are samples for distribution, or for use in soliciting orders, and not for sale, duty thereon will not be imposed under the act of June 13, 1898, ōr examination made under the act of March 2, 1897.

Importation by mail of samples of tea weighing 3 ounces T. D. 21142. or less may be allowed because not dutiable, but when samples weigh over 3 ounces the importation thereof by mail is prohibited.

All tea in packages weighing over 3 ounces imported as samples may be admitted without examination under the act last above mentioned upon payment of duty, but officers of the customs must satisfy themselves that such tea is actually imported as samples.

T. D. 19989.

20288.

ART. 1335. Unclaimed teas should be taken possession T. D. 18091, of by collectors, the same as other unclaimed goods, and placed in "general order," but not sold at the expiration of one year, unless declared fit for consumption by a designated tea examiner.

18271.

ART. 1336. In cases of importations of tea containing T. D. 18191, an excessive amount of dust, the dust can be exported after sifting and the tea admitted to entry if found up to standard.

ART. 1337. Tea packages and contents should be treated as a unit, and no separation of tea from its covering can be allowed either for exportation or destruction.

T. D. 18489.

ART. 1338. Teas rejected by tea examiners and rejec- T. D. 18857. tions affirmed by Board of General Appraisers can not be reexamined.

ART. 1339. After standard samples shall have served their purpose and new season samples substituted, the old samples may be included in quarterly sales of unclaimed goods and the proceeds paid into the Treasury, after deducting expenses of advertisement and sale, the designation on the packages showing such teas to have been used as Government standards to be obliterated before delivery to purchaser.

Surplus samples drawn from importations for purposes of examination, and which represent pure tea as declared by the examiner, should be placed in public store, and the importer notified, and the samples held subject to his order for a period not exceeding one year, and if not called for within that time they should be included in quarterly sales of unclaimed goods as above.

Surplus samples representing tea which has been rejected should be destroyed by the collector.

T. D. 21531.

T. D. 20707

T. D. 21903.

§ 7. SAMPLING AND CLASSIFICATION OF IMPORTED SUGARS

AND MOLASSES.

SAMPLING.

ART. 1340. In sampling imported sugars the number of packages to be sampled shall conform, as far as practicable, to trade usages. Such percentages shall be sampled as in the judgment of the appraisers at the ports of New York, Philadelphia, and Boston will properly and satisfactorily represent the sugars of each mark. For the purpose of carrying out this provision the appraisers at the aforesaid ports will take such measures as will insure uniformity of action at the ports named. If the method of discharging at any of the aforesaid ports is such that it is impossible for the appraising officers to secure the desired percentage, the examiner or sampler in charge of the district shall request the United States weigher to lay out such packages as may be required for sampling purposes. In order to prevent any unnecessary labor and inconvenience relative to the designation of sample packages by the examiner or sampler in charge, as herein provided, the inspector shall direct that the packages when discharged shall be placed in the slings so that the marks may be plainly discernible to the sampling officer.

ART. 1341. In the treatment of sugars under these regulations great care will be taken by samplers and other appraising officers to prevent the drying out of the samples. The samples of each mark will be placed separately in the large cans provided for the purpose, the covers of which must be kept closed, except when a can is opened to receive the sample of the mark it contains. Each can will be provided with a hasp and staple, and, after being duly labeled for identification of the mark, will be locked and forwarded to the appraiser's office in wooden chests, if practicable, which must in that case be also locked. Except as provided in article 1347, no general samples of raw sugars will be mixed and prepared on the wharves. The name of the sampling officer responsible for the sampling at each hatch or vessel will be placed on the label, and the examiner or sampler in charge of the district will forward the samples to the appraiser's office with a letter of transmittal as per form furnished by the Department.

ART. 1342. Sugars in hogsheads and other wooden packages shall be sampled by putting the long trier diagonally through the package from chine to chine, one trier full to constitute a sample, except in cases of small marks,

when an equal number of triers full shall be taken from each package of the mark to furnish the required amount of sugar necessary to carry out the provisions of these regulations. In the sampling of baskets, bags, ceroons, and mats the short trier will be used, care being exercised to take the sample fairly from the central contents of the packages, and in such manner that the samples from each class of packages shall be uniform in quantity. When the hard condition of the sugar renders the use of the short trier impracticable, the knife may be used.

The keys of the sample cans and chests shall be in pos- T. D. 20911. session of the examiners of the appraiser's office, who shall have sole custody of such keys.

ART. 1343. At ports where a number of samplers are employed no one sampler shall be continued in the same sugar district longer than one month, and a record of the assignment of the examiners and samplers shall be kept by the appraiser.

ART. 1344. Sugars conveyed on lighters from the place of original discharge, before samples have been taken, shall not be removed therefrom until notice has been given by the inspector to the examiner in charge of the district of the time of their proposed removal.

