Melville Fuller

“ The opinion of the general appraisers stated that 'it was admitted that there were bags of foreign manufacture and of American manufacture, all indiscriminately mingled together, no attempt being made, on entry or afterwards, to separate from these enormous totals of goods of the same class those claimed to be relieved from duty, accompanied by the proof establishing such indulgence.' The examiner testified that he 'in some cases examined every bale of the whole entire invoice' ”

“ The general policy of the law is indicated in the statutory requirements that, where goods of different qualities or different values are mingled, or are composed of material of different values, the highest rate of duty shall be imposed, as in the familiar instances of the classification of articles composed of two or more materials, at the rate of duty charged on the component material of chief value ”

“ These instructions are to be considered as applicable only to such bales as contain so large a proportion of woolen rags as to render it worth while to collect a duty. Forty per cent. of woolen rags is, however, much too large a percentage to be allowed entry as free goods.'
Again, in July, 1890, it was held by the treasury department that where cargoes of anthracite and bituminous coal were imported, so mixed as to render it impracticable to separate the free from the dutiable coal for the purpose of the accurate weighing of each kind, the whole cargo should be treated as dutiable. ”

“ And, as before observed, if the importers believed that they had sustained injury because more bales were not opened, they should have applied for a re-examination, and they might have produced evidence before the board of general appraisers to maintain their claim that the bags were American-made, notwithstanding the return of the examiner and the report of the appraiser, or they might have protested on the ground that the duty should have been levied only on part thereof, and tendered evidence to support that contention. ”