Hon. William H. Seward, Secretary of State, Washington, D. C.
A.
Prince Kung to Mr. Williams
[Translation.]
December 29,
1867, (Tungchi, 6th
year, 12th moon, 4th day.)
Prince Kung, chief secretary of state for foreign affairs, herewith
makes a communication:
In the month of August, last year, Mr. Fitzroy, the acting inspector
general of customs, made a representation to the Foreign Office
concerning the article of tea-dust, showing that it is so much
inferior to the genuine article that when the same duty is levied on
them both an exorbitant charge is made on the dust; he therefore
requested that a modification might be made in respect to the rate
of duty to be charged on the two qualities.
It so happened that in June last the firm of Messrs. Dent & Co.
exported 591 peculs of tea from Hankow under the false designation
of tea-dust, on which they paid only half the regular duty. When it
reached Tientsin the customs ascertained that the goods did not
agree with the description, and therefore they were compelled to
disallow the reduction, lest there should great confusion and
disorders arise. Instructions were therefore sent to the
superintendent of commerce for the northern ports to levy the full
duty according to the tariff, which was done.
In January last, Mr. Hart, the inspector general, reported that as
Messrs. Dent & Co. had misrepresented this lot of produce to be
tea-dust, as had been proved by the commissioner of customs at
Tientsin, they should be required to pay the full duty on it; but
the article of tea-dust being in reality inferior in every respect
to good tea, if the same duty continued to be levied on it as on
fine tea, it would be impossible to avoid some inequality and
unfairness. The best way, therefore, would be to diminish the duty
on it in proportion to its value.
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The Foreign Office having ascertained that Messrs. Dent & Co. had
been required to pay up their deficiency of duty, considered that it
was needless to do anything more about this particular case.
In regard to the question whether it was desirable to reduce the duty
on tea-dust, however, it was concluded, first, to send directions to
the two superintendents of commerce to consult upon the question and
await the result of their inquiries. An answer was received from the
northern superintendent of commerce, Tsunghau, last spring, stating
as his opinion that one-half the present duty levied on tea was
sufficient for tea-dust; but as he had not yet received a reply from
his colleague, it was necessary still to delay the decision.
At last, on the 27th ultimo, the dispatch of the southern
superintendent of commerce was received from Shanghai, inclosing the
following report from the intendant of circuit Hankow:
“The article of tea-dust comes almost entirely from the great mart of
Siangtan, in the province of Honan, and consists of the refuse
leaves of black tea left after sifting and sorting; there are coarse
and hard sticks in it, [meaning the stems of the leaves,] but the
most of it is an ashy-like dust, differing altogether from good
leaf-tea, and much inferior.”
Whether, therefore, this article should pay one half the duty levied
on good tea, viz, one tael two mace and five candareens [i. e., $1 74] for every pecul, [of 1331/3
pounds avoirdupois,] or continue to be charged the old rate of two
taels five mace, [i. e., $3 48,] is a point
that can be decided after a full examination of the facts now
produced.
From what this office can learn on the matter, it appears that this
article of tea-dust is a product of Siangtan in Honan; both the
superintendents of commerce clearly represent it to be much inferior
in size of leaf to good tea, and assume that it is not altogether
equitable to demand the full duty of two taels five mace per pecul,
as it interferes with the interests of the merchants. In order
therefore to accord with the request now made, it has been decided
to equalize the duty on this article. Hereafter the tariff on the
article of tea-dust will be: one tael two mace five candareens [1t.
2m. 5c, or $1 74] for every hundred catties, [or 1331/3 pounds
avoirdupois,] when the price does not exceed 15 taels per pecul; for
every pecul that costs above 15 taels, the old duty of two taels
five mace [2 t. 5 m., or $3 48] per pecul will be levied. In this
way a distinct line can be drawn between them, and the same will be
entered in the tariff for constant observance in future.
At the same time that this modification of the duty on tea is made
known to your excellency, I have also notified the northern and
southern superintendents of commerce to inform all the collectors of
customs at the several ports, and directed the inspector-general of
customs too, to observe the same in collecting the duty on this
commodity. It is necessary, however, to guard against all attempts
to simulate the two kinds of tea included in this arrangement; and
as article X of the commercial regulations permits the Chinese
government to adopt what means appear to it best suited to protect
its revenue from suffering loss, orders have also been transmitted
to the collectors and foreign commissioners at the various ports to
co-operate in the strict enforcement of the rules respecting this
article of trade. Every merchant having tea-dust to export must
bring it to the government jetty for examination, and when the duty
on it is paid he can place on board ship. When it is imported, he
must in like manner, before landing it, bring it to the government
jetty to be examined, and pay the duty. If a foreign merchant
falsely reports a lot of real tea Under the designation of
tea-dust—whether it be for export or import, no matter where it is
actually lying—as soon as it is detected the whole quantity shall be
confiscated by the customs to the Chinese government. By this rule
no one can fairly complain of any injustice, and it will moreover
put a stop to all deception and evasion of the law.
I have in the present communication thus informed your excellency of
the reasons for reducing the duty on tea-dust, and the regulation
adopted for strictly carrying out its observance, and have now to
request that you will make the same known to the merchants of the
United States at the several ports.
His Excellency S. Wells Williams, United States Charge d’affaires ad
interim.
B.
Mr. Williams to Prince Kung
Legation of the United
States, Peking,
January 2, 1868.
Sir: I have the honor to acknowledge the
receipt of your Imperial Highness’s dispatch of the 29th ultimo, in
which you inform me respecting a modification which has been made in
the article of tea, whereby the tea-dust is separated from the
other, and is hence-forth
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to pay a duty of one tael two mace five candareens per pecul [i. e., $1 74 per 1331/3 pounds avordupois] on
all such as does not exceed 15 taels per pecul in value; but to pay
the same duty as tea whenever its value exceeds 15 tack per pecul;
and that if a foreign merchant falsely reports tea under the
designation of tea-dust, he renders the whole quantity liable to
confiscation.
I have carefully read your Highness’s observations on the principles
which led you to modify the duty by discriminating the article of
tea-dust at a lower rate than tea, in order to benefit the foreign
merchant; and that, to restrain the misuse of the reduction, all tea
which is palmed off by him as tea-dust is thereby rendered liable to
confiscation. This arrangement appears to be equitable, and
indicates a desire to deal with this commodity so as to remove all
obstacles to its greatest use.
I have accordingly notified the various consuls of the United States
at the ports of this modification, for the information of the
American merchants.
I have the honor to be, sir, your Imperial Highness’s obedient
servant,
His Imperial Highness Prince Kung, &c., &c., &c.