Form 7507-A. Withdrawal permit for transportation, by preparing for signature of acting deputy collector and to be countersigned by the acting assistant comptroller. Form 7511-A. Notice of intent to export articles with benefit of drawback, by adding the word "Shipper" on bottom line under heading "Marks and numbers" and by providing a space for "Date and hour of receipt of notice of intent" on reverse side of form in inspector's certificate. Form 7511-B. Notice of intent to export articles with benefit of drawback, by providing a space for "Date and hour of receipt of notice of intent" in inspector's certificate on reverse side of form. Form 7512. Carrier's United States customs manifest of goods subject to customs inspection, by revision of instructions on reverse side of form. Form 7513. Export declaration on bonded goods, transfer ticket, and permit to export, by changing title to read "Export declaration on in-transit bonded goods, transfer ticket, and permit to export." Form 7525. Shipper's export declaration, by general revision, and price of Schedule "B" on reverse side under "Instructions" in paragraph 4-A of form increased from 10 cents to 20 cents per copy. Form 7533. Inward manifest of vessel under five tons, ferry, car, aeroplane, vehicle, etc., by general revision and form made 11 by 81⁄2 inches instead of 81⁄2 by 11 inches. Form 7543. Certificate of delivery of merchandise, by general revision and made the same width as Form 7577, certificate of manufacture and delivery. Form 7551. Single entry bond, to redeliver merchandise, to produce documents, to pay duties and charges, etc., to perform all conditions required by part 3 of Title IV, tariff act of 1922, and all other laws and regulations made in pursuance thereof, by revision of instructions at bottom of form. Form 7577. Certificate of manufacture and delivery, by general revision. E. W. CAMP, Commissioner of Customs. (93120.) Approved December 21, 1928: A. W. MELLON, Secretary of the Treasury. (T. D. 43106) Port of entry Oakland, Calif., including Oakland, Alameda, Berkeley, Emeryville, and San Leandro, created a customs port of entry, effective January 14, 1929 TREASURY DEPARTMENT, OFFICE OF THE COMMISSIONER OF CUSTOMS, To Collectors of Customs and Others Concerned: Washington, D. C. There is published below for the information of customs officers and others concerned the following Executive order, dated December 15, 1928, creating a port of entry on the east side of San Francisco Bay to be known as Oakland, Calif., and to include Oakland, Alameda, Berkeley, Emeryville, and San Leandro, in customs collection district No. 28 (San Francisco), with headquarters at San Francisco, Calif., effective 30 days from the date of the order. E. W. CAMP, Commissioner of Customs. EXECUTIVE ORDER By virtue of the authority vested in me by the act of Congress approved August 1, 1914, making appropriations for the sundry civil expenses of the Government for the fiscal year ended June 30, 1915, a port of entry is hereby created on the east side of San Francisco Bay to be known as Oakland, Calif., and which shall include Oakland, Alameda, Berkeley, Emeryville, and San Leandro, in customs collection district No. 28 (San Francisco), with headquarters at San Francisco, Calif., effective 30 days from the date of this order. THE WHITE HOUSE, December 15, 1928. CALVIN COOLIDGE. (T. D. 43107) Belgian sand Belgian sand and other similar sand used in the manufacture of glass free of duty as sand under paragraph 1675, tariff act of 1922 TREASURY DEPARTMENT, OFFICE OF THE COMMISSIONER OF CUSTOMS, COLLECTOR OF CUSTOMS, New York. Washington, D. C. SIR: The department refers to its decision (T. D. 42820) holding that Belgian sand and other similar sands used in the manufacture of glass were properly subject to duty at the rate of $4 per ton under the provision in paragraph 207 of the tariff act of 1922 for crude silica and were not free of duty under the provision in paragraph 1675 for sand. The department's ruling was predicated upon information which constrained it to believe that Belgian sand and other glass sands were commercially known as silica, and its conclusion that the merchandise was dutiable as silica was in part derived from information furnished by the Geological Survey, Department of the Interior, and the Bureau of Standards, Department of Commerce. Following the publication of the ruling, protests were filed by importers of Belgian sand contending that this sand is commercially known as sand and not as silica, and is accordingly free of duty as such. In view of the protests filed the department again took this matter up for consideration and investigation and requested a further expression of views from the Geological Survey and the Bureau of Standards upon the subject and also requested an expression of views from the Bureau of Mines, Department of Commerce. The Geological Survey in its present letter, after discussing the question and showing the various uses of the merchandise and its various designations, concludes with the statement that, as the classification depends upon commercial designation rather than by use, it is of the opinion that it is not subject to duty as silica but is free of duty as sand. The Bureau of