2 30
T H E JOURNAL OF ILVDUSTRIAL A N D E;VGINEERIA’G CHEMISTRY.
oil of foreign manufacture to compete in the Marseille market with the domestic article. The prices per IOO kilos a t Marseille, on Sovember 20, 1908, were a s follows: Edible oil, $13.51-15.44; soap oil, $ I 1.97 ; Bombay peanuts, shelled, $5.84; Mozambique peanuts, shelled, $7.14; Ruffisque nuts, in the shell, $4.58; Bas de Cote, $5.35; peanut cake, $3.13. During ten months of 1908 hlarseille received 92, jo7 tons of shelled peanuts and 94,737 tons in the shell. German manufacturers press peanuts three times, twice for edible oil and once for soap oil. Ruffisque kernels are chiefly utilized. I t would cost in this country about $23,800 t o erect a mill of I O tons’ capacity and about $83,300 for one of 50 tons’ capacity, exclusive of the cost of real property and buildings. Prices to-day (November 2 7 , 1908) per 2 2 0 pounds in Hamburg for peanuts in the shell are $5.24;shelled, Sj.71; oil from S14.76 to $21.42. German peanut cake commands from $35.70 to $38.08 per 2,204.6 pounds. The d u t y on peanuts in Germany is 2 marks ($0.476) per 2 2 0 pounds; t h a t on oil is IO marks ($2.38) per 2 2 0 pounds. [Consul-General Skinner appends a list of the best-known firms i n France and in Germany manufacturing oil presses, which is placed i n the files of the Bureau of Manufactures.] U . S. Consular Report, Jan. 2 3 , 1909. Rubber-tanned Leather.-A British publication states t h a t a new syndicate has established a factory in London and is placing upon the market a new form of leather, for which i t is claimed there is a big future, and which i t thus describes: The leather is submitted to a tanning process of the chrome variety, which preserves i t ; rubber solution is then worked into the interstices, rendering the hide thoroughly waterproof. T h e elasticity of the rubber permits of perfect flexibility and extraordinary toughness of some of the skins, especially of rabbit, goat, and sheep skins. It is impossible to forecast the many uses for which this process may be available. Tests have been made for motor tires, soles for boots and shoe, pump washers, machine belting, miner’s boots, etc., and i t is probable t h a t the multitude of articles t h a t can be made of rubberized leather will, i n time, create a further demand for rubber. This new material, i t is thought, may also prove useful for motor and cycle tires, as i t is almost impossible to puncture it, while i t is said to be much more resilient and waterproof than ordinary 1eather.‘ U . S. Consular Report, Jan. 2 3 , 1909. The Universal Portland Cement Co. is about to s t a r t construction on a n addition to Plant KO. j a t Universal, Pa. This plant a t present has a n output of 4,500 barrels per day. \T‘hen the new addition is completed, which will be about January, 1910, the total output of this plant will be 10,000 barrels per d a y or 3,000,000 barrels per year. This will give the Company a total production of 23,000 barrels per d a y or 8,000,ooobarrels per year.
labeling of the product generally known as “wood turpentine,” etc., obtained by steam distilling or destructively distilling woods. Food Inspection Decision j 8 recognizes thatProducts used in the arts and for technical purposes are not subject to the Food and Drugs Act * * * when plainly marked so as to indicate t h a t they are not to be employed for food or medicinal purposes. I t is held, therefore, t h a t when wood turpentine is labeled “ S o t for Medicinal Cse,” etc., i t is not subject to the food and drugs act. n‘hen not so labeled i t is i n violation of section j of the food and drugs act unless labeled “wood” or “stump” turpentine. Articles labeled “turpentine,” “spirits of turpentine,” or “gum terpentine,” etc., must comply with pharmacopoeial requirements ; t h a t is, they must be light oils of certain properties made by distilling the oleoresin of various species of Pinus. ’i he word “wood” or “stump” should be in the same type arid on the same background as the word ‘‘turpentiri, ’ t h u s being given equal prominence. H. W. WILEY, F. I,. DUXLAP, GEO. P. MCCABE, Board of Food and Drug Inspectton. Approved: JAMES \T‘ILSON, Secretary o j Agriculture, WASHISGTON, D. C., January 22, 1909 Under date of January 30, the Board of Food and Drug Inspection has issued a notice of judgment No. 36, Food and Drugs Act, Misbranding of Canned Apples and Blackberries. Under the same date judgment Eo. 37, Food and Drugs Act, Adulteration of Milk (Water).