ART. 1345. Inspectors in charge of the vessel or district, as the case may be, shall have their permits indorsed by the examiner in charge of the district, upon the completion of the cargo, stating thereon that the samples have been obtained in accordance with these regulations.

ART. 1346. In cases where vessels discharge in one district, and the sugars are lightered to another before sampling, the manifest which accompanies the lighter, and is delivered to the inspector in charge of the district where such sugars are to be weighed and sampled, shall be presented to the examiner for his indorsement, the same as in the case of an original permit. The inspector in charge of such district shall be held responsible for the treatment of all such sugars under these regulations, the same as if working under the original permit.

ART. 1347. When sugars are discharged at places where the distance makes it impracticable for the regular conveyances to call for the samples, and where special provision is made by contract for other means of transportation, an official shall be detailed by the appraiser to take charge of such samples until they reach the appraiser's stores. When such transportation, owing to accident or storm, is interfered with, one of the experts may be de

tailed from the sugar room to go to such place, mix the different marks, and bring the samples of such marks to the appraiser's stores.

ART. 1348. In the case of sugars, whether above or below No. 16 Dutch standard in color, which have gone through a process of refining, general samples shall be made up on the wharves and placed in the tin sample boxes furnished by the Department, each mark being kept separate. Inspectors in charge of the vessel or district, as the case may be, shall retain such sugars on the wharf until they are sampled and the permit is signed by the examiner or samplers in charge of the district. When necessary, the United States weigher shall place such packages as may be designated in condition for sampling, upon requisition of the examiner or sampler in charge of the district. When practicable, all refined sugars shall be sampled with a trier specially provided for that purpose, and such percentage shall be sampled as in the judgment of the examiner will afford a fair representation of the mark. When there is doubt as to whether a sugar is raw or refined, the percentage of packages sampled and the mode of preserving the samples shall be the same as herein prescribed in the case of raw sugars.

ART. 1349. It is important, in order to the successful operation of the triers, that they be kept clean and free from rust. Suitable cleaning and polishing materials will be duly supplied to the samplers, who are hereby instructed to take proper care of the implements. When sampling gummy or sticky sugars, the sampler shall frequently and thoroughly clean his trier, which must in each case be dried with a towel or drying cloth before further use. All sugars must be drawn with dry triers. Any failure to observe these requirements will be reported at once to the appraiser by the examiner in charge of the district, and such failure will be regarded as sufficient cause for removal.

ART. 1350. All bonded warehouses in which sugars are stored shall be provided with sugar closets, which shall be substantially built and secured by locks furnished by the Department. The keys of the closets shall be in possession of the examiner or sampler in charge of the district, who, with the examiner in charge of the sugar room at the appraiser's office and the sworn officers in charge of the conveyances, shall have sole custody of such keys.

ART. 1351. In order that correct samples may be taken

of melada and other sugar products not before mentioned, paying duty under the law by weight, the heads of the packages shall be removed and replaced by the collector's employees after the sampling has been completed. The sampling shall be done under the personal supervision of an examiner, who shall take from each package placed on end a fair representation of its contents. The sample of each mark shall be secured for transmission to the appraiser's office, as provided in the case of sugars.

ART. 1352. In the case of molasses, at least one package in every ten in the order placed for gauging, or 10 per cent of each mark throughout the cargo, will be taken, the examining officer at the same time making careful inspec. tion of the whole cargo in order to satisfy himself whether the molasses is uniform in character or otherwise. If such inspection shall disclose any considerable variation in the quality of the packages of the same mark a larger percentage shall be sampled, as in the judgment of the examiner may be necessary in order to secure a fair representation of the mark. If any package or packages invoiced as molasses shall, in the judgment of the examiner, have the appearance of sirup of cane juice, a separate sample from each such package, properly labeled as to mark and character, shall be taken for examination as hereinafter provided.

ART. 1353. In drawing the samples care must be taken to secure a fair representation of the contents of each package. General samples of the cargo shall be prepared by mixing thoroughly together the samples of each mark. From such mixed samples the cans provided by the Department shall be filled, marked, and placed in the wooden chests, which must be duly locked and labeled, as in the case of sugars, for transmission to the appraiser's office.

ART. 1354. Inasmuch as the absorption of sea water reduces the polariscopic test of sugar, there shall be no allowance on account of increased weight of sugar importations due to unusual absorption of sea water or of moisture while on the voyage of importation. That portion of each mark that has absorbed sea water or moisture on the voyage of importation shall be sampled, tested, and classified separately. Special care must be taken that such sugars are sampled so as to fairly represent the contents of the packages.

ART. 1355. All sugars discharged under night permits shall be sampled as discharged or weighed.

ART. 1356. All officers of the customs having duties in