Standards describes the several uses to which silica is put, for example, as wood filler, scouring soaps, foundry mold wash, metallurgic and chemical processes, etc., but states that in none of the uses referred to is it known as silica but under various names such as "flint," "silex," "foundry sand," etc. The bureau also states that Belgian sand is also known commercially as glass sand, and closes the discussion of the question with the statement that but rather a minor part of the total amount of silica marketed is commercially known as such. The Bureau of Mines states that while the term "silica" is sometimes applied as a class name to a miscellaneous group of mineral substances such as quartz, flint, chert, infusorial earth, etc., these terms are of special usage rather than commercial terms, and that that bureau does not regard glass sand as silica, nor is it bought and sold as silica, and it is always termed sand in commerce. In view of the reports received, the department feels that its previous decision (T. D. 42820) was based upon an erroneous view of the facts, and it is now satisfied that Belgian sand is not known commercially as silica but is bought and sold and known in the trade as Belgian sand. In this connection and persuasive of the correctness of the present position of the department, I deem it proper to refer to the debate on the floor of the Senate when the subject of Belgian sand was being discussed as an amendment to paragraph 207. An amendment was offered on the floor to paragraph 207 as follows: "Glass sand, $1.50 per ton," and later amended to read, "Glass sand containing 99 per cent or more of silica, $1.50 per ton." This amendment was agreed to, but when the bill went to conference it was stricken out. It is clear from the discussion on the floor of the Senate that it was the opinion of the members that without this amendment glass sand would be free of duty. The question was not whether it would be dutiable as silica, but whether it should be free of duty or assessed with duty at the rate of $1.50 per ton. As the suggested amendment was in the interest of domestic manufacturers it is clear that not only the members of the Senate but the domestic interests felt that it was necessary to have glass sand specifically provided for, neither the domestic interest nor the members of the Senate believing that it was included within the term "silica" as used in paragraph 207 of the tariff act. For the reasons stated, and after a very careful consideration of this question, the department feels constrained to rescind its ruling (T. D. 42820) and you are, accordingly, directed to admit Belgian sand and other similar glass sands free of duty under paragraph 1675 of the tariff act. Schedule of hearings by the United States Customs Court Schedule of hearings of cases by the United States Customs Court at ports other than the port of New York for the calendar year 1929 TREASURY Department, OFFICE OF THE COMMISSIONER OF CUSTOMS, To Collectors of Customs and Others Concerned: The appended schedule of hearings by the United States Customs Court is published for your information. E. W. CAMP, Commissioner of Customs. Schedule for the hearing of tariff cases by justices of the United States Customs Court at ports other than New York for the year 1929 UNITED STATES CUSTOMS Court, 641 Washington Street, New York, December 17, 1928. Pursuant to the provisions of section 518, tariff act of 1922, the following schedule has been prepared for the hearing by justices of the United States Customs Court of tariff cases at ports other than New York, and is hereby promulgated: Whenever it shall appear to the chief justice of the United States Customs Court that there are not pending at any port in the schedule herein a sufficient number of cases to warrant the visitation of a justice, or that it will not be practicable to hold the hearing on the date fixed in said schedule, he will, after due notice, fix a different date for such hearing. Whenever a hearing as fixed herein falls on a holiday, the calendar for such hearing shall be called on the day following. The calendar for each hearing shall be called at the hour designated in the notice of such hearing, and all cases pending shall be heard or set for trial as the justice in attendance may direct. When transmitting records from ports other than New York to the United States Customs Court in cases in which local hearings are to be had, the samples, if any, after being properly carded (Cat. No. 183 or 184) for identification with such records, shall be retained in the local office for use at such hearings, and thereafter be immediately indorsed with the court numbers and transmitted with such records to the United States Customs Court. I. F. FISCHER, Chief Justice. (T. D. 43109) President's proclamation under section 315 (a), tariff act of 1922, increasing the rate of duty on onions TREASURY DEPARTMENT, OFFICE OF THE COMMISSIONER OF CUSTOMS, Washington, D. C., January 2, 1929. To Collectors of Customs and Others Concerned: There is published for your information and guidance the appended proclamation of the President issued under the provisions of section 315 (a) of the tariff act of 1922, increasing the rate of duty on onions |