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BRIEF SUBMITTED BY WILLIAM B. KLEE, PITTSBURG, PA., RELATIVE TO PHOSPHOR COPPER AND TIN.

Hon. SERENO E. PAYNE,

PITTSBURG, PA., December 3, 1908.

Chairman of the Ways and Means Committee,

Washington, D. C. DEAR SIR: We beg to submit for the consideration of your honorable committee the placing of a duty on phosphor copper and phosphor tin, both manufactured articles.

Raw phosphorus is protected under the present tariff by 18 cents per pound, but phosphor copper and phosphor tin, both manufactured products made from phosphorus and copper and phosphorus and tin, respectively, are on the free list. The manufacture of copper or tin to contain 15 or more per cent of phosphorus is a new industry. A few years ago 5 per cent of phosphorus was the limit. that could be introduced into copper and tin, and as foreign phosphorus can be secured by foreign manufacturers at a considerable reduction over American manufacturers, the latter have been losing trade gradually to foreign manufacturers.

We estimate the domestic capital employed in the manufacture of phosphorus, phosphor copper, phosphor tin, and its allied industries. at over $3,000,000, part of which will be lost or withdrawn from this industry if protection is not given to them. If the present duty is retained on the raw phosphorus without a corresponding duty on the manufactured product it will be a question of but a very short time before the entire American trade will be supplied by European manufacturers. We therefore pray that your honorable body will see fit to give the American manufacturers of phosphor copper and phosphor tin a duty on the phosphorus contents of phosphor copper and phosphor tin equal to the duty on raw phosphorus plus the difference in the cost of European and American labor to manufacture phosphor copper and phosphor tin. To place American manufacturers on a basis whereby they can regain their lost trade the following duty is needed:

Seven cents per pound for 20 per cent phosphor-copper and phosphor-tin.

Five cents per pound for 15 per cent phosphor-copper and phosphor-tin.

Four cents per pound for 10 per cent phosphor-copper and phosphor-tin.

Three cents per pound for 5 per cent phosphor-copper and phosphor-tin.

The following figures illustrate the disadvantages the American manufacturers have, and are based on the latest information of foreign cost, together with the latest cost to manufacture; and in explanation of the following figures would state that it is necessary to introduce 20 per cent of phosphorus in order to secure a manufactured product containing 15 per cent phosphorus and the balance copper; it is necessary to introduce 13 per cent phosphorus in order to secure a manufactured product containing 10 per cent phosphorus, and it is necessary to introduce 6 per cent in order to secure

a manufactured product containing 5 per cent of phosphorus. Figures as follows:

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DEAR SIR: Noting your advertisement of Royal phosphor copper, we would inquire if you are manufacturers of this compound. If not, can you advise us who does make it?

We ask this information so that we may take up the subject of supplying the manufacturer with phosphorus, which we are in position to quote at very advantageous figures at present. Thanking you for reply, and with best respects, we are,

Yours, truly,

GENERAL CHEMICAL CO.,

NEW YORK, April 22, 1907.

608 Philadelphia Bourse, Philadelphia, Pa. GENTLEMEN: Replying to your favor of April 20, I beg to state that Royal phosphor copper is made abroad and I therefore doubt whether you can compete with the manufacturers of phosphorus R. F. LANG.

there.

Yours, very truly,

WATERBURY, CONN., December 23, 1907.

GENERAL CHEMICAL COMPANY,

Moro Phillips Works, Philadelphia, Pa.

GENTLEMEN: For some years we had quite a large sale of phosphorus to the brass-casting shops in the Naugatuck Valley. We find that most of them now are using Royal phosphor copper, 15 per cent purchased from R. F. Lang, 31 Broadway, New York. We would like to be able to regain this trade, and ask if you can give us any

advice in this matter.

Yours, truly,

APOTHECARIES HALL CO.,
L. WILCOX, Secretary.

W. B. KLEE, DAMASCUS BRONZE CO., PITTSBURG, PA., FILES SUPPLEMENTARY BRIEF RELATIVE TO PHOSPHOR TIN AND

COPPER.

Hon. JOHN DALZELL, M. C.,

PITTSBURG, PA., December 28, 1908.

Washington, D. C.

HONORABLE SIR: Acting upon your suggestion, after my hearing on December 4, 1908, before the Ways and Means Committee, to protest to the Treasury Department the importation free of duty of phosphor copper and phosphor tin containing 5 to 15 per cent of phosphorus, whereas phosphor pays a duty of 18 cents per pound, I received the following reply:

TREASURY DEPARTMENT, OFFICE OF THE SECRETARY,
Washington, December 22, 1908.

DAMASCUS BRONZE COMPANY, Pittsburg, Pa.

GENTLEMEN: The department duly received your letter of the 7th instant, in which you take exception to the practice at the port of New York in admitting free of duty phosphorized copper and phosphorized tin containing from 5 to 15 per cent or more of phosphorus.

The collector of customs at the port mentioned states, in a letter dated the 17th idem, that it is his practice to classify "phosphorized tin" under paragraph 683 of the tariff act, which provides for "tin in bars, block, pigs, or grain or granulated," by virtue of the decision of the Board of United States General Appraisers of May 21, 1903 (G. A. 5342, T. D. 24442), and to classify "phosphorized copper" as free of duty under paragraph 533 of the said act, as a "composition metal of which copper is the component material of chief value."

In view of the express provision of paragraph 533 that all composition metal of which copper is the component material of chief value shall be admitted free of duty, it is clear that the phosphorized copper in question can only be excluded from free entry under paragraph 533 where the phosphorus is the element of chief value.

As to the phosphorized tin, the department is of the opinion that, regardless of the percentage of phosphorus, the merchandise is properly free of duty under paragraph

683 so long as the article has not lost its identity as tin, and accordingly approves the practice of the port of New York in the classification of the merchandise under conBideration.

Respectfully,

JNO. REYNOLDS, Assistant Secretary.

In view of this ruling may we ask for your assistance in having the new tariff law changed so as to protect the American manufacturers of phosphor copper and phosphor tin by adding to paragraph 683 the words "excepting copper containing 3 per cent or more of phosphor," and by adding to paragraph 533 the words "excepting tin containing 3 or more per cent of phosphor," and the placing of each of these manufactured products on the protected list, as suggested by my briefs submitted to the Ways and Means Committee December 4, 1908. As the law now stands it is incongruous, as we come in competition with European phosphor copper, the phosphorus costing them about 20 cents per pound, admitted free of duty when manufactured into phosphor copper and phosphor tin, but are obliged to purchase either higher priced protected American phosphorus or purchase European phosphorus and pay a duty of 18 cents per pound. Thanking you for any assistance you may render us in this matter. we remain,

Respectfully, yours,

DAMASCUS BRONZE CO.,
W. B. KLEE, President.

SCHEDULE D.

WOOD AND MANUFACTURES OF.

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