B-29216, JAN. 25, 1965

B-29216, JAN. 25, 1965

TO THE HONORABLE BEN DORFMAN, CHAIRMAN, UNITED STATES TARIFF COMMISSION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1965, ENCLOSING A COPY OF THE "AMERICAN METAL MARKET," AND REQUESTING OUR DECISION AS TO WHETHER IT IS TO BE CONSIDERED A NEWSPAPER WITHIN THE MEANING OF "NEWSPAPER" AS SET FORTH IN OUR DECISION OF SEPTEMBER 26, 1942, 22 COMP. GEN. 338.

THE DEPARTMENTS OF STATE, JUSTICE AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION ACT, 1965, APPROVED AUGUST 31,1964, PUB.L. 88-527, 78 STAT. 711, 733, LIMITS THE AMOUNT THAT THE TARIFF COMMISSION CAN EXPEND FOR SUBSCRIPTIONS TO NEWSPAPERS TO $300. YOU STATE THAT ONE SUBSCRIPTION TO THE "AMERICAN METAL MARKET" COSTS APPROXIMATELY $30 A YEAR, AND IT IS DESIRABLE TO HAVE SEVERAL COPIES AVAILABLE BECAUSE ITS CONTENTS ARE OF CONSIDERABLE VALUE TO YOUR TECHNICAL EXPERTS. ALSO, YOU STATE THAT IF THE COST OF SEVERAL SUBSCRIPTIONS TO THE "AMERICAN METAL MARKET" IS CHARGED TO YOUR $300 LIMITATION, IT WOULD LIMIT YOUR PURCHASE OF OTHER REQUIRED ,NEWSPAPERS.'

THERE DOES NOT APPEAR TO BE ANY REASON TO ASSUME THAT THE WORD "NEWSPAPER" AS USED IN THE ABOVE-CITED ACT WAS NOT USED IN ITS COMMONLY ACCEPTED MEANING. IN 22 COMP. GEN. 338, REFERRED TO IN YOUR LETTER, IT WAS HELD THAT THE WORD "NEWSPAPERS" AS USED IN SECTION 6 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1943, 56 STAT. 422, INCLUDED CERTAIN DAILY LEGAL PUBLICATIONS WHICH, WHILE CONTAINING MATTERS PRIMARILY OF INTEREST TO THE LEGAL PROFESSION, ARE PUBLISHED IN THE FORM, STYLE, AND APPEARANCE OF NEWSPAPERS WITHIN THE COMMONLY ACCEPTED MEANING OF THAT WORD, AND WHICH ARE HELD OUT BY THE PUBLISHERS, AND REGARDED BY THE COURTS, AS NEWSPAPERS FOR THE PUBLICATION OF NOTICES REQUIRED BY LAW OR RULES OF COURT TO BE SO PUBLISHED. IN ADDITION, IN DECISION OF APRIL 25, 1946, 25 COMP. GEN. 734, WHEREIN THERE WAS CONSIDERED THE STATUS OF RIETY," A PUBLICATION DEVOTED PRIMARILY TO THE PRINCIPAL FIELDS OF ENTERTAINMENT, IT WAS HELD AS FOLLOWS:

"IT APPEARS FROM THE FOREGOING THAT, WHILE THE COURTS HAVE RECOGNIZED THE DIFFICULTY OF LAYING DOWN A RULE OF DISTINCTION BETWEEN NEWSPAPERS AND OTHER PUBLICATIONS FOR APPLICATION IN ALL CASES, YET THERE IS UNANIMITY IN THE OPINION THAT WHERE THE PUBLICATION CONTAINS GENERAL AND CURRENT NEWS THE CIRCUMSTANCES THAT SUCH NEWS IS RESTRICTED TO A PARTICULAR SUBJECT MATTER OR IS OF A NATURE THAT PERHAPS IS OF INTEREST ONLY TO A PORTION OF THE PUBLIC IN GENERAL DOES NOT SERVE TO REMOVE THE PUBLICATION FROM CLASSIFICATION AS A NEWSPAPER. SO FAR AS CONCERNS "VARIETY," THE PUBLICATION HERE INVOLVED, IT APPEARS TO BE DEVOTED EXCLUSIVELY TO NEWS AND INFORMATION CONCERNING THE PRINCIPAL FIELDS OF PRESENT-DAY ENTERTAINMENT--- MOTION PICTURES, MUSIC, THE STAGE, AND RADIO--- AND CONTAINS ADVERTISING, CRITICAL REVIEWS, BUSINESS REPORTS, ETC., RELATING THERETO WHICH, WHILE DESIGNED TO ESPECIALLY APPEAL TO, OR SERVE THE INTEREST OF, THOSE WHO ARE PROFESSIONALLY ENGAGED OR FINANCIALLY INTERESTED IN THOSE ACTIVITIES, NONETHELESS ARE, TO A CONSIDERABLE EXTENT, NEWS AND INFORMATION OF A GENERAL AND CURRENT NATURE SUCH AS MAY BE FOUND IN THE ORDINARY NEWSPAPER. THEREFORE, AND APPLYING THE RATIONALE OF THE DECISIONS OF THE COURTS AND THE ACCOUNTING OFFICERS ABOVE REFERRED TO, I AM CONSTRAINED TO HOLD THAT THE INSTANT PUBLICATION IS A NEWSPAPER WITHIN THE MEANING OF THE LIMITATION CONTAINED IN SECTION 106, SUPRA, AND, SUCH BEING THE CASE, THAT IT MAY NOT BE PURCHASE WITHOUT REGARD THERETO.'

ALSO, SEE OUR DECISIONS OF AUGUST 14, 1942 (22 COMP. GEN. 146) AND SEPTEMBER 2, 1942, B-27628, TO ONE OF YOUR PREDECESSORS.

AS STATED IN YOUR LETTER, THE "AMERICAN METAL MARKET" BEARS THE HEADING "THE ONLY DAILY NEWSPAPER OF THE METAL INDUSTRIES.' ALSO, IT IS PUBLISHED IN THE FORM, STYLE, AND APPEARANCE OF A NEWSPAPER AND CONTAINS A GENERAL NEWS SECTION, EDITORIAL SECTION, AND NUMEROUS ADVERTISEMENTS. WHILE IT IS DEVOTED PRIMARILY TO NEWS AND INFORMATION OF INTEREST TO BUSINESSMEN ENGAGED IN OR OTHERWISE INTERESTED IN THE METAL INDUSTRIES, NEVERTHELESS, HERE IS CONTAINED THEREIN NEWS AND INFORMATION OF A GENERAL AND CURRENT NATURE SUCH AS MAY BE FOUND IN THE ORDINARY NEWSPAPER.

IN VIEW OF THE FOREGOING, THERE APPEARS TO BE NO PROPER BASIS FOR HOLDING THAT THE "AMERICAN METAL MARKET" IS NOT A NEWSPAPER. THEREFORE, THE COST OF SUBSCRIPTIONS TO IT ARE CHARGEABLE TO THE $300 LIMITATION THAT THE TARIFF COMMISSION CAN EXPEND FOR NEWSPAPERS.