TREASCRY DEPARTMENT, January 4, 1909. (T. D. 294 j j ) Cas-in.-Decision of the United States court of appeals, second circuit (suit 4586; T. D. 29374), United States z’. W.M. Brownell, aciuiesced in.
TREASURY DEPARTMENT, January 8, 1909. (T. D. 29461) Drawbick’on lubricafing oils.-Drawback on lubricating oils manufactured by the Swan & French Company, of New York City, wholly or in p a r t from imported sperm oil, Russian oil, and Japan oil.-T. D. 173j j of -4ugust I , 1896, extended.
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to (T. D. 1449). .IIethud of sampling butter.-Instructions internal-revenue officers to discontinue use of butter “trier” in taking samples and describing nen- method to be used in lieu thereof as follows :
TREASURY DEPARTMENT, COMMISSIONER OF I N T E R N A L REVENUE, LVIASHINGTON, D. c.,January 2 , 1909. T o collectors and other internal-revenue officers and employees: The act of Congress approved May 9, 1902, imposes a n internal-revenue t a x of IO cents per pound on adulterated butter, a s described in the act, and special taxes on any OFFICE
OFFICIAL REGULATIONS AND RULINGS. FOOD INSPECTION DECISION, 103. Department has reThe Labeling of Turpentine.-The ceived a number of letters with reference to t h e proper
Mar., 1909
OF
O F F I C I A L REGCZ A T I O N S A N D R L-LI N G S . person engaged in the business of manufacturing adulterated butter or in the sale of t h e same. The enforcement of this law necessitates the examination of the product found on the market or in storage b y revenue officers, who are required to procure samples from the packages so found and submit the same for chemical analysis, by which process i t is determined whether a n y chemicals have been used or any substances foreign t o genuine butter have been added, or a n y process of manipulation has been resorted to x i t h the effect of causing the absorption of a n abnormal quantity of water, milk, or cream. Upon the results of these analyses it is determined what butter is subject to the t a x herein referred to. Heretofore, while acting under instructions of this office, care has been taken by field officers to obtain truly representative samples of the contents of the t u b or package of butter without particular reference to the method of taking the samples, and complaints have reached this office concerning all these methods, more espekially where a “ b u t t e r trier” has been used. I t is claimed t h a t this is especially objectionable for the reason t h a t it disfigures the surface of the contents of the package and interferes with the division of the same into prints. Obtaining the samples from the top, bottom, or sides of the package by means of a spoon or other instrument has been criticized, a s not giving representative samples of the contents of the tubs. Hereafter, in procuring these samples, the use of a “ b u t t e r trier I ’ will be entirely abandoned. The quantity required from each package will be obtained from the top and bottom or sides of the butter contained in the tubs b y cutting a V or wedge shaped strip about 2 inches wide, 1 % inches deep, and of sufficient length to make u p the required weight of t h e sample, which must be approximately I pound. This can be accomplished b y removing the butter from the tub. A T‘-shaped strip of this character should be taken from each opposite sides of the package of butter, or from both the top and the bottom of same, but it is regarded as sufficient if two such strips are obtained-that is, from t h e t o p and bottom in one case and from the two sides in the other instance. Butter put u p in prints will be sampled b y taking a Ipound print from the box or other container. All officers and employees engaged in securing samples of butter for investigation are admonished t o perform this d u t y with a s little trouble and frktion a s possible, leaving the packages sampled a s nearly in their normal condition a s may be practicable. .4ny labor required in the handling of packages to be sampled d l be performed by the officers, or, if assistance is necessary, b y persons employed for t h a t work by the officers i n charge of the investigation. The business of merchants or of storage houses should be interfered with a s little as possible by officers while in discharge of these duties. In return, it is assumed t h a t the owners of butter will interpose no unreasonable obstacle in the way of officers who seek only to carry out their instructions. Great care must be exercised in t h e packing, sealing, labeling, and shipping of samples of butter, following existing instructions a s contained in circulars now in force. JOHS G. CAPERS, Commissioner.
231 TRE.%SL-RIDEPARTNETT,
January 9, 1909. Drarc‘bJck 0 1 1 z i n c shavings.-Drawback o n zinc shavings manufactured by F. W. Braun, of LOS Angeles, Cal., from imported zinc in sheets.
