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FEDERAL
VOLUME 2

REGISTER
1934

NUMBER 60

Washington, Tuesday, March 30, 1937
TREASURY DEPARTMENT.
Bureau of Customs.
D u t y o n M a n u fac tu r es W h o l l y or in C h ie f V alu e o f W ool M arch 4, 1937.
The Collector of Customs, New York, N. Y.
S i r : Under date of January 6, 1937, the Bureau advised the Bush Woolen Mills Company, Dresden, Ohio, domestic manufacturer of steamer rugs, automobile robes, and car riage robes, in response to its request under the provisions of section 516 b of the Tariff Act of 1930 U. S. C., title 19, sec. 1516 , that steamer rugs, automobile robes, and carriage robes, wholly or in chief value of wool, and having fringe consisting of a portion of the warp threads and made by dropping certain weft threads, are being assessed with duty at the rate of 50% ad valorem under paragraph 1120 of the Tariff Act of 1930 U. S. C., title 19, sec. 1001, par. 1120, as manufactures wholly or in chief value of wool, not spe cially provided for.
In a complaint dated January 15, 1937, the domestic manufacturer referred to has taken exception to the practice above stated and claims that such articles should be classi fied under paragraph 1111 o f the Tariff Act of 1930 U. S. C., title 19, sec. 1001, par. 1111, and if not under that para graph, then under paragraph 1529 a of the Tariff Act of 1930 U. S. C., title 19, sec. 1001, par. 1529, or paragraph 1109 of the same act U. S. C., title 19, sec. 1001, par. 1109.
The Bureau was advised that the articles in question are not made with a separate fringe, but that the fringe results from the dropping of the weft yarn in the material. In a decision published as 1935 T. D. 47633, the United States Court of Customs and Patent Appeals held that similar steamer rugs and automobile robes, woven directly from yam s on a loom with an attachment which after the cloth is woven to a given length automatically omits the weft threads for a fixed distance the individual articles being separated from each otherafter the weaving process by cutting through the middle of the space from which the weft threads are om itted, were not made of blanketing within the meaning of that term as used in paragraph 1111
of the Tariff Act of 1930, but were dutiable as manufactures of wool, not specially provided for, under paragraph 1120
of the said act. Following this decision, the action o f the collector of customs in excluding merchandise of the char acter described from classification under paragraph 1111
of the Tariff Act of 1930, is approved and as the articles are not made in part of separate fringe, they would not be dutiable under paragraph 1529 a of the Tariff Act of 1930, in view of the decision of the Board of United States General Appraisers now the Customs Court, published in 1925 T. D. 41273. As the articles in question are not woven fabrics but are steamer rugs, automobile robes, and carriage robes, the provisions of paragraph 1109 of the Tariff Act of 1930, are not applicable.

In view of the foregoing, the Bureau approves the present practice o f classifying articles of the character above de scribed as manufactures wholly or in chief value of wool, not specially provided for, and of assessing them with duty at the rate of 50% ad valorem under paragraph 1120 of the Tariff Act of 1930. The Bush W oolen Mills Company has been so advised.
In accordance with the provisions of section 516 b of the Tariff Act of 1930, notice is hereby given that the clas sification of and the rate of duty on merchandise of the character described, imported, or withdrawn from ware house after the expiration of 30 days after the publication of this letter in the weekly Treasury Decisions, will be sub ject to the decision of the United States Customs Court in the event that a protest is filed under the provisions of that subdivision.
Very truly yours, se a l

J . H . M oyle,
Commissioner of Customs.
Approved: March 4, 1937.
J o s e p h in e R o c h e ,
Acting Secretary of the Treasury.
F . R .D o c. 3 7-882; P iled,M arch 27,1937; 9 :5 1 a .m .

T . D . 48889
C u st o m s
R e g u l a t io n s A m ended S pe c ia l I m m e d ia t e D e l iv e r y
P e r m it s
for
To Collectors of Customs and Others Concerned:
Pursuant to the authority contained in sections 448 b , 623, and 624 of the Tariff Act of 1930 U. S. C., title 19, secs. 1448 b, 1623, and 1624, the Customs Regulations of 1931 are hereby amended as follows:
Article 349, as amended by T. D. 45761, is amended to read as follows:
A rt. 349. Application Entry Procedure. a Tariff A ct o f 1930, section 448 b :
The Secretary of the Treasury is authorized to provide by regu lations for the issuing o f special perm its for delivery, prior to form al entry therefor, o f perishable articles and other articles, the im m ediate delivery of which is necessary.
b Articles, the im m ediate delivery of w hich is necessary includes, in addition to perishable articles, any other articles in connection w ith w hich it is definitely established th a t delay in securing release would occasion unusual loss or inconvenience to th e im porter or to th e carrier bringing th e m erchandise to the port.
c Special perm its for the delivery o f articles of a class referred to in paragraph b prior to form al entry shall be granted only in cases where th e collector of custom s shall be satisfied th a t such delivery can be perm itted w ith safety to the revenue.
d Applications for special perm its for the delivery o f im ported articles prior to form al entry therefor sh all be m ade in triplicate on custom s Form 3461 and shall be supported by evidence satis factory to the collector o f the right of th e applicant to m ake entry for the articles w ith respect to w hich th e application is filed. I f the application is approved, one copy thereof shall be retained as
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