The appellants state that the importation is a "clay molded in shapes to the order of the purchaser * * and then burnt, when it is ready for shipment;" that the term "brick" can not be used to express any similarity between fire-brick and their importation of wrought clay, as a brick, they claim, comprehends "an article of known shape and size in commerce, and could not be used for the purpose for which this wrought clay is put," and that the merchandise in question is dutiable, under T. I., 97 [98], at the rate of $3 per ton for "All earths or clays wrought or manufactured."

From the special report of the appraiser on this appeal, it appears that the articles in question are commercially known and designated by clay manufacturers as "tank-blocks," and are as fully completed articles as gas-retorts, drain-pipes, etc.; that the materials used in the manufacture of the goods are certain proportions of raw and burnt clay, and that while much larger than the average fire-bricks they are similar in material and the uses to which such articles are applied, and would be dutiable at the rate returned, under section 2499, Revised Statutes.

The appraiser further reports that the consular certificate attached to the invoice denominates them as "bricks," which implies that they are known as such in England.

Your decision assessing duty at the rate prescribed in T. I., 130, for "Brick," "fire-brick * * *not specially enumerated or provided for in this act," accords with the practice at the port of New York on similar importations, and being in harmony with Department's decisions of February 10, 1887 (Synopsis 8044), is hereby affirmed. GEORGE C. TICHENOR,

Respectfully yours,

Washington, D. C., January 24, 1890.

SIR: Your attention is invited to the following extract from a report, dated the 16th instant, from the United States shipping commissioner at New York, relating to regulations for the employment of officers of vessels:

In answer to your letter (T. B. S.) of the 28th ultimo, directing me to report what measures, if any, are taken to prevent the shipment of

aliens as officers of vessels of the United States, I have to state that in this office such matters are now governed by the following rules:

1. Whenever any foreign-born seaman, claiming to have been naturalized, but not exhibiting his certificate of citizenship, presents himself to sign articles as any such officer, he will be required to make oath to certain facts.

2. Whenever any seaman, claiming to be native born, whose speech, name, or appearance affords reasonable ground for believing that he is an alien, presents himself to sign articles as any such officer he will be required to make oath to certain facts.

3. The affidavit required in such cases will be made on the blank form prepared for such purposes, and may be taken by any deputy shipping commissioner, and then must be filed with the retained copy of the articles.

4. Officers below the grade of second mate will not be regarded as officers within the meaning of section 4131, Revised Statutes, until otherwise held by higher authority.

You are instructed to establish similar regulations in your office, to be applied to masters and to first and second mates, or officers otherwise designated in the articles, but acting as first or second mates, as shown by superior pay, the duties to be performed, and the fact that the vessel has not the usual complement of officers designated as mates. An index book should be kept in which on one line there may be entered all the details of any certificate of naturalization produced by any seaman in proof of citizenship, the holder's signature being taken on the same line for the purpose of identifying him in future without the production of his papers.

The affidavit above mentioned will be in the form appended hereto, modified to suit the circumstances.

Similar instructions have been given to other shipping commissioners. Respectfully yours,.

State of

88.

Port of

County of being duly sworn, deposes and says: that he is years of age; that he now resides at in the ; that he was born at ; that he is a duly naturalized citizen of the

day of

United States of America; that he was naturalized at on or about the in the year 18-; that during five years preceding his admission to citizenship he had continuously resided within the United States, and that the reason that he does not now exhibit his naturalization papers is as follows:

Signed and sworn to before me this

day of

18-.

United States Shipping Commissioner.

NOTE. This form to be modified according to the circumstances.

(9823.)

Drawback on embossed tin trays.

TREASURY DEPARTMENT, January 24, 1890.

SIR: On the exportation of embossed tin trays, manufactured by the Palmer Manufacturing Company of New York City from imported tin plates, a drawback will be allowed equal in amount to the duty paid on the imported material used in the manufacture, less the legal retention of 10 per cent.

