039 254908 . 254779 Switzerland. Franc.

.229162 229287 229246 229326 229232 .229171 Yugoslavia. Dinar.

1023060 7.023060 023060 7.023060 7.023060 7.023060 Asis: Chins

Chefoo dollar (Yuan). 296854 296916 296604 296708 296708 296708

Hankow dollar (Yuan).. 297020 297083 296770 296875 296875 296875 Do... Shanghai dollar (Yuan). . 296812 . 296875

.

Do.

296562 296666 296666

. 296666 Do..

Tientsin dollar (Yuan).. 297020 . 297083 296770 . 296875 296875 296875 Hong Kong. Dollar.

. 304250 . 304093 304250 304531 301218 303781 Indis.. Rupee.

372877 372900 373364 373187 372937 Japan... Yen...

.287167 287210 287229 . 287620 297550 . 287245 Singapore (S. S.)... Dollar.

. 578625

578625 578625 579500 579250 579000 Australasis: Australia Pound.

*3. 934843 :3. 936354'3. 937589 : 3. 942321 3. 939910 -3. 937589 New Zealand..

.do..

13. 964375 13. 966041 13. 966770 3. 972291 '3. 969635 23. 966770 Africa: South Africa. .....do..

114. 889821. 4. 890703 : 4. 892421 * 4. 897500* 4. 895625* 4. 890546 1 Rates for Brazilian mflreis included in lists forwarded by the Federal Reserve Bank of New York are not included in this table. See T. D. 48553.

Nominal rate.

. 372787

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Article 782, Customs Regulations of 1931, as amended by T. D. 48234, amended

to provide for giving information as to values in response to oral or written request made by importer

TREASURY DEPARTMENT,
OFFICE OF THE COMMISSIONER OF Customs,

Washington, D. C. To Collectors of Customs and Others Concerned:

Pursuant to the authority contained in sections 487 and 624 of the Tariff Act of 1930 (U.S. C. title 19, secs. 1487 and 1624), article 782 of the Customs Regulations of 1931, as amended by T. D. 48234, is hereby further amended to read as follows:

Art. 782. Furnishing information as to values.—The appraiser may, in his discretion, furnish to importers the latest information as to values in his possession, subject to the following conditions:

(a) Information shall be given only in response to a specific request therefor by an importer, and in no circumstances shall be volunteered by a customs employee.

(6) Information shall be given only on merchandise to be entered at his port, and after its arrival, or upon satisfactory evidence that it has been exported and is en route to the United States, and then only on presentation of invoices and all papers, documents, or other information in the possession of the importer or available to him relative to the value of the merchandise.

(c) The request for information may be made orally or in writing (if in writing it shall be in duplicate on such form as the appraiser may prescribe) and the information shall be given only if the appraiser is satisfied that the importer is unable to obtain any definite information as to market value on the date of exportation due to unusual conditions, and with the understanding and agreement that the information, if given, is in no sense an appraisement nor binding upon the appraiser's action on appraisement, as appraisement of merchandise must be made at the market value prevailing on the date of exportation, in accordance with the law, irrespective of any information given before the invoice or the merchandise has come under the observation of the appraiser for the purpose of appraisement.

(d) The privilege of securing information from the appraiser before the invoice or the merchandise has come under his observation for the purpose of appraisement is predicated on cooperation by the importer. When the appraiser suspects that the importer is withholding information in his posssession, or that the importer has not exercised due diligence to obtain the information requested, or otherwise questions the importer's good faith, he shall, prior to furnishing any information, request the importer to call at his office for questioning. If, after such questioning, and after such other investigation as he deems necessary, the appraiser is still not satisfied as to the importer's good faith, he shall refuse to give any information to such importer.

(e) Upon receipt of a request for information, the examiner shall give the latest information in his possession effective on the date of exportation, stating also the basis of his conclusion, or, in the absence of information as to values on or about the date of exportation of the shipment, shall advise the importer to that effect. If the request is in writing, a copy containing the conclusion of the examiner, if approved by the appraiser, or such other officer as he may designate for that purpose, shall be retained in the appraiser's files for consideration by the examiner when examining the merchandise, and the other copy given to the importer.

If the appraiser does not have the information requested, he may, if the importer so desires, refer the request to the Customs Information Exchange for advice.

JAMES H. MOYLE,

Commissioner of Customs. Approved June 24, 1937: STEPHEN B. GIBBONS,

Acting Secretary of the Treasury.

[Filed with the Division of the Federal Register June 28, 1937, 3:00 p. m.]

(T. D. 49047)

Bureau of Customs

Order of the Secretary of the Treasury relating to the organization of the Bureau

of Customs, the rights, privileges, powers, and duties of the Commissioner of Customs, and the duties of the personnel of the Bureau of Customs—T. D. 42102, T. D. 44221, T. D. 44708, T. D. 46156, and T. D. 47782 revoked

TREASURY DEPARTMENT, June 22, 1937. To The Commissioner of Customs and Others Concerned:

Your attention is invited to the following provisions of law: (A) United States Code (1934 edition) title 5, section 281:

There shall be in the Department of the Treasury a bureau to be known as the Bureau of Customs, and a Commissioner of Customs. The Commissioner of Customs shall be at the head of the Bureau of Customs, and the Commissioner of Customs shall be appointed by the Secretary of the Treasury, without regard to the civil service laws, and shall receive a salary at the rate of $10,000 per annum. (Mar. 3, 1927, c. 348, sec. 1, 44 Stat. 1381; May 27, 1930, c. 342, sec. 8, 46 Stat. 430; July 3, 1930, c. 855, 46 Stat. 1009; Mar. 10, 1934, Ex. Or. 6639, sec. la.)

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Article 782, Customs Regulations of 1931, as amended by T. D. 48234, amended

to provide for giving information as to values in response to oral or written
request made by importer

TREASURY DEPARTMENT,
OFFICE OF THE COMMISSIONER OF Customs,

Washington, D. C.
To Collectors of Customs and Others Concerned:

Pursuant to the authority contained in sections 487 and 624 of the Tariff Act of 1930 (U.S. C. title 19, secs. 1487 and 1624), article 782 of the Customs Regulations of 1931, as amended by T. D. 48234, is hereby further amended to read as follows:

Art. 782. Furnishing information as to values.—The appraiser may, in his discretion, furnish to importers the latest information as to values in his possession, subject to the following conditions:

(a) Information shall be given only in response to a specific request therefor by an importer, and in no circumstances shall be volunteered by a customs employee.

(b) Information shall be given only on merchandise to be entered at his port, and after its arrival, or upon satisfactory evidence that it has been exported and is en route to the United States, and then only on presentation of invoices and all papers, documents, or other information in the possession of the importer or available to him relative to the value of the merchandise.

(c) The request for information may be made orally or in writing (if in writing it shall be in duplicate on such form as the appraiser may prescribe) and the information shall be given only if the appraiser is satisfied that the importer is unable to obtain any definite information as to market value on the date of exportation due to unusual conditions, and with the understanding and agreement that the information, if given, is in no sense an appraisement nor binding upon the appraiser's action on appraisement, as appraisement of merchandise must be made at the market value prevailing on the date of exportation, in accordance with the law, irrespective of any information given before the invoice or the merchandise has come under the observation of the appraiser for the purpose of appraisement.

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