Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 191.
Chen Lan Pin and Mr. Yung Wing to Mr. Evarts.

Chinese Legation,
Washington, September 4, 1880.

Sir: We have the honor to acknowledge the receipt of your two notes dated respectively the 13th and 23d ultimo, relating to questions of tonnage and import dues raised by the arrival of the Chinese steamer Wo Chung at the port of San Francisco, and stating that discriminating tonnage dues and import duties are to be charged on all foreign vessels and their cargoes in all cases except where exemption is secured by treaty stipulations or where special exemption is proclaimed by the President upon evidence being furnished of reciprocal exemption being accorded to vessels of the United States, pointing out the statutes of the United States governing the subject and inquiring of us whether we are prepared to support our request in our note of the 9th ultimo in behalf of the Wo Chung by giving satisfactory proof in regard to the payment of tonnage dues by American vessels in Chinese ports, in regard to the payment of import duties by American citizens bringing foreign merchandise into China, and in regard to the existence of discriminating duties on cargoes in virtue of their origin.

To these inquiries propounded in your note of the 23d ultimo, we beg leave to reply—

First. No other or higher tonnage dues are exacted in the open ports of China from vessels of the United States than are paid by Chinese vessels or any foreign vessels entering those ports. The tonnage dues were fixed by the treaty of 1858, article 16, at the rate of four mace per ton on vessels of one hundred and fifty tons and upwards. The same rate was, at that time, fixed in the British treaty, article 29, and in the treaty with France, article 22, and the same rate will be found in the subsequent treaties with other powers. No discriminating tax is levied in Chinese ports upon the vessels of any foreign power.

Second. No other or higher duties of import are exacted in China from American citizens importing merchandise thither than are paid by Chinese subjects or the citizens of the most favored power importing the like merchandise into China.

The rates of duties in the open ports were agreed upon in 1858 between the Chinese commissioners and the British plenipotentiary, and they were accepted at the same time by the plenipotentiaries of the United States and France. It is provided in article 15 of the treaty of 1858, that “citizens of the United States shall never pay higher duties than those paid by the most favored nation,” and in article 30, that “should at any time China grant to any nation or the merchants or citizens of any nation, any right, privilege, or favor connected either with navigation, commerce, political, or other intercourse which is not conferred by this treaty, such right, privilege, and favor shall at once freely inure to the benefit of the United States, its public officers, merchants, and citizens.”

Third. No discriminating or additional customs duty is imposed upon merchandise, whether of American or foreign origin, entering the open ports of China in vessels of the United States which is not imposed upon the like goods entering those parts in Chinese vessels or in the vessels of any foreign power.

An examination of the Chinese “maritime and customs regulations” for the treaty ports shows that no discrimination of this kind exists, and that the question of the origin of the cargo coming from a foreign port is not raised. The flag of an American vessel entering a Chinese port, not only covers its cargo, but also entitles it to carry that cargo from each one to every other of all the open ports; and further still, the flag covers the cargo in a chartered Chinese vessel, as will be seen by referring to article 6 of the revised regulations of trade on the Yang-tze-Kiang.

In the recent circular-note of the Tsung-li Yamên it is stated in regard to foreign goods destined for the interior (page 2) that “foreigners must pay duties at each custom-house and taxes as Chinese merchants do.” Again, page 3, it is asserted that such produce has to pay the duties and taxes to which Chinese merchants are liable.”

The principle there is repeatedly asserted (pages 5 and 10) that the foreigner and the native are to be on an equal footing in matters of trade and commerce, and this principle is carefully maintained in the administration of the laws and regulations pertaining to the collection of customs and tonnage dues in Chinese ports.

Permit us here to inquire if complaints have ever reached the United States Government from any of its consuls or from any American citizens in China of discrimination in this regard in favor of Chinese vessels or subjects? It can hardly be, for such discrimination is not knowingly permitted. It finds no lodgment in the treaties, none in the local port regulations, and none in usage.

The steamer Wo Chung, whose expected arrival suggested our note of the 9th ultimo, is now at San Francisco from the open port of Canton, and we learn that she has been charged discriminating duties, both of tonnage and cargo, but we venture to hope, with this statement of facts, that she will be relieved of them by the President’s proclamation.

Accept, sir, &c.,

• CHEN LAN PIN.
• YUNG WING.