(T. D. 29463).
(T. D. 1450). Denatured alcohol produced in and imported from Porto Rico is subject to same tax as alcohol not denatured. TREASCRY DEP.IRT.\IEST. OFFICEOF COXMISSIO~-ER OF INTERXAL REYESUE, Ii7ashington D . C . , J a n u u q ~ r 1909. , SIR: This ofice is in receipt of your letter of the 9th instant, relative to the manufacture and exportation of the United States of denatured alcohol produced in Porto Rico. I n reply, you are informed t h a t the law authorizing the \\-ithdrawal of distilled spirits from bonded warehouse, free of tax for denaturation in the United States, does not apply t o Porto Rico, and t h a t importations of denatured alcohol from Porto Rico n-ould be subject t o the same tax as the alcohol not denatured. Respectfully, J . C. T~THEBLER, Debut23 Commissioner. X r . -__- , Avecibo, P . R .
(T. D. 29471). January 14,rgog.--Drawback on Babbitt metal manufactured b y the Frictionless Metal Company at its factories a t Chxttanooga, Tenn., and Richmond, Va., with the use of imported lead and antimony.-T. D. 22963 of -1pril 16, 1901, extended. (T. D. 29497-G. A. 685j). L‘. S. General Appraisers, Sew York, January 26, 1909. COLOR-OXIDE OF IROK-LE\’IGATED IROS ORE. Oxide of iron, or hematite iron ore, which is in a powdered state resulting from a process of grinding and levigation, and which is used in the manufacture of paint and in coloring leather board, etc., is dutiable under paragraph 58, tariff act of 1897, relating to colors and pigments, rather than under 11. Francklyn (162 Fed. paragraph I Z I a s iron ore.-Hill Rep., 880; T. D. 29074) distinguished.
(T. D. 1453). Adulterated butter.-Revenue officers are enjoined to show utmost consideration for the rights of legitimate business i n investigating questions of liability under the act of May 9, 1902. TREASYRY DEPARTXENT, OFPICE OF COMMISSIOSER OF ISTERSAL REVEKCE, T T aslzingioiz, D . Cy., January 16, 1909. T o collcciors aizd other interim-rezenzrc oflcers: My attention has been called to a n article in a recent issue of a trade journal relative t o the methods pursued by revenue officers in taking samples of suspected butter, and holding u p various lots of butter in stores and warehouses. The article in question cites various instances of butter being held under detention or suspicion for a n unreasonable length of tinic before being released as normal, or seized a s adulterated. and is illustrated with a cut made from a photo-
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T H E J O U R N A L OF INDUSTRIAL A N D ElVGINEERIIVG C H E M I S T R Y .
graph of certain tubes released after examination, showing wholly unnecessary mutilation as a result of the methods used in the taking of samples. The article is doubtless exaggerated, but contains enough truth, judging from certain instances which have come t o m y notice, t o warrant me in again calling attention of all revenue officers t o the necessity of using t h e utmost care and consideration for the rights of legitimate business in making investigations of this character. Where t h e field force have facilities for making such tests preliminary tests of suspected butter should be made, and samples showing 15% per cent. or more of moisture should be a t once forwarded t o this office, and all tubs from which the samples were taken showing less than t h a t per cent. should be promptly relieved from suspicion, only the tubs showing 15% per cent. or more being detained t o await the results of the official analysis, which will be forwarded with a11 possible dispatch. Should the official chemist’s report show that a n y of the detained tubs of butter contain butter of less than 16 per cent. moisture, such tubs should be promptly reIeased and formal seizure made of the t u b s found by tests made in the laboratory here t o contain 16 per cent. or more of moisture. The two principal grievances complained of are the injury t o t h e appearance of the packages through the taking of samples and t h e delay in determining t h e classification of t h e suspected article, and i t is believed t h a t a careful compliance with T. D. 1449 will minimize t h e first, and all officers are enjoined t o use the utmost effort t o avoid t h e second. JOHN G. CAPERS, Commissioner. (T. D. 29499) Fire brick.-uNITED STATES v. BEHREND.UNITED STATESv. \VING.-U. S. Circuit Court of Appeals, Second Circuit. January 12, 1909. Nos. 90 and 91 (suits 4304 a n d 4585). I . FIREBRICK-RETORT SETTINGS-SIMILITUDE. Retort settings more t h a n IO pounds in weight are dutiable by similitude as “fire-brick weighing not more t h a n ten pounds each,” under paragraph 87, tariff act of 1897. 2.
