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FEDERAL

REGISTER
1934

VOLUME 3

NUMBER 32

Washington, Tuesday, February 15, 1938
TREASURY DEPARTMENT.
Bureau of Internal Revenue.
T . D. 4793
E x e m p t io n
D is t il l e r s o p C e r t a in B r a n d y s io n s o f I n t e r n a l R e ve n u e L a w s
op
REGULATIONS 7

from
P r o v i
EFFECTIVE M AY 1, 1 9 3 0 , PARAGRAPH 317, AMENDED

To D istrict Supervisors and Others Concerned:
Pursuant to the authority conferred by Section 3255 R. S., as amended U. S. C., 1934 ed title 26, Supp. H, sec. 1176, the first paragraph of Paragraph 317, Page 106, Regulations 7, approved May 1, 1930, is hereby amended to read as follows:
P ar . 317. Section 3255 R. S., as amended, authorizes the Commissioner, with the approval of the Secretary, to exempt distillers of brandy made exclusively from apples, peaches, grapes, oranges, pears, pineapples, apricots, berries, plums, pawpaws, persimmons, prunes, figs, cherries, dates or citrus fruits except lemons and limes from any provision of the Internal Revenue laws relating to the manufacture of spirits, except as to the tax thereon, when in his judgment it may seem expedient to do so. By virtue of this authority dis tillers producing brandy made exclusively from apples, peaches, grapes, oranges, pears, pineapples, apricots, berries, plums, pawpaws, persimmons, prunes, figs, cherries, dates or citrus fruits except lemons and limes are hereby exempted from the provisions of law enumerated herein:
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G u y T . H e lv e r in g ,
Commissioner of Internal Revenue.
Approved February 10, 1938.
R o s w e l l M a g il l ,
A cting Secretary of the Treasury.
F. R. Doc. 38-474; Filed, February 12,1938; 11:46 a. m.

Federal Alcohol Administration Division.
B l a c k b e r r y F lavored G rape W in e F e b r u a r y 10, 1938.

To A ll Bottlers and Packers o f W ine:
The Administration has recently ascertained that certain wine producers, blenders and rectifiers have shipped in bulk, under the designation Blackberry Wine, a product which does not, in fact, conform to the standard of identity for blackberry wine, in that the product is a base of grape wine, to which blackberry flavor or blackberry wine has been added.
Investigations of these shipments are continuing with a view to appropriate regulatory action against the offending permittees.
In this connection, it appears that in many instances such misbranded bulk shipments come into the possession of
wholesalers and are bottled by them under the designation Blackberry Wine.
This is to warn wholesalers and wine manufacturers against the sale of such product unless made entirely from black berries, if the same is to be labeled as Blackberry Wine.
Wholesalers bottling and marketing Yproducts under the designation Blackberry Wine may readily ascertain whether the product is made wholly from blackberries by simple chemical analysis.
Proceedings for suspension of permits will in the future be instituted against permittees bottling or offering for sale such misbranded products.
W. S. A le x an d e r , Adm inistrator.

seal
F. R. Doc. 38-469; Filed, February 11,1938; 2:58 p. m .

DEPARTMENT OF THE INTERIOR.
National Bituminous Coal Commission.
Dockets No. 53-FD, 31-FD, 30-FD

In
the M atter of the A pplications of W heeling S teel C or poration , E mperor C oal C o m pany , C onsumers M in in g C om pany for E xem ption F rom the P rovisions of Section 4 of the B it u m ino u s C oal A ct of 1937, as A uthorized by the S econd P aragraph of S ection 4 -A of S aid A ct
ORDER DIRECTING ARGUMENT ON PETITIO N FOR REHEARING

The Wheeling Steel Corporation, applicant in the above entitled matter, Docket No. 53-FD, having filed with the Com mission on November 8, 1937, its petition, in which Emperor Coal Company and Consumers Mining Company join, for rehearing and other relief; and the Commission having duly considered the same and it appearing that it would be desir able to have oral argument by petitioner or its counsel and other interested parties for the purpose of determining whether prayer of petitioner should be granted, the Com mission hereby orders:
X. That at the hour of ten oclock A. M , on the 21st day of February, 1938, at the hearing room of the Commission in the Walker Building, Washington, D. C., before the Com mission or a Division thereof, all interested parties in the matter of the petition fo r rehearing filed by the Wheeling Steel Corporation on November 8, 1937, shall be given op portunity to present oral argument to show cause why the prayer of the petitioner should or should not be granted.
2. That pending the completion of the oral argument pro vided herein or until further order of the Commission, the orders of the Commission in the matters of Wheeling Steel Corporation Docket No. 53-FD, Emperor Coal Company Docket No. 31-FD and Consumers Mining Company Docket No. 30-FD, denying exemption to petitioners from the pro visions of Section 4 of the Bituminous Coal Act of 1937,1
12 F. R. 2777,2779 D I .

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