The quantity of the material so used will be determined by adding to the net weight of the exported trays, ascertained by a United States weigher, the following percentages of such weights:

For the 10-inch round trays, 41 per cent. ; for the 12-inch round trays, 41 per cent.; for the 13-inch round trays, 37 per cent.; for the 14-inch round trays, 27 per cent.; for the 8 by 11 oval trays, 66 per cent.; for the 13-inch square trays, 9 per cent.; for the 11 by 14 oblong trays, 7 per cent.

The manufacturer's oath to the export entry must be set forth, in addition to the usual averments that the articles named in the entry were made from sheets and blanks of the sizes and weights shown in the statement sworn to by the manufacturers on the 10th of January, 1890, which is inclosed herewith, marked "Exhibit A.”

Examination packages leaf-tobacco.

TREASURY DEPARTMENT, January 27, 1890.

SIR: The Department is in receipt of a letter dated the 18th instant, from the United States attorney for the southern district of New York,

in which, reporting the trial of the suit of Schroeder et al. against Erhardt, which was brought for the recovery of $31,990.60, duties alleged to have been exacted in excess of 35 cents per pound on certain leaf-tobacco imported into your port between July 20, 1888, and January 28, 1889, he states that a verdict was rendered in favor of the plaintiffs, by direction of the court, for the sum of $708.12, upon the sole ground that the failure of the collector to send one bale in ten of the merchandise to the public store for examination invalidated the examination and subsequent assessment of duty.

In view of such decision, you are hereby directed, in all cases of importations of leaf-tobacco, to order at least one bale in each invoice, or one bale in every ten bales, to the public store for examination and appraisement, as prescribed by the statute, unless the importers shall lodge at the custom-house on each importation a written statement, in which they shall stipulate to expressly waive such requirement, and allow the classification of the merchandise to be made upon an examination of a less number of packages.

This course should also be pursued in all cases of imported merchandise where a less number of packages than the law requires is sent to the public store for examination.

Hats of wool-Certain so-called sailor hats dutiable as.

TREASURY DEPARTMENT, January 27, 1890.

SIR: The Department is in receipt of your letter of the 13th instant, submitting the appeal (6554 x) of Messrs. Balch, Price & Co. from your assessment of duty, at the rate of 35 cents per pound and 40 per cent. ad valorem, on certain hats, imported by them per Germanic, November 16, 1889, and claimed to be dutiable at the rate of 30 per cent, ad valorem, under the provision in T. I., 400, for "Bonnets, hats, and hoods for men, women, and children.”

The appraiser reports that the hats in question are known as sailor hats, now much worn by young ladies, and are manufactured of wool, felted, and covered with a black varnish.

United States of America; that he was naturalized at

day of

on or about the in the year 18-; that during five years preceding his admission to citizenship he had continuously resided within the United States, and that the reason that he does not now exhibit his naturalization papers is as follows:

NOTE.-This form to be modified according to the circumstances.

(9823.)

Drawback on embossed tin trays.

TREASURY DEPARTMENT, January 24, 1890.

SIR: On the exportation of embossed tin trays, manufactured by the Palmer Manufacturing Company of New York City from imported tin plates, a drawback will be allowed equal in amount to the duty paid on the imported material used in the manufacture, less the legal retention of 10 per cent.

The quantity of the material so used will be determined by adding to the net weight of the exported trays, ascertained by a United States weigher, the following percentages of such weights:

For the 10-inch round trays, 41 per cent.; for the 12-inch round trays, 41 per cent.; for the 13-inch round trays, 37 per cent.; for the 14-inch round trays, 27 per cent.; for the 8 by 11 oval trays, 66 per cent. ; for the 13-inch square trays, 9 per cent.; for the 11 by 14 oblong trays, 7 per cent.

The manufacturer's oath to the export entry must be set forth, in addition to the usual averments that the articles named in the entry were made from sheets and blanks of the sizes and weights shown in the statement sworn to by the manufacturers on the 10th of January, 1890, which is inclosed herewith, marked "Exhibit A.”

Examination packages leaf-tobacco.

TREASURY DEPARTMENT, January 27, 1890.

SIR: The Department is in receipt of a letter dated the 18th instant, from the United States attorney for the southern district of New York,