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rad . In limine, it is well to set forth the posture of this case as I have it before me for decision. Claimant ap- plied, in 1952, to the Secretary of the Treasury for permission to import the material under the second proviso of §305(a).? The Secretary declined to exercise his discretion for this purpose. In a letter advising claimant's attorneys of this @ecision, the Acting Secretary of the Treasury stated that a Limited exception to the prohibition of §305(a) had been estab- lished by certain cases, but that the exception was ‘limited to @ narrow category of articles and ... applicable to only a epecialised practice of medicine." ‘The Acting Secretary stated that he did not feel that administrative extension of this ex- ception would be justified and that the Department of Justice would be requested to bring fo feiture proceedings "in order 8 asrrigavit of Walter C. Alvarez, M.D., page 5. See also, the affidavit of Karl M. Bowmar:, M.D., page 7. 9 affidavit of Harriet F. Pilpei, member of the firm which ig acting as claimant's attorney, page 3. The proviso reads: "Provided further, That the Secretary of the Treasury may, in his discretion, admit the so-called classics or books of recognised and established liverary or acientific merit, but may, in his Giscretion, admit such classics or books only when imported for noncommercial purposes." 46 Stat. 688 (1930), 19 U.8.C. $1305(a) (1952). I discuss the contention that this provision exhausts the possibilities of allowing the importation of the libelled material infra at sage 21.