711.942/422
Press Release No. 19–75 Issued by the Treasury Department on December 22, 1939
The Commissioner of Customs, in response to inquiries from importers, today issued a circular letter of instructions to collectors of customs advising them that the 10 percent ad valorem discriminating duties under Section IV, paragraph J, subdivision 1 of the Tariff Act of 1913 are not to be collected unless and until further instructions are issued. The question of application of the duties had arisen, according to importers, because of the impending expiration on January 26, 1940, of the Treaty of Commerce and Navigation with Japan, dated February 21, 1911.
The text of the circular letter is as follows:
December 21, 1939.
Bureau of Customs
Circular Letter No. 2042
To Collectors of Customs and others concerned:
Inquiries have been received concerning the expiration on January 26, 1940, of the Treaty of Commerce and Navigation with Japan, dated February 21, 1911, with respect to the imposition of discriminating duties under section IV, paragraph J, subsection 1 of the Tariff Act of 1913, 38 Stat. 195 (U. S. C. title 19, sec. 128; title 46, [Page 196] sec. 146), saved from repeal by section 651(d) of the Tariff Act of 1930, 46 Stat. 763. Attention is directed to the coordinate provision of the Act of May 24, 1828, 4 Stat. 308, substantially reenacted in section 4228 of the Revised Statutes of 1873, as amended by the Act of July 24, 1897, 30 Stat. 214 (U. S. C. title 46, sec. 141), authorizing the President, under certain conditions, to issue a proclamation suspending discriminating duties. Attention is also directed to a proclamation issued by President Grant on September 4, 1872 (17 Stat. 956), suspending discriminating duties with respect to Japan. Since that proclamation appears not to have been revoked, the Treasury Department has reached the tentative conclusion that the proclamation will again be operative upon the expiration of the Treaty of Commerce and Navigation with Japan and that no discriminating duties under the statute cited above will be imposed, in the absence of Executive or Congressional action.
In view of the foregoing, no estimated or other duties shall be collected under 38 Stat. 195 (U. S. C. title 19, sec. 128; title 46, sec. 146), unless and until this circular is superseded by further instructions.
Commissioner of Customs