Base  bullion  containing  85  per  cent  of  lead  and  15  per  cent  of  nondutiable  metals,
or  impurities,  dutiable  at  rate  of  2J  cents  per  pound  under  paragraph  182,  act
of  1897,  on  gross  weight.     (T.  D.  20284;  November  4,  1898.)

Base  bullion  in  bars,  containing  gold,  silver,  lead,  and  small  quantities  of  other
metals,  is  not  dutiable  under  paragraph  166,  act  of  1894,  covering  "lead  in  pigs
and  bars,  molten  and  old  refuse  lead  run  into  blocks  and  bars,  and  old  scrap
lead  fit  only  to  be  remanuf actured, "  which  includes  only  commercially  pure
lead;  nor  is  it  dutiable  directly  under  paragraph  165  of  said  act,  covering  "lead
ore  and  lead  dross,  *  *  *  silver  ores  and  all  other  ores  containing  lead,"
since  it  is  not  dross  or  an  ore;  but  by  virtue  of  the  provisions  of  section  4  of
said  act  it  should  be  classified  under  said  paragraph  165  at  the  rate  of  three-
fourths  of  1  cent  per  pound  on  the  lead  contained  therein,  being  similar  in
material  to  the  ores  containing  lead  provided  for  in  that  paragraph. — In  order
to  obtain  the  benefit  of  the  similitude  clause  (section  4,  act  of  1894),  it  is  not
necessary  that  the  importer  should  expressly  refer  to  it  in  his  protest.  It  is
sufficient  if  he  claims  the  merchandise  to  be  dutiable  under  the  proper  para-
graph of  the  tariff  act,  without  expressly  invoking  the  aid  of  this  particular
provision. — In  re  Guggenheim  Smelting  Company  (112  Fed.  Rep.,  517;  50
C.  0.  A.,  374)  followed.     (T.  D.  23852— G.  A.  5171;  July  2,  1902.)

Basic  slag.
