Sir Julian
Pauncefote to Mr. Gresham.
Washington, April 1,
1895.
Sir: With reference to your notes, Nos. 31 and
34, of the 16th and 20th of February respectively, relative to the
customs duties levied on boom logs, I have the honor to forward
herewith, for the information of your Government, copy of an approved
minute of the Canadian privy council, submitting copy of an order in
council of the 2d instant granting free entry to booms imported into
Canada from the United States, for the purpose of towing logs of
Canadian growth to the United States, from the 28th of August last, for
such time as the United States Government permit the free entry of
Canadian-made booms.
I have, etc.,
[Inclosure.]
Extract from a report of the committee of the
honorable the privy council, approved by his excellency on the
25th of March, 1895.
The committee of the privy council have had under consideration a
dispatch, hereto attached, dated February 21, 1895, from Sir Julian
Pauncefote, in reference to the question submitted through him to
the United States authorities, asking for information in regard to
customs duties levied by them upon booms.
The minister of trade and commerce, to whom the question was
referred, observes that the answer given to the inquiry, as
contained in the dispatch in question, while ruling such booms to be
free, bases the ruling upon entirely different grounds from those
contended as applicable by the parties who have been seeking for a
decision from the Canadian Government, under which such booms and
fastenings might be admitted free into Canada.
The minister further observes that Canada has already taken action by
authorizing free admission of such booms so long as the United
States Government permits the free entry of Canadian-made booms,
sticks, and chains, as per order in council of March 2, 1895, hereto
attached.
The committee, on the recommendation of the minister of trade and
commerce, advise that your excellency be moved to forward a
certified copy of this minute and its appendices to Her Majesty’s
ambassador at Washington, with the request that he will advise the
United States Government of the action taken by the Canadian
Government in connection with this matter.
All which is respectfully submitted for your excellency’s
approval.
John J. McGee,
Clerk of the Privy Council.
[Page 702]
[Subinclosure 1.]
Order in council.
Government House, Ottawa, March 2,
1895.
Present, His Excellency, the Governor-General in council.
His Excellency, under the authority conferred upon him by section 78
of the consolidated audit and revenue act, and by and with the
advice of the Queen’s privy council for Canada, is pleased to order
that booms, consisting of sticks and chains, when imported into
Canada from the United States for the purpose of inclosing,
confining, or towing to the United States logs or timber of Canadian
growth, be so imported free of customs duty, such exemption to date
from the 28th day of August, 1894, and to continue in force so long
as the United States Government permit the free entry of
Canadian-made booms (sticks and chains).
John J. McGee,
Clerk of the Privy Council.
[Subinclosure 2.]
Sir Julian
Pauncefote to the Earl of
Aberdeen.
Washington, February 21,
1895.
My Lord: With reference to your
excellency’s dispatch, No. 3, of the 23d ultimo, asking for
information in regard to the customs duties levied by the United
States authorities upon booms of rough timber used for the purpose
of confining logs while being towed into the harbors of this
country, I have the honor to state that I have received a
communication from Mr. Gresham informing me that the Secretary of
the Treasury, to whom your excellency’s inquiry was referred, has
sent a reply to the following effect:
“Booms constructed from rough timber or logs flattened at the ends,
through which holes are bored for the iron or steel chains or other
fastenings to pass which hold them together and which form a part
thereof, are entitled to free entry as analogous to vessels
containing cargoes; and the chains and fastenings are regarded by
similar analogy as part of the necessary equipment.
“Should, however, such chains or fastenings be landed they would be
classified as merchandise subject to duty.”
I have, etc.,
P. S.—Since writing the above I-have received further information
on this subject, which I hope to have the honor of transmitting
to your excellency shortly.
