242 



THE INDIA RUBBER WORLD 



[Ai'Rii, I, 1905. 



UNITED STATES CUSTOMS DECISIONS. 



RATE OF DUTY ON CRAVENETTE. 



AN importer of certain woolen or worsted cloths known as 

 " Cravenettes " protested against the action ot the col- 

 lector of customs at New York in assessing them under para- 

 graph 369 of the Tarifl act as " waterproof cloth," insisting that 

 they should be classified either as " dress goods," under para- 

 graph 395, or as "woolen or worsted cloths," under paragraph 

 392, on both of which classes the rate of duty is lower. The 

 United States circuit court for the southern district of New 

 York sustained the collector, whereupon the importers carried 

 the case to the United States circuit court of appeals where, on 

 March 3. a decision was rendered affirming that of the circuit 

 court. 



The decision states that the question to be determined is 

 whether or not the imported merchandise was "waterproof 

 cloth " under the provisions of the Act. " Cravenette " is cloth 

 which has been subjected to a process invented to make it rain 

 repellant. "Cravenette is not absolutely waterproof ; in this 

 respect it resembles gossamer rubber cloth and other materials 

 universally recognized as waterproof. Few so called water- 

 proof cloths are absolute impervious to water. Practically and 

 relatively Cravenette is waterproof. It would oflfer slight pro- 

 tection to a sailor constantly dashed with spray on the deck of 

 a storm tossed vessel, but it would be a fair substitute for an 

 umbrella and would keep the wearer dry in an ordinary shower 

 of rain." The court quoted, as a practical and common sense 

 trade definition of waterproof cloth the testimony of one of the 

 witnesses: " From my standpoint as a manufacturer of water- 

 proof garments, any cloth of which I can make a garment that 

 will keep the wearer dry in a rainstorm is waterproof cloth." 

 The testimony taken in the circuit court was to the effect that 

 in texture and appearance Cravenette has all the characteris- 

 tics of the waterproof cloth of commerce, its primary use being 

 for mackintoshes and other waterproof garments, and that it is 

 in fact one of the waterproof cloths of commerce. While the 

 Tariff act does not specifically name this material, the court of 

 appeals decide that under the act "any cloth — cotton, woolen, 

 or mi.xed— which is subjected to a process which fills the inter- 

 stices of the cloth and prevents water from going through is 

 waterproof cloth." 



With regard to the importers' contention that Cravenette be 

 regarded as " dress goods " the court says: " A dress could, of 

 course, be made of Cravenette, as one could be made of oilskin, 

 assuming that a woman were found eccentric enough to desire 

 such apparel. The evidence is, however, overwhelming that 

 this cloth was rarely sold or used as dress goods, and that the 

 predominant use was for the outer garments of men and women, 

 intended to be worn in rainy weather. A few hundred pieces 

 were at one time madein 46inch width, and an unsuccessful ef- 

 fort was made to sell them as dress goods ; but only 100 pieces 

 were sold in three years, and the remainder was sold at a sac- 

 rifice. There can be no doubt that 60 inches was the standard 

 width," whereas the average width of dress goods ordinarily 

 sold is 45 inches. 



Regarding the suggestion that the goods be admitted as 

 " woolen or worsted cloths" under paragraph 392, the court 

 rules that Cravanette, by means of the treatment to which it 

 has been subjected " is taken out of the broad class of woolen 

 cloths, and placed in the more precise and restricted class of 

 waterproof cloths, the class made more precise by the addition 

 of a new distinguishing characteristic." 



The rate under paragraph 369 for " waterproof cloth," and 

 thus made applicable to Cravenette is : " Valued at 25 cents or 



less per square yard, 4.0 per cent, ad valorem ; valued above 25 

 cents per square yard, 15 cents per square yard, and 30 per cent. 

 ad valorem. 



DUTY ON RUBBER SPONGES IN THE UNITED STATES. 



The protest of the Alfred H. Smith Co. (New York) against 

 the assessment of duty at the rate of 30 per cent, ad valorem 

 on the impTrtalion of India-rubber sponges was overruled on 

 February 27 by the Board of General Appraisers, the decision 

 being written by Mr. Sharretts. The importers' contention was 

 that the goods were properly classifiable under paragraph 82 

 of the Tariff act as " sponges," at a rate of 20 per cent, ad va- 

 lorem. The collector of customs at New York had made his 

 assessment under paragraph 450, which provides for " manu- 

 factures of rubber." The board decided that the articles were 

 properly assessed. -^There are no statistics available in regard 

 to the extent of the importation of rubber sponges into the 

 United States. It may be mentioned, however, that the value 

 of exports declared for this country from the port of St. Peters- 

 burg, Russia, during the fiscal year ended June 30, 1904, was 

 $17,363. Rubber sponges are also imported from Germany, but 

 do not appear to have been separately listed in the consular 

 statistics. 



A DECISION RE DRESS SHIELDS. 



A DECISION rendered in the United States district court of 

 Philadelphia reverses the United States board of General Ap- 

 praisers in the matter of assessing duties on imported dress 

 shields made of India-rubber and cotton, and affirms the board's 

 decision as to shields of rubber and silk. It was established to 

 the court's satisfaction that India-rubber is the material of chief 

 value in the cotton and rubber shields, and that they are, there- 

 for, dutiable as manufactures of rubber. On the other hand, 

 silk being the material of chief value in some of the dress 

 shields imported, they become dutiable as manufactures of silk. 



DISHING OF RUBBER TIRED WHEELS. 



[FROM "THE CARRIAGE MONTHLY."] 



AFTER wheels have been put away to dry for six 

 months they are supposed to be ready for tires. They 

 have about Js inch dish on front spokes; when staggered f% 

 inch, and when tired will have l,i inch, or, the forward strain 

 will be ;"s inch and the amount of dish % inch. Take wheels 

 on which the spokes have been strained forward by the size of 

 the tires, put them in a room heated to 75 degrees, observe 

 them at intervals for six months, and it will be found that they 

 will gradually go back. We have seen them go back to the 

 dish ]i inch as made by the wheel maker. 



Such wheels had to have the tires cut and reset, Hot dry 

 weather produces the same effect. The tires will become loose 

 and necessitate resetting. A complete change takes place 

 with rubber tired wheels. If left standing in the wareroom, it 

 will gradually dish ; and heavy wheels are no exception to the 

 rule. Channel tires set the same as all steel, and iron tires 

 went the same way, and the only remedy was to set them loose 

 as possible to prevent their going into dish. Rubber tires 

 appear to have the same effect on the iron and wood as the 

 damp atmosphere. We are told that it is the strain of the 

 rubber tires that affects the wheels. This is not plausible, be- 

 cause the channel can resist the rubber. The cause seems to 

 lay in the rim only. Wheels built expressly for rubber tires 

 with less depth to the rims dish less than those with the depth 

 of the rim as made originally for steel tires. Before this cause 

 was not known, channel tires were given the same draw as 

 steel tires, but when they all went into dish the channels were 

 set ioose, and better results have been obtained. 



