611.5131/610b: Telegram

The Secretary of State to the Chargé in France (Whitehouse)

315. Your 380, October 1, 11 a.m.96 By direction of the President, you are instructed to present the following aide memoire:

“The Government of the United States has carefully examined the aide-memoire of the French Government of September 30, and is [Page 692] gratified to learn that the French Government has never contemplated a treaty of reciprocity such as would be inconsistent with American law.

The French Government calls attention to Section 315 of the Tariff Act of 1922, which authorizes the change of tariff rates when warranted by findings of fact as to costs of production. The Government officials of the United States have always gladly facilitated in every possible way any investigation authorized under the terms of said Section 315.

Furthermore, since the Government of the United States has every desire to facilitate commercial intercourse between the United States and France, it will gladly give prompt and careful attention to the matter of ‘facilities’ to French commerce which the French Government considers may be granted under existing American law, if the French Government will indicate specifically what it has in mind.

The Government of the United States can, of course, give no definite assurances at this time as to the nature of the outcome of such reexamination under Section 315 of existing tariff rates or reconsideration of existing regulations; nor does it feel that the negotiation or conclusion of a permanent commercial treaty between the two countries should be made dependent upon the conclusion of such investigations, which from their nature may take some time, nor upon their outcome.

On the other hand, however, the Government of the United States once more calls attention to the material difficulties which French discriminations oppose to American trade. The volume of exports that has been actually entering France in spite of discriminations does not fully measure their injury, since a much larger proportion of French imports of many classes of goods would be derived from the United States were there no discriminatory handicaps favoring competing exporters of third countries.

Notwithstanding the seriousness of the many discriminations against American commerce under the French Tariff Schedules and Customs Law existing prior to the Decree of August 30, 1927, the consideration of which the United States is willing to leave for the actual treaty negotiations, the Government of the United States feels that, pending the negotiations, the American products to which the general or discriminatory rates of the tariff measure of August 30, 1927, have been applied, should at once be given the minimum rates of duty of the French Tariff.

The French Government states that certain sanitary and other regulations of the American Government interpose obstacles to agricultural exports from France. The regulations to which it is understood reference is made are imposed to safeguard American plant and animal life against the introduction of pests which might do great harm. With respect to this matter, it may be observed that France also imposes regulations which it considers necessary for the safeguarding of its important interests, and that these regulations cause interference with American exports. The Government of the United States will be glad to examine in the most friendly spirit whatever complaints under this head the French Government may submit, assuming of course that the French Government will likewise examine the complaints of American exporters which it will submit.

[Page 693]

Inasmuch as the aide memoire of September 30 gives ground for the belief that there is a suitable common basis for treaty negotiations, the Government of the United States refrains from entering into controversy regarding the numerous points raised in the aide memoire, with respect to which the position of the United States is fully reserved.

The United States has sought no controversy; it merely asks that its products be accorded equality of treatment with those of its competitors in the French market, just as they are in Germany and in practically every other country in the world.

Observing the declaration of the French Government that it has envisaged for the United States the granting of general and unconditional most-favored-nation treatment provided that certain conditions and facilities which the French Government considers to be consistent with existing American law are accorded to the commerce of France, the Government of the United States confidently hopes that treaty negotiations, which it is prepared to press as rapidly as possible, will result before long in the conclusion of an agreement regulating the commercial relations of the two countries on a basis in full harmony with their long history of friendly association.”

In presenting the foregoing to the Foreign Office, please make clear that the Department hopes for prompt reply.

Kellogg
  1. Not printed; it transmitted the text of the French aide-mémoire of September 30 printed on p. 682.