693.003/908
The Minister in China (MacMurray) to the Secretary of State
Peking, April 30, 1929.
[Received June
10.]
No. 2066
Sir: With reference to the Department’s
telegraphic instruction No. 131, of April 20, 5 p.m., I have the honor
to enclose a copy of a note, No. 757, of April 30th, which was addressed
by this Mission to the Ministry of Foreign Affairs of the National
Government at Nanking, with regard to discriminatory practices against
American nationals and their goods in the collection by the Chinese
customs authorities of certain surtaxes.
The Department’s attention is respectfully invited to page four, line
three, of this note, in which the following appears:
“During March when steamer traffic was resumed
this arrangement was extended to cargo exported in vessels by
Japanese subjects.”
This statement was included in the note as a result of
information received subsequently to the despatch of the Legation’s
telegram No. 283, of April 15, 10 p.m.
I have [etc.]
[Page 810]
[Enclosure]
The American Minister (MacMurray) to the Chinese Minister for Foreign Affairs
(C. T.
Wang)
Peking, April 30, 1929.
No. 757
Excellency: I have the honor to inform Your
Excellency that reports have recently been submitted to me by
American consular officers in China with regard to the application
of the Chinese Customs tariff from which it appears that, in the
collection of duties at certain ports, the Chinese Customs
Administration is discriminating against American nationals in
contravention of the provisions of the Sino-American Treaty of July
25, 1928.
The American Consul at Tsingtao has informed me that the Commissioner
of Customs at that port, in Customs Notification No. 200, of
February 9, 1929, announced the imposition, as from February 10,
1929, of surtaxes upon native exports and native imports of 2½ per
cent and 1½ per cent respectively. It appears that, in the
collection of these surtaxes, preferential treatment was granted to
Japanese nationals in that they were not compelled to pay them
directly and unconditionally into the revenues of the Chinese
Maritime Customs, but were permitted to make deposit in a special
account with the Customs bank pending action upon a protest which
had been made by the Japanese authorities that the collection of
these surtaxes was illegal. A similar privilege was in the meantime
denied to American nationals, who are at the present time compelled
to pay these surtaxes directly into the Customs revenues. I am
informed furthermore that the Commissioner of Customs at Tsingtao is
acting in this matter under the specific instructions of the
Inspector General of Customs, who, on February 18, 1929, directed
the Commissioner that merchants of other than Japanese nationality
were not to be accorded the privilege of paying on deposit during
the period of negotiation, and that all surtaxes collected from
those of other nationalities were to be paid into ordinary revenues
and not into a suspense account with a view to possible eventual
refund.
A further instance of discrimination in the collection of Customs
duties has been reported to me by the American Consul at Mukden, who
states that surtaxes similar to those imposed at Tsingtao were to
have been imposed at Antung and other ports on the Korean border on
February 16, 1929. In consequence of a protest from the Japanese
authorities, the collection of the surtaxes was postponed; but a
working arrangement was finally reached whereby bona fide Japanese
and Korean merchants were not to pay these surtaxes upon rail-borne
cargo. During March when steamer traffic was resumed [Page 811] this arrangement was extended to cargo
exported in vessels by Japanese subjects.
I have the honor, therefore, under instructions from my Government,
to ask Your Excellency’s Government to investigate these
discriminatory practices, with a view to their discontinuance, if
still found in effect, and to the satisfaction of any well-founded
complaints which American nationals may have to bring in this
relation. I am also directed by my Government to express the hope
that Your Excellency’s Government may also see its way to issue such
instructions to the Chinese Customs Administration as may obviate
the possibility of similar instances of discrimination arising in
the future.
I avail myself [etc.]
