[1878.—Department No. 61. Secretary’s
Office.]
newspapers imported through the
mails.
Treasury Department,
Washington,
D. C., June 18,
1878.
To Collectors of Customs and
others:
In view of the difficulty of collecting the small amount of duties
accruing on newspapers forwarded in packages to the United States by
post from foreign countries, and of the delay attending their delivery
by the customs authorities, it is directed that unsealed packages of
newspapers from foreign countries, not exceeding in weight one thousand
(1,000) grams (2 pounds 3 ounces), may be delivered to the persons to
whom they are addressed, at the post-offices, without detention by the
officers of the customs, provided the postal authorities at the United
States exchange-offices where such packages are received from abroad,
declare that the papers consist of newspapers or of periodicals entitled
to pass in the mails as newspapers.
Treasury
Department,
August 28,
1878.
Sir: Referring to the letters of this
department, addressed to you under dates of October 15, 1877, and
January 10, 1878, in regard to the importation of newspapers and
books through the mails, I have the honor to inclose for your
information a copy of a letter addressed by this department to the
collector of customs at New York, under date of the 24th instant,
prescribing limitation under which such importations may be made in
the manner mentioned.
Very respectfully,
JOHN B. HAWLEY,
Acting
Secretary.
Hon. David M. Key,
Postmaster General.
[Copy of letter from the Secretary of the Treasury to the
collector of customs at New York, inclosed with above
letter.]
Treasury
Department,
Office of the
Secretary,
Washington, D. C., August 24, 1878.
Collector of Customs, New
York:
Sir: Your letter of the 25th of June last
was duly received, in which you refer to circular of this department
No. 61, of June 18, 1878, relative to the transmission through the
mails free of duty, from foreign countries, of packages of
newspapers and periodicals not exceeding the maximum Weight of two
pounds and three ounces.
You state that no limitation is made by such circular to the number
of packages of newspapers which may be delivered; nor is there any
discrimination made between papers received as merchandise by
dealers, and those for personal use or by subscribers.
[Page 935]
In reply thereto I have to state that such circular was intended to
relieve from the exaction of customs duties newspapers and
periodicals intended mainly for the personal use of the party to
whom they were addressed. Such circular was not intended, and should
not be construed, to confer any privileges whatever upon dealers in
newspapers and periodicals, or other parties importing such
newspapers or periodicals as merchandise for trade or profit.
It is therefore directed that where quantities of newspapers and
periodicals imported through the mails are directed to any person
presumably a dealer in such articles, such articles shall be
considered as not within the scope of circular No. 61, but should be
returned to the foreign country from which they came, as
non-mailable matter.
I have further to state that complaints have been made to this
department that books in large quantities, addressed to dealers,
have been imported through the mails, free of duty, under the
supposed authority of this department. In a letter addressed by this
department to the Postmaster-General under date of October 15, 1877,
it was stated that books imported through the mails, not exceeding
one dollar in value, might be regarded as exempt from duty. This
limitation, however, is one to be exercised within the discretion of
the collector of customs, and the Postmaster-General was so
informed, under date the 10th of January, 1878. (See circular of
June 6, 1878.)
You will hereafter decline to permit delivery of books imported
through the mails which, from the quantity or other circumstances,
are presumably intended for the use of any other person than to whom
they are addressed, or as merchandise; and in no instance will the
use of the mails be permitted to enable parties to import articles
of merchandise which should be properly treated as subject to duty
under the customs-revenue laws; and books in the latter case, as in
the case of newspapers and periodicals, should be returned to the
foreign country from which they came, as nonmailable matter.
Very respectfully,
JOHN B. HAWLEY, Acting
Secretary
Treasury Department,
September 2, 1878.
Sir: Referring to the letter of this
department, addressed to you under date of the 28th ultimo,
transmitting for your information a copy of a letter addressed to
the collector of customs at New York, on the 24th ultimo, relative
to the importation of books through the mails, I have the honor to
inform you that, as a rule, it maybe stated that no books are exempt
from customs duties because of their importation through the mail,
and that this mode of transmission confers no rights upon books
other than those which attach when imported in the ordinary
manner.
The general rules of this department permit customs officers to
exercise a discretion as to admitting free any articles of
merchandise which have not a dutiable value of over one dollar, and
this applies to books as well as to other articles, whether coming
through the mails or otherwise.
It may be presumed, however, that such discretion 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.
Very respectfully,
Hon. David M. Key,
Postmaster-General.
