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· 3/6/1917

Five Per Cent. Discount Cases

Citations

  • 243 U.S. 97
  • 37 S. Ct. 346
  • 61 L. Ed. 617
  • 1917 U.S. LEXIS 2098

Syllabus

<p>Section IV, paragraph J, subsection 7, of the Tariff Act of October 3, 1913, c. 16, 38 Stat. 114, 196, after declaring that a discount of five per centum on all duties imposed by the act shall be allowed on such goods as shall be imported in vessels admitted to registration under the laws of the United States, adds, by way of proviso, “that nothing in this subsection shall be so construed as to abrogate or in any manner impair or affect the provisions of any treaty concluded between the United States and any foreign nation.” Held, .that the grant of the discount is confined to goods in American bottoms, and the effect of the proviso is to respect the treaty privileges with which such a grant would be in conflict, not by extending the grant to goods borne in foreign vessels, but by suspending the grant entirely while such privileges exist.</p>

Judges: Holmes

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