SAME-MINERAL
SUBSTANCES-SUSCEPTIBILITY
TO
DECORATION. Fire brick, which can be b u t never are decorated, are not susceptible of decoration so as t o be covered by paragraph 97, tariff act of 1897, which through relating t o articles composed of earthy or mineral substances, is limited t o such as are susceptible of decoration.
Mar., 1909
KOuEs, Circuit Judge, dissents. APPEALSfrom the circuit court of the United States for the southern district of New York. [Decision adverse t o the Government]. For decision below see T. D. 28718, in which the circuit court, on the authority of Wing v . United States (119 Fed. Rep., 479), affirmed decisions of the Board of United States General Appraisers, which are reported a s G. A. 6382 (T. D. 2 7 4 2 2 ) and Abstract 13038 (T. D. 27649), and which sustained protests of Fred Behrend and L\’ing & Evans against the assessment of d u t y by the collector of customs a t the port of New York.
(T. D. 29512-G. A. 6859) Magnesia rings. I . MAGNESIA RINGS-BISQUE. So-called magnesia rings, used as part of gas-light burners, held upon t h e evidence t o be bisque, and hence dutiable under the specific provisions of paragraph 96, tariff act of ‘897. 2 . CASES REVIEWED. Previous decisions of the Board and the courts reviewed, and Crawford v . United States (T. D. 28539) distinguished upon the facts. (T. D. 29516). January 29, 19og.-No. ZO~~~.-RESIN PITCH.-Protests 291529, etc., of R. F. Lang (New York). So-called resin pitch classified as a chemical compound under paragraph 3, tariff a c t of 1897, was claimed t o be dutiable as a n unenumerated manufactured article under section 6. Protests sustained. CHAMBERLAIN, General APPraiser: Samples of the merchandise were submitted, at the request of the importer, t o t h e United States chemist at the port of New York for analysis; and based upon his evidence, we find t h e merchandise to be a mixture of oxidized resin and vegetable oils, the product having no well-recognized composition of chemical formula. It is our opinion, therefore, t h a t the merchandise is not a chemical compound, for i t has been repeatedly held t h a t a mixture where no chemical union results is not a chemical compound within t h e meaning of paragraph 3. G. A. 5832 (T. D. 25733); G. A. 6269 (T. D. 27051); G. A. 5718 (T. D. 25410).
* * *
(T. D. 29518) Glycerophoshate of lime.-KLIPSTEIN v. UNITED STATES.-U. S . Circuit Court Appeals, Second Circuit. January 12, 1909. No. 127 (suit 5 2 0 5 ) . GLYCEROPHOSPHATE OF LIME-CHEMICAL COMPOUNDMEDICINAL PREPARATION. 3. SIMILITUDE-POINTS OF RESEhlBLANCE-IDENTITY. Glycerophosphate of lime, which, though occasionally Retort settings more t h a n IO pounds in weight resemble dispensed medicinally in its imported form, is almost always fire brick weighing not more t h a n I O pounds, in material, used in combination with other drugs In the preparation of quality, texture, and use, within t h e meaning of t h e simili- elixirs, is not a medicinal preparation within t h e meaning tude clause in section 7, tariff act of 1897. Identity ordinarily of paragraph 67, tariff a c t of 1897, but is dutiable a s a chemwould exclude all question of similarity, but not here, because ical compound under paragraph 3. of the distinction in weight. APPEALfrom the circuit court of the United States for t h e southern district of New York. 4. SIMILITUDE-TESTS O F RESEMBLANCE-INCONGRUITY [Decision adverse t o the Government.] OF ASSESSMENT. The decision below (T. D. 29100) affirmed a decision b y T h e amount of d u t y is not one of the test prescribed for the application of the similitude clause i n section 7, tariff the Board of United States General Appraisers, which had a c t of 1897. If incongruity results, the inference is not affirmed the assessment of d u t y by the collector of customs t h a t the tests should be abandoned, but the Congress failed at the port of New York on merchandise imported-by A. Kilpstein & Co. Abstract 1792 I (T. D. 28687). to express its intention.
