Mr. White to Mr. Sherman.

No. 377.]

Sir: Referring to my dispatch No. 362, of the 31st ultimo, I have the honor to inform you that a note has to-day been received from the Imperial foreign office, in reply to my notes of February 26 and March 10 (see dispatches Nos. 313 and 327, respectively), and inclosing copies, two of which are transmitted herewith, of the decree of the Prussian minister of finance of March 16, in regard to the customs treatment of American fruit waste (skins and cores) imported into Germany.

In this note an explanation is given of the delay in answering my communications on the subject, in that it is stated that upon the receipt of my notes the appropriate officials were informed of their contents, and that these officials caused far-reaching investigations to be made by experts, the result of which was that it was found advisable to issue the order (of March 16) according to which fruit waste could be admitted to Germany without examination only when it was perfectly dry, hard, and brittle, and could be reduced to powder by being rubbed between the hands. In this note reference is made to the fact that there is more probability of the “San Jose scale” being introduced by this waste than in any other way, as it consists of the [Page 330] skins and cores, upon which the scale is to be found if present in the fruit, particularly in the hollows at the cup and stem of the apple.

It is also stated that in drying the fruit, whether in the open air or artificially, the temperature to which it is subjected is not sufficiently high to insure the destruction of the insect, and that it is clear that the fruit waste has not been subjected to as high a temperature as 90-100° Celsius, from the fact that the cellular construction of the core is shown not to have been affected, and that moisture has been found in both skins and cores. It is also stated that although the boxes, etc., are only opened in order to empty them into the boiling kettle immediately afterwards, it is impossible to be so careful that no particles of the waste may not fall to the ground and be carried out into fields, etc., as rubbish, and here reference is made to Bulletin No. 3, new series, pages 49 and 74, of the Department of Agriculture, Division of Entomology, and to the American reports, to show that trees have become infected where no new planting has been done and where the only explanation is that refuse fruit has been thrown away from passing trains. It is also stated that the boxes or sacks in which the fruit is imported might be put to subsequent uses, such as for the packing of potatoes, and that in this way infection might be carried into the country.

In view of all this, the conclusion is reached that in the sense of the Bundesrath’s decree of February 5 (dispatch No. 279), fruit waste, unless absolutely dry, must be treated like fresh fruit, although it is imported and duty is paid upon it according to section 25, page 2, of the tariff, in which is included, however, not only dried fruit, but also all fruit which has been in any way “prepared” before its importation.

Under these circumstances, unless there should be further developments, I shall await instructions from the Department before taking further action in this matter.

I am, etc.,

And. D. White.