611.5131/683

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

No. 7999

Sir: I have the honor to enclose a copy of the French text of the note of November 2, 1927, from the French Government, concerning the situation raised by the new French tariff and the proposed negotiations for a commercial treaty, together with the Embassy’s translation thereof as transmitted in my telegram No. 427, November 2, 8 p.m.1

I have [etc.]

Sheldon Whitehouse
[Enclosure—Translation]

The French Ministry for Foreign Affairs to the American Embassy

The French Government has taken note with satisfaction of the aide-memoire which the Embassy of the United States presented to it on October 24, 1927.2 It is happy to find therein the assurances by virtue of which it can shortly open negotiations for a permanent treaty and grant to the products of the United States, pending these negotiations, the provisional regime on which the experts of the two countries have just agreed.

In order to avoid any lack of precision and misunderstanding with respect to these assurances, the French Government feels it opportune to recall them, indicating at the same time its interpretation thereof:

1.
The Government of the United States agrees that its Tariff Commission may, in conformity with the procedure governing inquiries as to cost of production initiated by the application of Section 315 of the Tariff Act, receive claims presented by any person, corporation or association, or in their name. The American Government is likewise disposed to transmit to its Tariff Commission requests submitted to it by the French Government in the name of its producers and consumers.
2.
The Government of the United States declares itself prepared to examine in the most friendly spirit all claims submitted by the French Government concerning regulations of a sanitary nature affecting agricultural and pharmaceutical products, as well as all other import formalities in which are included the conditions and methods of passing [Page 699] merchandise through the customs. The French Government, moreover, assures the Government of the United States that it will examine with the same good will the claims of American exporters which may be submitted to it by the American Government.
3.
The French Government takes note with particular satisfaction of the assurance of the Government of the United States that no investigation will henceforth be made by the representatives of the American Government upon French territory involving the examination of books and private documents belonging to French producers, manufacturers, or businessmen. The French Government believes that in lieu of these investigations the American Tariff Commission will be willing to take into due consideration any communication relating to the cost of production of French products which may be sent to it by the French Government or transmitted under its responsibility.
4.
The French Government does not feel it necessary, with respect to the suppression of the countervailing duties recently put into force by the American Treasury Department by way of carrying out the Law of 1922, to ask for other assurances than those contained in the American note of October 24th and which the French Government interprets as promising a return to the situation existing prior to that which was created by the French Decree of August 30th. It would indeed not be equitable that, the United States being restored to a situation more favorable than that which existed prior to September 6th last, French products should not regain all the advantages which they previously enjoyed.

As soon as the Government of the United States shall have been good enough to declare that no divergence exists concerning the questions hereinabove restated, the French Government will immediately put into application by decree the provisional regime resulting from the agreement of the experts. The French Government desires to point out that this provisional regime constitutes a distinct gain for the United States since, as a result, the most-favored-nation treatment will be granted to 471 American products of especial importance which heretofore were subject to intermediary duties and since for all the other American products affected by the Decree of August 30th the former discrimination is reduced to such an extent that in many cases it is no longer appreciable.

When the provisional regime shall have been thus established, the French Government is ready to take up the negotiation of the treaty of commerce without awaiting the results of the investigations and deliberations relative to Points 1 and 2 above set forth, but, as obliged by its legislation, the French Government must again point out clearly that the conclusion of the treaty could not take place before the result of these investigations and deliberations are known to the French Government and allow it to judge from the situation created for French exportation to the United States the terms which it itself can extend to American products imported into France.

  1. Telegram not printed.
  2. See Department’s telegram to the Chargé in France, No. 330, Oct. 22, 11 a.m., p. 696.