schedules existing at the time of importation is granted to importations the product of the soil or industry of the Republic of Cuba.

By Article VIII of that Convention such reduction of duties is declared to be preferential in respect to all like imports from other countries. (Chapter XXXV, Section 2.)

Preferential treatment is also bestowed upon importations from the Philippine Islands by Paragraph C of Section IV of the Tariff Act of October 3, 1913. (Chapter XXXV, Section 4.)

Special Duties

SEC. 10. Special duties are those imposed under so much of the Act of September 8, 1916, as provides:

"That if any article produced in a foreign country is imported into the United States under any agreement, understanding, or condition that the importer thereof or any other person in the United States shall not use, purchase, or deal in, or shall be restricted in his using, purchasing, or dealing in, the articles of any other person, there shall be levied, collected, and paid thereon, in addition to the duty otherwise imposed by law, a special duty equal to double the amount of such duty: (Chapter XLII, Section 2.)

Ad Valorem Duties

SEC. 11. Ad valorem duties are those assessed upon imported merchandise at a given rate per cent. upon its appraised, or dutiable value.

Specific Duties

SEC. 12. Specific duties are those chargeable upon imported merchandise by quantity, weight or measure, without regard to value.

Mixed or Compound Duties

SEC. 13. Where imported merchandise is subject to both ad valorem and specific duties, the duties so chargeable are said to constitute mixed or compound duties. The Tariff Act of October 3, 1913, provides for the assessment of ad valorem duties, specific and mixed duties.

CHAPTER XIII.

TARIFF CLASSIFICATION.

Commercial Designation

SEC. 1. Tariff schedules are usually so framed as to place certain specified articles on the dutiable list, while others are designated as entitled to entry free of duty, when imported into the United States from foreign countries. As such schedules therefore necessarily deal with commerce, it has become well established:

That for the purpose of tariff classification the commercial designation of the article imported is controlling.

That the commercial designation has reference to its designation as bought and sold in the usual wholesale trade of this country at the time the Tariff Act under consideration became operative.

That the commercial designation is prevailing over botanical, chemical or scientific designations. That the commercial designation must be the result of established usage in commerce and trade, and that such usage must be definite, uniform and general, and not partial, local or personal.

That in the absence of commercial designation the common meaning of the words is controlling.

That where a foreign commercial or trade designation is well known in the United States and no different appellation exists in domestic use here the foreign designation is controlling.

Use

SEC. 2. Tariff Acts frequently contain provisions such as "chiefly used for," "commonly or generally used for," "fit only for use as," "suitable for," etc. Such designations have been very prolific sources of litigation, as a wide field for the introduction of evidence is presented thereby. As to such designations it is well established:

That in determining the chief use more attention is to be given to the course of trade in the original distribution of the goods among those who import them than to the guesses of individuals as to the various uses to which the articles may be put by individual consumers That the use has reference to the use at the time the Tariff Act involved became operative, and that it contemplates an actual use; where, however, the use of an article determines its classification, new uses to which the article becomes adapted in the progress of manufacture and in the development of new industries may operate to change the classification which has previously prevailed.

That the chief or predominant use is that use which in ordinary language is so called and is controlling, although the article may be, commonly, generally and practically, and not merely exceptionally, used for other purposes.

That where an article can be used for various pur

poses, but has become known to commerce by a trade name, the outgrowth of use in one particular industry, its commercial designation is controlling.

That where an article is claimed to be fit for use as it is not sufficient to show that the article is fit for such use; but that it is commonly used for that purpose. On the other hand, where it is claimed that an article is exclusively fit for use for a specified purpose it must be shown beyond a reasonable doubt that it is not adaptable for other uses.

That an article is suitable for certain specified purposes if it is practically fit or appropriate for such use as indicated by the common experience of those engaged in the particular industry.

Manufactures

SEC. 3. In the framing of tariff schedules provision is frequently made for the assessment of duties on “manufactures of," "manufactures composed wholly or in part of," "manufactures composed wholly or in chief value of," etc. It is well settled:

That the term manufacture as used in the tariff comprehends an article of commerce upon which labor has been expended for the purpose of creating a new and different article. having a distinctive name, character and use other than that pertaining to the article from which produced.