His reply, dated 20th instant, states that the packages, being regarded as
dutiable, were returned in conformity with the construction given to the
postal-union treaty by the international bureau at Berne, to the effect that
duties may not be collected upon dutiable matter sent by mail within the
limits of the union.
A copy of the letter of the Post-Office Department, with its accompanying
circular, explanatory of the rules adopted in the matter, is herewith
transmitted for your information.
[Inclosure in No. 98.]
Post-Office Department,
Washington, D. C., September 20, 1879.
No. 47322.]
Sir: I have the honor to acknowledge the
receipt of your letter of the 18th instant, inclosing a copy of a
dispatch, dated the 30th ultimo, from the minister of the United States
in Spain relative to the return to that country of certain packages
containing dutiable matter sent by mail to the United States, and to
inform you, in reply, that as the general postal-union treaty, under the
provisions of which all postal exchanges between this country and Spain
are conducted, stipulates that any article whatever liable to custom
duties shall not be admitted for conveyance by the post, such articles
received by mail from postal-union countries as are pronounced by the
customs officers to be subject to duty in the United States, are
returned as undeliverable matter to the country of origin.
This practice is based upon a construction by the international bureau at
Berne that the provisions of the treaty do not authorize the collection
of customs duties on articles sent by mail within the limits of the
postal union, and that the postal administrations which cannot deliver
such articles sent to them from postal-union countries, are required to
return them immediately, through the respective offices of exchange.
Under our customs-revenue laws the only books which are absolutely free
of duty are those which have been printed and manufactured more than
twenty years, and pamphlets, periodicals, and other like publications
for the personal use of the party to whom they are addressed; and the
regulations of the Treasury Department provide for the free admission
through the mails, in the discretion of the collector of customs, of
books valued at less than one dollar, and of photographs, in limited
numbers, of private individuals for their own use or for distribution to
relatives or personal friends.
The illustrated periodicals referred to by Mr. Lowell in his dispatch
were, no doubt, pronounced by the customs officers detailed to inspect
the foreign mails received at New York to be subject to duty, and were
for that reason returned to the country of origin.
The order of the Treasury Department directing the admission through, the
mails free of duty of packages of periodicals not exceeding the weight
of 1,000 grams (2 pounds 3 ounces), which Mr. Lowell mentions as having
read an American newspaper, was issued by the Secretary of the Treasury,
under date of June 18, 1878, in consequence of complaints made to this
department, that customs officers at New York were returning to
countries of origin, as subject to duty, all newspaper’s and periodicals
received in the mails from abroad; and the subsequent instruction from
the Treasury Department, published in a circular issued from this
department on the 5th instant, a copy of which is herewith inclosed,
resulted from further efforts by this department to obtain from the
Treasury some fixed rule defining clearly the limits within which the
discretionary power of customs officers would be exercised in remitting
duties on articles valued at not, more than one dollar. It was deemed
important for the information of the public that the Treasury
regulations should specify what books, periodicals, &c., not
exceeding the value of one dollar, would be permitted to pass in the
mails free of duty; but as all books, periodicals, &c., printed and
manufactured less than twenty years are by our revenue laws subject to
duty, the Secretary of the Treasury did not feel warranted in issuing
any more definite regulations on the subject than those contained in his
letters published in the inclosed circular, which authorizes the
delivery through the mails free of duty, of unsealed packages of
newspapers and periodicals not exceeding in weight 1,000 grams, when
intended mainly for the personal use of the party to whom they are
addressed, and when not sent as merchandise for trade and profit, and
which also states that it may be presumed that the discretionary power
of customs officers, to remit duties on books not exceeding one dollar
in value, will not be exercised in regard to books except in the case of
single copies of books transmitted through the mail for the use of
private persons, sent in good faith for that purpose.
I am, very respectfully, your obedient servant,
JAS. N. TYNER,
Acting
Postmaster-General.
[Inclosure in Mr. Tyner’s
letter.]
Post-Office Department,
Office of Foreign
Mails,
Washington, D.
C., September 5,
1878.
[Official.]
In order that postmasters and the public may be fully informed relative
to the regulations and instructions issued by the Treasury Department
for the treatment by collectors of customs of dutiable books,
newspapers, &c., imported in the mails from
[Page 934]
foreign countries, copies of the following
documents are, by direction of the Postmaster-General, annexed hereto,
viz:
- 1.
- Treasury circular No. 61, relative to newspapers imported
through the mails.
- 2.
- Letter from the Acting Secretary of the Treasury to the
Postmaster General, dated August 28, 1878, inclosing copy of
letter addressed to the collector of customs at New York, under
date of August 24, 1878, prescribing limitations under which
importations of dutiable books and newspapers may be made
through the mails.
- 3.
- Letter from the Secretary of the Treasury to the
Postmaster-General, dated September 2, 1878, in explanation of
the Treasury rules which permit custom officers to exercise a
discretion as to admitting free of duty any articles of
merchandise which have not a dutiable value of over one
dollar.
It should also be stated that, as any article whatever subject to customs
duties is by the provisions of the general postal union treaty declared
to be unmailable, any unsealed packet received from countries of the
postal union, which is pronounced by officers of the customs to be
subject to customs duties, is returned immediately to the country of
origin through the post-offices of exchange.
JOSEPH H. BLACKFAN,
Superintendent.
